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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


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SCHOOL  OF  LAW 
LIBRARY 


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THE 


POLITICAL   CODE 


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THE 


POLITICAL  CODE 


STATE  OF  CALIFORNIA. 


AS  ENACTED  IN  1872,  AND  AMENDED  UP  TO  AND 
INCLUDING    1897. 


BY 

JAMES  H.  DEERING, 

Of  the  San  Francisco  Bar. 


SAN  FRANCISCO: 

BANCROFT-WHITNEY    CO 

Law  Publishers  and  Law  Booksellers. 
1897. 


C3^ 

Copyright  1897, 
Br  BANCROFT-WHITNEY  CO. 


San  Francisco: 

The  Fii.mer-Rollins  Electrotype  CoisrPANT, 

Typographers  and  Stereotypers. 


ANALYSIS  OF  THE  CONTENTS. 


PRELIMINARY  PROVISIONS,   §§  2-20. 

PART   I. 

OF  THE  SOVEREIGNTY  AND  PEOPLE  OF 
THE  STATE,  Etc.,  §§  30-60. 

PART   II. 

POLITICAL  DIVISIONS  OF  THE  STATE,  §§  75- 
203. 

PART   III. 

GOVERNMENT  OF  THE   STATE,   §§   220-3900. 

PART   IV. 

GOVERNMENT    OF    COUNTIES,  Etc.,  §§  3901- 
4457. 

PART   V. 

SOURCES  OF  LAW  AND  EFFECT  OF  CODES, 
§§  4466-4505. 

ADDENDA. 

GENERAL  LAWS  ON  SUBJECTS  EMBRACED 
IN  THE   POLITICAL  CODE. 


(V) 


SUMMARY    OF   CONTENTS. 


PART   I. 

OF  THE  SOVEREIGNTY  AND  PEOPLE  OF 
THE  STATE,  AND  OF  THE  POLITICAL 
RIGHTS  AND  DUTIES  OF  ALL  PERSONS 
SUBJECT  TO  ITS  JURISDICTION,   §§  30-60. 

Sovereignty  of  tlie  State,  Title  i,  §§  30-44. 
Residence  of  sovereignty,  chap,  i,  §  30. 
Territorial  jurisdiction  of  the  State,  chap,  ii, 

§§  33-34. 
General  rights  of  the  State  over  persons,  chap. 

iii,  §  37. 
General  rights  of  the  State     over     property, 
chap,  iv,  §§  40-44. 
Persons  Composing  the  People  of  the  State,  Title 

ii,  §§  50-52. 
Political  Rights  and  Duties  of  all  Persons  Subject 
to  the  Jurisdiction  of  the  State,   Title  iii, 
§§  54-60. 


PART  II. 

OF  THE  CHIEF  POLITICAL  DIVISIONS,  SEAT 
OF  GOVERNMENT.  AND  LEGAL  DIS- 
TANCES  OF  THE   STATE,   §§   75-203. 

Chief  Political  Divisions  of  the  State,  Title  i,  §§ 
75-142. 
Counties,   chap,   i,   §   75. 

Senatorial   districts,   chap,   ii,    §§   78-106.    (Su- 
perseded.) 
Congressional  districts,  chap,  iii,  §     117.     (Su- 
perseded.) 
Judicial  districts,   chap,   iv,    §§    125-142.      (Re- 
pealed.) 
Seat  of  Government,  Title  ii,  §  145. 
Legal  Distances  in  the  State,  Title  iii,  §§  150-203. 
(vi) 


Summary  of  Contents. 


PART  III. 

OF  THE   GOVERNMENT   OF   THE   STATE,   §§ 
220-3900. 

Public  Officers,  Title  i,  §§  220-1032. 

Classification  of  public  officers,  chap,  i,  §  220. 
Legislative  officers,   cliap.   ii,    §§   225-337. 
Executive  officers,  chap,  iii,  §§  341-715. 
Judicial  officers,  chap,  iv,  §  726. 
Salaries  of  judicial  officers,   chap,   v,    §§    736- 

739. 
Ministerial  and  other  officers  connected  with 

the  Courts,  chap,  vi,  §§  749-831. 
General  provisions  relative  to  different  classes 

of  officers,  chap,  vii,  §§  841-1032. 

Of  Elections,  Title  ii,  §§  1041-1365. 

General  px'ovisions  i*elatiug  to  elections,  chap, 
i,   §§  1041-1073. 

Qualifications  and  disabilities  of  electors, 
chap,  ii,  §§  1083-1084. 

Registration  of  electors,  chap,  iii,  §§  1094-1117. 

Election  precincts,  chap,  iv,  §§  1127-1132. 

Boards  of  election,  chap,  v,  §§  1142-1150. 

Opening  and  closing  the  polls,  chap,  vi,  §§  1160- 
1164. 

Poll  lists,  chap,  vii,  §§  1174,  1175. 

Election  ticliets  and  ballots,  chap,  viii,  §§  1185- 
1191. 

Voting  and  challenges,  chap.  Ix,  §§  1224-1243. 

Canvassing  and  returning  the  vote,  chap,  x, 
§§   1252-1268. 

Canvass  of  returus;  declaration  of  result;  com- 
missions and  certificates  of  election,  chap, 
xi,  §§  1278-1297. 

Elections  for  Electors  of  President  and  Vice- 
President,  chap,  xii,  §§  1307-1322. 

Elections  for  members  of  Congress,  chap,  xiii, 
§§  1332-1347. 

Primary  elections,  chap,  xiv,  §§  1357-1365. 

Education,  Title  iii.  §§  1.385-1888. 

Univex-sity  of  California,  chap,  i,  §§  1385-1477. 
State  Normal  School,  cliap.  ii,   §§  1487-1507. 
Public  schools,  chap,  iii,  §§  1517-1888. 


viii  Summary  of  Contents. 

State  Militia,  Title  iv,  §§  1895-2117. 

Enrolled   militia,   chap,   i,    §§   1895-1902. 
National  Guard,  cliap.  ii,  §§  1912-2030. 
Calling  and  drafting  the  militia  into  active  ser- 
vice, chap,  iii,   §§  2039-2066. 
Courts-martial     and     of     inquiry,  chap,  iv,  §§ 

2076-2087. 
Board  of  Military  Auditors,  chap,  v,  §§  2093- 

2100. 
Adjutant  General,  chap,  vi,  §§  2107-2117. 
Public  Institutions,  Title  v,  §§  2136-2328. 
Insane  Asylum,  chap,  i,  §§  2136-2222. 
Deaf.   Dumb,  and  Blind  Asylum,  chap,  ii,   §§ 

2237-2282. 
State  Library,  chap,  iii,  §§  2292-2305. 
Supreme  Court  Library,  chap,  iv,  §§  2313-2316. 
Other  public  institutions,     chap,     v,     §§     2326- 

2328. 
Public  Ways,  Title  vi,  §§  2348-2938. 

Public  waters,  chap,  i,  §§  2348-2572. 

Highways,   chap,   ii,    §§   2618-2756. 

Toll  roads,  chap,  iii,  §§  2779-2832. 

Toll  bridges  and  ferries,  chap,  iv,  §§  2843-2895. 

Wharves,  chutes,  and  piers,  chap,  v,   §§  2906- 

2920. 
Miscellaneous  provisions     relating    to     public 

ways,  chap,  vi,  §§  2931-2938. 
General  Police  of  the  State,  Title  vii,  §§  2949-3387. 
Immigration,  chap,  i,  §§  2949-2968. 
Preservation  of  the  public  health,  chap,  ii,  §§ 

2978-3063. 
Registry  of     births,  marriages,     and     deaths, 

chap,  iii,   §§  3074-3083. 
Dissection,  chap.,  iv,   §§  3093-3095. 
Cemeteries  and  sepulture,  chap,     v,  §§     3105- 

3111. 
Lost  and  unclaimed  property,  chap,  vi,  §§  3136- 

3157. 
Marks  and  brands,  chap,  vii,  §§  3167-3199. 
Weights  and  measures,  chap,  viii,  §§  3209-3223. 
Labor    and    materials    on    public    buildings, 

chap,  ix,   §§  3233-3234. 
Hours  of  labor,  chap,  x,  §§  3244-3245. 
Time.  chap,  xi,  §§  3255-3260. 
Money  of  account,  chap,  xii,  §§  3272-3274. 
Auctions,  chap,  xiii,  §§  3284-3324. 
Fires  and  firemen,  chap,  xiv,  §§  3335-3345. 
Licenses,  chap,  xv,  §§  3356-3387. 


Summary  of  Contents.  ix 

Property  of  the  State,  Title  viii,  §§  3395-3597. 
The  public  lands,  chap,  i,  §§  3395-3574. 
The  Yosemite  Valley  and  INIariposa  Big  Tree 

Grove,  chap,  ii,  §§  3584-3586. 
The  State  Burying  Ground,  chap,  iii,  §§  359G- 

3597. 

Revenue.  Title  ix,  §§  3607-3900. 

Property  liable  to  taxation,   chap,   i,   §§   3607- 

3608. 
Definition,  chap,  ii,   §  3617. 
Assessment  of  property,  chap,  iii,  §§  3627-3665. 
Equalization  of  taxes,  chap,  iv,   §§  3672-3705. 
Levy  of  taxes,   chap,  v,    §§   3713-3719. 
Duties  of  Auditor  in  relation  to  revenue,  chap. 

vi,  §§  3727-3738. 
Collection  of  property  taxes,  chap,  vii,  §§  3746- 

3816. 
Collection  of  taxes  by  the  Assessor  on  certain 

personal  property,  chap,  viii,   §§  3820-3830. 
Poll  taxes,  chap,  ix,  §§  3839-3862. 
Settlements  with  the  Controller  and  payments 

into  the  State  Treasury,  chap,  x,  §§  3865- 

3880. 

Miscellaneous  provisions,  chap,  xi,  §§  3881-3900. 


PART  IV. 

OF      THE      GOVERNMENT      OF      COUNTIES, 
CITIES,  AND  TOWNS,  §§  3901-4457. 

Of  Counties,  Title  i,  §§  3901-3985. 

County  boundaries  and  county  seats,  cliap.  i, 

§§  3901-3958. 
General  provisions  relating  to  counties,  chap. 

ii,  §§  3969-3985. 
The  Government  of  Counties,  Title  ii,  §§  4000-4347. 
Counties  as  bodies  corporate,  chap,  i,  §§  4000- 

4007. 
The   Board  of   Supervisors,   chap,   ii,    §§   4022- 

4087. 
County  officers,   chap,   iii,   §§   4101-4316. 
Salaries  and  fees  of  office,  chap,  iv,   §§  4328- 

4333. 
Other  county  charges,  chap,  v,  §§  4343-4347. 


X  Summary  of  Contents. 

The  Government  of  Cities,  Title  iii.  §§  4354-4449. 
Cities  as  bodies  corporate,  chap.  i.  §§  4354-4374. 
Executive  powers,  chap,  ii,  §§  4385-4393. 
Legislative  powers,  chap,  iii,  §§  4403-4414. 
Judicial  powers,  chap,  iv,   §§  4424-4432. 
Certain  statutes  relating  to  cities  and  towns 

and  existing  corporations  continued,  chap. 

V,  §  4442. 
Funding  and  refunding  of  city  indebtedness, 

chap,  vi,   §§  4445-4449. 
Liability   of   Counties   and   Cities   for     Injury   to 

Property   by   Mobs   or    Riots,    Title   iv,    §§ 

4452-4457. 


PART  V. 

OF    THE    DEFINITION   AND      SOURCES  OF 

LAW— EFFECT     AND     PUBLICATION  OF 

THE    CODES,   AND      THE      EXPRESS  RE- 
PEAL OF  STATUTES,  §§  4466-4505. 

Definition  and  Sources  of  the  Law,  Title  i,  §§ 

4466-4468. 
Effect  of  the  Codes.  Title  ii.  §§  4478-4484. 
Publication  of  the  Codes,  Title  iii,  §  4494. 
Express  Repeal  of  Statutes,  Title  iv,  §§  4504- 

4505. 


APPENDIX. 


PEELIMINARY   PROVISIONS. 


THE   POLITICAL   CODE 


STATE   OF  CALIFORNIA. 


AN  ACT 

TO  ESTABLISH  A  POLITICAL  CODE. 

[Approved  March  12,  1872.] 


Tlie  People  of  the  State  of  California,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  fol- 
lows : 

TITLE    OF   THE   ACT. 

S  1.  This  Act  shall  he  known  as  The  Political 
Code  of  the  State  of  California,  and  is  divided  in- 
to five  Parts,  as  follows: 

Part  I.  Of  the  Sovereignty  and  People  of  the 
State,  and  of  the  Political  Rights  and 
Duties  of  all  Persons  subject  to  its  Ju- 
risdiction. 
TI.  Of  the  chief  Political  Divisions.  Seat  of 
Government,  and  Legal  Distances  of 
the  State. 

III.    Of  the  Government  of  the  State. 

IV.  Of  the   Government   of   Counties,    Cities 

and  Towns. 

V.  Of  the  Definition  and  Sources  of  Law;  the 

Common  Law;  the  Publication  and  Ef- 
fect of  tlie  Codes;  and  the  Express  Re- 
peal of  Statutes. 
Mode  of  citing:  Sec.  20. 
Pol.  Code— 1.  (1) 


THE    POLITICAL    CODE 


STATE  OF  CALIFORNIA. 


PRELIMINARY  PROVISIONS. 

§    2.  When  Code  takes  effect. 

§    3.  Not   retroactive. 

§    4.  Construction   of   the   Political    Code. 

§    5.  Provisions   similar   to   existing   laws,    hovr   construed. 

§    6.  Tenure    of   offices    preserved. 

§    7.  Construction  of  repeal  as  to  certain  offices. 

S    8.  ."ictions,   etc.,   not  affected  by  this  Code. 

§    9.  Limitations  shall   continue  to  run. 

§  10.  Holidays, 

i  11.  Same. 

§  12.  Computation  of  time. 

§  13.  Certain   acts  not  to  be  done  on  holidays. 

§  14.  Seal   defined. 

§  15.  Joint   authority. 

§  16.  Words    and   phrases. 

§  17.  Certain   terms   used   in   this   Code   defined. 

§  18.  Statutes,    laws    or    rules    inconsistpnt    with    Code    re- 
pealed. 

§  19.  Certain  statutes  preserved. 

§  20.  This  Act,   how   cited,   etc. 

S  2.  This  Code  takes  effect  at  twelve  o'clock, 
noon,  of  the  first  day  of  January,  eighteen  hundred 
and  seventy-three. 

Same  provision — in  §  2  of  the  other  Codes. 

Existinu  enactments — and  proceediucs,  how  af- 
fected, §§  8,  18. 

Effect  of  the  Codes-=-§§  447S-4484.  and  see  sees. 
3-19  inclusive. 

Publication  of  the  Codes— §  4494. 

Operation  of  statutes— §§  323-330. 

Promuluatiou   of  statutes— §§   318,   52G-52S. 

^2^ 


3  Prelimiuary  Provisions.  §§  3,  4 

§.  3.    No     part     of     it  is  retroactive,  unless  ex- 
pressly so  declared. 
Saiiie  provision — by  §  3  of  the  other  Codes. 
Accrued  rights— not  affected,  §§  8-18. 
Impairing  vested  rights:  See  sec.  8,  post. 

§  4.  The  rule  of  the  common  law,  that  statutes 
in  derogation  thereof  are  to  be  strictly  construed, 
has  no  application  to  this  Code.  The  Code  estab- 
lishes the  law  of  this  State  respecting  the  sub- 
jects to  which  it  relates,  and  its  provisions  and  all 
proceedings  under  it  are  to  be  liberally  construed, 
with  a  view  to  effect  its  objects  and  to  promote 
justice. 

Similar  provision — by  sec.  4  of  the  other  Codes. 
Construction  of  Statutes: 

Amendments— Sees.  325,  330;  see  Const.  Cal.. 
art.  18,  sec.  1. 

Codes— construction  of,  sees.  4478,  4480. 

Common  law— statutes  in  derogation  of,  see 
see.  4. 

Conflicting  enactments:  See  sees.  4480-4484;  also 
sees.  4478-4479. 

Contemporaneous  exposition— best  aid  to  con- 
struction: Civ.  Code,  sec.  3535. 

Declaring  what  is  written:  See  Code  Civ.  Proc, 
sec.  1858. 

p]ffect  to  all  portions— should  be  given:  See  Code 
Civ.  Proc,  sec.  1858;  Civil  Code,  sec.  3541. 

Enacting  clause — of  statutes:  Const.  Cal.,  sec.  1, 
art.  4. 

Intention  of  Legislature— is  guide:  See  Code 
Civ.  Proc,  sec.  1859. 

.Judicial  interpretation:  See  Code  Civ.  Proc, 
sec.  1858. 

Mandatory  provisions— of  Const.  Cal.  1879:  See 
same,  art.  1,  sec.  22. 

Natural  right— preferred :  See  Code  Civ.  Proc, 
sec  1866. 

Particular  provision — or  intent  controls  general: 
Code  Civ.  Proc,  sec.  1859;  Civil  Code,  sec.  3534. 

Political  Code— Construction  of:  Sees.  3-5,  8,  18. 
and  generally,  sees.  1-20. 

Reasonable  interpretation— required:  See  Civil 
Code,  §  3542. 

Itules — of  construction  and  interpretation:  See 
Code  Civ.  Proc.  sees.  1858,  1859,  1866. 

Words— and  phrases:  See  sees.  15,  16,  17. 


S§  5-9  Preliminary  Provisions.  4 

§  5.  Tlie  provisions  of  this  Code,  so  far  as  ihey 
are  substantially  the  same  as  existing  statutes, 
must  be  construed  as  continuations  thereof,  and 
not  as  new  enactments. 

Similar  provision:  Sec.  5  of  the  other  Codes. 

§  6.  All  persons  who,  at  the  time  this  Code 
talces  effect,  hold  office  under  any  of  the  acts  re- 
pealed, continue  to  hold  the  same  according  to  the 
tenure  thereof,  except  those  officers  which  are  not 
continued  by  one  of  the  Codes  adopted  at  this 
session  of  the  Legislature,  and  excepting  offices 
filled  by  appointment.  [Amendment  approved 
March  30:  Amendments  1873-4,  p.  3.  In  efCeci 
July  6,  1874.] 

Similar  provision— in  Code  Civ.  Proc:  Sec.  C. 
Offices  not  continued— by  Codes:  see  sec.  7. 

§  7.  When  any  office  is  abolished  by  the  repeal 
of  any  act,  and  such  act  Is  not  in  substance  re 
enacted  or  continued  in  either  of  the  four  Codes, 
such  office  ceases  at  the  time  the  Codes  take  ef- 
fect. 

Same  provision— in  Code  Civ.  Proc:  Sec.  7. 

Repeals  by  implication:  See  sec.  18,  post. 

§  8.  No  action  or  proceeding  commenced  before 
this  Code  talies  effect,  and  no  right  accrued,  is  af- 
fected by  its  provisions,  but  the  proceedings  there- 
in must  conform  to  the  requirements  of  this  Code 
as  far  as  applicable. 

Similar  provisions— in  Civ.  Code:  Sec.  6;  Code 
Civ.  Proc,  sec.  8;  Penal  Code,  sec.  6. 

§  9.  When  a  limitation  or  period  of  time  pre- 
scribed in  any  existing  statute  for  acquiring  a  right 
or  barring  a  remedy,  or  for  any  other  purpose,  has 
begun  to  run  before  this  Code  goes  into  effect, 
and  the  same  or  any  limitation  is  prescribed  in 
this  Code,  the  time  which  has  already  run 
shall  be  deemed  part  of  the  time  prescribed  as 
such  limitation  by  this  Code.  [Amendment  ap- 
proved Marcli  24,  1874;  Amendments  1873-4,  p. 
279.     In  effect  July  1,  1874.] 


5  Prellmiuary  Provisions.  §§  10-12 

Same  provision— in  Code  Civ.  Proc:  Sec.  9. 
Limitations  of  civil  actions:  See  Code  Civ.  Proc, 
sees.  312-303. 

§  10.  Holidays,  within  tlie  meaning  of  this 
Code,  are  every  Sunday,  the  first  day  of  January, 
the  twenty-second  day  of  February,  the  thirtieth 
day  of  May,  the  fourth  day  of  July,  the  ninth  day 
of  September,  the  first  Monday  in  September,  tlie 
twenty-fifth  day  of  December,  every  day  on  which 
an  election  is  held  throughout  the  State,  and  every 
day  appointed  by  the  President  of  the  United 
States,  or  by  the  Governor  of  this  State,  for  a  pub- 
lic fast,  thanlisgiving,  or  holiday.  If  the  first  day 
of  January,  the  twenty-second  day  of  Februai-y, 
the  thirtieth  day  of  May,  the  fourth  day  of  July, 
the  ninth  day  of  September,  or  the  twenty-fifth 
day  of  December  fall  upon  a  Sundas',  the  Monday 
foUoAving  is  a  holiday.  [Amendment  approved 
February  23,  1897;  Amendments  1897,  chap.  xvi. 
In  effect  immediately.] 

Also  amended  in  1893:  Stats.  1893,  p.  187. 

Similar  provisions— in  Civ.  Code:  Sec.  7,  and 
Code  Civ.  Proc,  sec  10. 

§  11.  If  the  first  day  of  January,  the  twenty- 
second  day  of  February,  the  fourth  day  of  July, 
or  the  twenty-fifth  day  of  December,  fall  upon  a 
Sunday,  the  Monday  following  is  a  holiday. 
[Approved  March  30;  Amendments  1873-4,  p.  2.  In 
efllect  July  6,   1874.] 

Similar  provisions— in  Civ.  Code:  Sees.  7,  8,  and 
Code  Civ.  Proc,  sees.  10,  11. 

Holidays,  Avhen  counted:  See  sec.  13. 

§  12.  The  time  in  which  any  act  provided  by 
law  is  to  be  done  is  computed  by  excluding  th<' 
first  day,  and  including  the  last,  unless  the  last 
day  is  a  holiday,  and  then  it  is  also  excluded. 

Same  provision— in  Civ.  Code:  Sec.  10,  and  Code 
T'iv.  Proc,  sec  12. 

Time,  how  computed,  and  year,  weel<,  and  day 
defined:  See  post,  sees.  3255  et  seq. 


§S  13-lG  Preliminary  Provisions.  G 

§  13.  Wlienever  any  act  of  a  secular  nature, 
otlier  than  a  vrovk.  of  necessity  or  mercy,  is  ap- 
pointed by  law  or  contract  to  be  performed  upon 
a  particular  day,  -svliicli  day  falls  upon  a  holiday, 
such  act  may  be  performed  upon  the  next  business 
day  with  the  same  effect  as  if  it  had  been  perform- 
ed upon  the  day  appointed. 

Same  provision— in  Civ.  Code:  Sec.  11,  and  Code 
Civ.  Proc.°  sec.  13. 

§  14.  When  the  seal  of  a  court,  public  officer  or 
person  is  required  by  law  to  be  affixed  to  any  pa- 
per, the  word  "seal"  includes  an  impression  ot 
such  seal  upon  the  paper  alone  as  well  as  upon 
wax  or  a  wafer  affixed  thereto. 

Same  provision— in  Code  Civ.  Proc:  Sec.  14. 

Private  writings- seals  for:  See  Code  Civ.  Proc. 
sees.   1920-1934. 

Abolition  of  distinction— between  sealed  and  un- 
sealed instruments:  See  Civ.  Code,  sec.  1G29;  Code 
Civ.  Proc,  sec  1932. 

Impression  of  seal — sufficient:  See  Civ.  Code,  sec. 
1628. 

Seals  other  than  official  are  abolished  bv  the  Civ. 
Code:  Sec.  1629. 

Seals  of  courts:  See  Code  Civ.  Proc,  sees.  147- 
153. 

§  15.  Words  giving  a  joint  authority  to  three  or 
more  public  officers,  or  other  persons,  are  con- 
strued as  giving  such  authority  to  a  majority  of 
them,  unless  it  is  otherwise  expressed  in  the'  act 
giving  the  authority. 

Same  provision — in  Civ.  Code:  Sec.  12;  Code  Civ. 
Proc,  sec.  15. 

§  16.  Words  and  phrases  are  construed  accord- 
ing to  the  context  and  the  approved  usage  of  the 
language:  but  technical  words  and  phrases,  and 
such  others  as  have  acquired  a  peculiar  and  ap- 
propriate meaning  in  law.  or  are  defined  in  the  suc- 
ceeding section,  ai"e  to  be  construed  according  to 
such  peculiar  and  appropriate  meaning  or  detiui 
tion. 

Same  provision— in  Civ.  Code:  Sec.  13,  and  Code 
Civ.  Proc.  sec.  16. 

Words  of  a  contract— how  interpreted:  See  Civil 
Code.  see.  1644. 


7  Preliminary  Proyisious.  §  17 

Terms  of  a  writing— liow  construed:   See  Code 
Civ.  Proc,  see.  1861. 
Technical  words:  See  Civil  Code,  sec.  1645. 

§  17.  Words  iised  in  tliis  Code  in  the  present 
tense  include  the  future  as  well  as  the  present; 
words  used  in  the  masculine  gender  include  the 
feminine  and  neuter;  the  singular  number  includes 
the  plural,  and  the  plural  the  singular;  the  word 
"person"  includes  a  corporation  as  well  as  a  nat- 
ural person;  writing  includes  printing;  oath  in 
eludes  affirmation  or  declaration;  every  mode  of 
oral  statement  under  oath  or  atflrmatiou  is  em- 
braced by  the  term  "testify,"  and  every  written 
one  in  the  term  "depose;"  signature  or  sulsscription 
iucludes  mark,  when  the  person  cannot  write,  his 
name  being  written  near  it,  and  witnessed  by  a 
person  who  writes  his  own  name  as  a  witness. 
The  following  words,  also,  have  in  this  Code  the 
signification  attached  to  them  in  this  section,  un- 
less otherwise  apparent  from  the  context: 

One— The  word  "property"  includes  both  real  and 
personal  property. 

Two— The  words  "real  property"  are  coexten- 
sive with  lands,  tenements  and  hereditaments. 

Three— The  words  "personal  property"  include 
money,  goods,  chattels,  things  in  action,  and  evi- 
dence's of  debt. 

Four— The  word  "month"  means  a  calendar 
month,  unless  otherwise  expressed. 
Five — The  word  "will"  includes  codicils. 
Six — The  word  "writ"  signifies  an  order  or  pre- 
cept in  writing,  issued  in  the  name  of  the  People, 
or  of  a  Court  or  judicial  officer;  and  the  word  "pro- 
cess," a  writ  or  summons  issued  in  the  course  of 
.iudici.nl  proceedings. 

Seven — ^J'he  word  "vessel,"  when  used  in  refer- 
ence to  shipping,  includes  ships  of  all  kinds, 
steamboats  and  steamships,  canal  boats,  and  every 
structure  adapted  to  be  navigated  from  place  to 
T)lace. 

Eiglit— The  term  "peace  officer"  signifies  any  of 
the  officers  mentioned  in  section  eight  hundred 
and  seventeen  of  the  Penal  Code. 

Nine— The  term  "magistrate"  signifies  any  one 
of  the  officers  mentioned  in  section  eight  hundred 
and  eight  of  the  Penal  Code. 

Ten— The  word  "State,"  when  applied  to  the  dif- 
ferent parts  of  the  United  States,  includes  the  Dis- 


§§  IS,  19  Prelim iuaiT  Provisions.  8 

trict  of  Columbia  and  the  Territories;  and  tlie 
words  "United  States"  may  include  the  Districa 
and  Territories.  [Approved  March  30;  Amend- 
ments 1S73-4,  p.  2.    In  effect  July  6,  1874.] 

Similar  provisions— in  Civ.  Code:  Sec.  14;  Code 
Civ.  Proc,  see.  IT;  Penal  Code,  sec.  7. 

Words  used  in  boundaries  are  defined  in  sections 
39u3  to  3907  of  this  Code. 

§  18.  No  statute,  law,  or  rule  is  continued  in 
force  because  it  is  consistent  with  the  provisions 
of  this  Code,  on  the  sahie  subject;  but  in  all  cases 
provided  for  by  this  Code  all  statutes,  laws,  and 
rules  heretofore  in  force  in  this  State,  whether 
consistent  or  not  with  the  provisions  of  this  Code, 
unless  expresslj"  continued  in  force  by  it,  are  re- 
pealed and  abrogated.  This  repe.al  or  abrogation 
does  not  revive  any  former  law  heretofore  repeal- 
ed, nor  does  it  affect  any  right  already  existing 
or  accrued,  or  any  action  or  proceeding  already 
taken,  except  as  in  this  Code  provided;  nor  does 
it  affect  any  private  statute  not  expressly  repealed. 

Same  provision— in  Civ.  Code:  Sec.  20,  and  Code 
Civ.  Proc.  sec.  18. 

Repealing  statutes— and  repeals  generally:  Sees. 
327-329,  4504,  4505. 

Statutes  continued  in  force:  Sec.  19. 

The  repeal  of  a  repealing  act  does  not  revive  the 
original  act:  See  post,  sec.  328. 

Vested  rights:  See  sec.  8. 

§  19.  Nothing  in  either  of  the  four  Codes  af- 
fects any  of  the  provisions  of  the  following  stat- 
tites.  but  such  statutes  are  recognized  as  continu- 
ing in  force,  notwithstanding  the  provisions  of  the 
Codes,  except  so  far  as  they  have  been  repealed  or 
affected  bv  subsequent  laws: 

1.  All  acts  incorporating  or  chartering  muni- 
cipal corporations,  and  acts  amending  or  supple- 
menting sticli  acts; 

2.  All  acts  consolidating  cities  and  counties,  and 
acts  amending  or  supplementing  such  acts; 

3.  All  acts  for  funding  the  State  debt,  or  any 
part  thereof,  and  for  issuing  State  bonds,  and 
acts  amending  or  stipplementing  such  acts: 

4.  All  acts  regulating  and  in  relation  to  rodeos; 

5.  All  acts  in  relation  to  Judges  of  the  Plains; 


9  Preliminary  Provisions.  §  19 

0.  All  acts  creating  or  regulating  boards  of 
water  commissioners  and  overseers  in  the  several 
townships  or  counties  of  the  State; 

7.  All  acts  in  relation  to  a  branch  State  prison; 

8.  An  act  for  the  more  effectual  prevention  of 
cruelty  to  animals;  approved  March  thirtieth, 
eighteen  hundred  and  sixty-eight; 

9.  An  act  for  the  suppression  of  Chinese  houses 
of  ill-fame,  approved  INIarch  thirty-first,  eighteen 
liundred  and  sixty-six; 

10.  An  act  relating  to  the  home  of  the  inebriate 
of  San  Francisco,  and  to  prescribe  the  powers  an<l 
duties  of  the  board  of  managers  and  the  officers 
thereof,  approved  April  first,  eighteen  hundred  and 
seventy; 

11.  An  act  concerning  marks  and  brands  in  the 
county  of  Sisliiyou,  approved  March  twentieth, 
eigliteen  hundred  and  sixty-six; 

12.  An  act  to  prevent  the  destruction  of  fish  in 
the  waters  of  Bolinas  Bay,  in  Marin  County,  ap- 
proved March  thirty-first,  eighteen  hundred  and 
sixty-six; 

13.  An  act  concerning  trout  in  Sislviyou  County, 
approved  April  second,  eighteen  hundred  and  six- 
ty-six; 

14.  An  act  to  prevent  the  destruction  of  fish  in 
Napa  River  and  Sonoma  Creek,  approved  January 
twenty-ninth,  eighteen  hundred  and  sixty-eight; 

15.  An  act  to  prevent  the  destruction  of  fish  and 
game  in,  u])on,  and  around  the  waters  of  Lake 
Merritt,  or  Peralta,  in  the  county  of  Alameda,  ap- 
proved IVIarch  eighteenth,  eighteen  hundred  and 
seventy ; 

16.  An  act  to  regulate  salmon  fisheries  in  Eel 
River,  in  Humboldt  County;  approved  April 
eighteenth,  eighteen  hundred  and  fifty-nine; 

17.  An  act  for  the  better  protection  of  stock- 
raisers  in  the  counties  of  Fresno,  Tulare,  Monterey 
and  Mariposa,  approved  Marcli  twentieth,  eighteen 
liundred  and  sixty-six; 

18.  An  act  concerning  oysters,  approved  April 
twenty-eighth,  eighteen  hundred  and  fifty-one; 

19.  An  act  concerning  oyster  beds,  approved 
April  second,  eighteen  hundred  and  sixty-six; 

20.  An  act  concerning  gas  companies,  approved 
April  fourth,  eighteen  hundred  and  seventy; 

21.  An  act  to  empower  the  board  of  supervisors 
of  the  several  counties  of  the  State  to  aid  in  the 


§  19  Preliminary  Provisious.  10 

construction  of  a  I'ailroad  in  their  respective  coun- 
ties, approved  April  fourth,  eighteen  hundred  and 
seventy; 

22.  An  act  supplemental  to  the  act  mentioned  in 
the  preceding  subdivision,  approved  April  fourth, 
eighteen  hundred  and  seventy; 

23.  All  acts  in  relation  to  lawful  fences,  estrays. 
and  the  trespassing  of  animals  upon  private  prop- 
erty; 

24.  An  act  for  the  relief  of  insolvent  debtors 
and  the  protection  of  creditors,  approved  May 
fourth,  eighteen  hundred  and  sixty-two,  and  the 
acts  amending  and  supplementing  such  act; 

25.  All  acts  in  relation  to  taxation  for  local  pur- 
poses; 

26.  All  acts  dividing  counties  into  collection  and 
assessment  districts; 

27.  All  acts  allowing  county  or  city  and  county 
othcers  to  appoint  deputies,  clerlis  and  subordinate 
officers,  in  so  far  as  such  acts  authorize  the  ap- 
pointment and  lix  the  compensation  of  such  depu- 
ties,  clerlis   and   subordinate   officers. 

Similar  provisions— in  Penal  Code:  Sec.  23. 

P^urther  instances — of  continued  statutes:  See 
sees.  697,  1415,  subd.  4,  3448,  4331,  4442. 

Subdivision  4.  Rodeos:  Original  act  in  Stats. 
1851,  p.  445;  amd.  by  Stats.  1852,  p.  102;  1858,  p.  70; 
1861,  p.  180;  1866,  p.  73;  special  repeal.  Stats.  1855, 
p.  163.  Supplemental  act.  Stats.  1858,  p.  155. 
Amendatory  and  supplemental  act,  Stats.  1866,  p. 
673;  special  repeal.  Stats.  1874,  p.  793. 

Subdivision  5.  Judges  of  the  plains:  Stats. 
1851,  p.  515;  amd.  Stats.  1857,  p.  158;  1863,  p.  497. 

Subdivision  6.  Water  Commissioners,  general 
law:  Stats.  1854,  p.  180;  amd.  Stats.  1857,  p.  31; 
1860,  p.  335;  1861,  p.  31;  1862,  p.  235.  For  special 
acts,  see  Stats.  1857,  p.  63;  1859,  p.  217;  1860,  p. 
182;  1864.  pp.  87.  167,  375;  1866,  pp.  313,  314,  609; 
1870,  p.  702;  1874,  p.  312;  1876,  pp.  486,  547,  731. 
885. 

Subdivision  7.  Branch  State  prison — chief  acts: 
Stats.  1858,  p.  2.59.  and  Stats.  1868,  p.  267;  but  see 
act  in  Stats.  1874,  p.  785;  also.  Stats.  1878,  p.  884, 
and  Stats.  1880,  p.  191  or  39.  For  a  reference  to 
the  acts  relating  to  States  prisons  see  General 
Laws,  tit.  States  Prisons. 

Subdivision  8.  Prevention  of  cruelty  to  ani- 
mals: Stats.  1868,  p.  604;  and  Stats.  1872,  p.  393: 


11  Preliminary  Provisions.  §  20 

but  see  repealing  clause  of  act  in  Stats.  1874,  p. 
499. 

Subdivision  9.  Chinese  houses  of  ill-fame: 
Stats.  1866.  p.  641;  but  see  amdt.  Stats.  1874,  p.  84. 

Subdivision  10.  Home  of  Inebriates:  Stats.  1870, 
p.  585;  see,  also,  act  in  Stats.  1876,  p.  325. 

Subdivision  11.  Marks  and  brands— in  Siskiyou 
county:  Stats.  1866,  p.  332. 

Subdivision  12.  Fish  in  Bolinas  bay:  Stats.  1866, 
p.  637. 

Subdivision  13.  Trout  in  Siskiyou  County:  Stats. 
1866,  p.  857. 

Subdivision  14.  Fish  in  Napa  River,  etc.:  Stats. 
lS(i8,  D.  13;  amd.  Stats.  1871,  p.  441. 

Subdivision  15.  Lake  JNIerritt  fish  and  game: 
Stats.  1870,  p.  325. 

Subdivision  16.  Eel  liiver  salmon  fisheries: 
Stats.  1859,  p.  298. 

Subdivision  17.  Stock-rai,sers:  Stats.  1866,  p. 
322. 

Subdivision  18.  Oysters:  Stats.  1S51,  p.  432;  but 
see  repealing  clause  of  act  in  Stats.  1874,  p.  940. 

Subdivision  19.  Oyster  Beds:  Stats.  1866,  p.  848; 
but  see  repealing  clause  of  act  in  Stats.  1874,  p. 
940. 

Subdivision  20.  Gas  company  franchises:  Stats. 
1870,  p.  815. 

Subdivision  21.  Aid  to  railroads:  Stats.  1870;  p. 
746;  see  repealing  acts.  Stats.  1872,  p.  44;  1874, 
p.  26. 

Subdivision  22.  Act  supplemental  to  foregoing: 
Stats.  1870,  p.  744;  see  repealing  acts,  Stats.  1872, 
p.  44;  1874,  p.  26. 

Subdivision  24.  Insolvency:  Original  act  iu 
Stats.  1852,  p.  69;  amd.,  Stats.  1858,  p.  58;  1860,  p. 
283;  1863,  p.  750;  supplementary  act.  Stats.  1876, 
p.  581;  insolvent  act  of  18S0,  Stats.  1880,  p.  316 
or  82.  See  act  of  1895  iu  appendix  to  Code  of  Civ- 
il Procedure,  p.  817. 

§  20.  This  act,  whenever  cited,  enumerated,  re- 
ferred to,  or  amended,  may  be  designated  simply 
as  The  Political  Code,  adding,  when  necessarj',  the 
number  of  the  section. 

Title  of  the  act:  See  aute,  sec.  1. 


PART  I. 


OF  THE  SOVEREIGNTY  AND  PEOPLE  OF 
THE  STATE,  AND  OF  THE  POLITICAL 
RIGHTS  AND  DUTIES  OF  ALL  PERSONS 
SUBJECT   TO   ITS   JURISDICTION. 

Pol.  Code— 2.  03) 


PART  I. 

OF  THE  SOVEREIGNTY  AND  PEOPLE  OF  THE 
STATE,  AND  OF  THE  POLITICAL  RIGHTS  AND 
DUTIES  OF  ALL  PERSONS  SUBJECT  TO  ITS 
JURISDICTION. 

Title  I.    SoTei-eignty  of  the  State. 

II.    Persons  Composing  the  People     of     the 
State. 
III.    Political  Kights  and  Duties  of  all  Persons 
Subject  to  the  Jurisdiction  of  the  State. 

TITLE  I. 

SOVEREIGNTY      OF     THE      STATE. 

Chapter  I.    Residence  of  Sovereignty. 

II.    Territorial  Jurisdiction  of  the  State. 
III.    General  Kights  of  the  State  over  Per- 
sons. 
IV.    General  rights  of  the  State  over  Prop- 
erty. 

CHAPTER  I. 

RESIDENCE      OF      SOVEREIGNTY. 
§  30.    Sovereignty  reside."?   in  the  people. 

§  30.  The  sovereignty  of  the  State  resides  in 
the  people  thereof,  and  all  writs  and  processes 
must  issue  in  their  name. 

People  of  State— political  supremacy  of:  See 
Const.  Cal.,  art.  1,  sec.  2;  rights  of,  see  Const.  Cal,, 
art.  1,  sees.  10.  19,  23. 

Style  of  process:  See  Const.  Cal.,  art.  6,  sec.  20; 
prosecutions  in  name  of  people,  see  Const.  Cal., 
art.  6,  sec.  20. 

State  sovereiirnty:  State     inseparable     part     of 
Union,  Const.  Cal.,  art.  1,  sec.  3;  Federal  Constitu- 
tion supreme  law  of  land,  lb. 
a4) 


15       Territorial  Jurisdiction  of  tlie  State.  §§  33,  34 


CH.\PTER   II. 

TERRITORIAL     JURISDICTION      OF     THE      STATE. 

§  33.    Territorial  jurisdiction;   limitations  on. 
§  34.    Purchase,   etc.,   of  lands  by  United  States  for  public 
use. 

§  33.  The  sovereignty  and  .jurisdictiou  of  tliis 
State  extends  to  all  places  within  its  boundaries  as 
established  by  the  Constitution;  but  the  extent  of 
such  jurisdiction  over  places  that  have  been  or 
may  be  ceded  to,  purchased  or  condemned  by  the 
United  States,  is  qualified  by  the  terms  of  such  ces- 
sion, or  the  laws  under  which  such  purchase  or 
condemnation  has  been  or  may  be  made. 

Boundary  of  State:  Const.  Cal.,  art.  21,  sec.  1; 
admission  of  States,  Coflst.  U.  S.,  art.  4,  sec.  3. 

Purchase  or  condemnation  by  United  States:  See 
sec.  34. 

§  34.  The  legislature  consents  to  the  purchase 
or  condemnation  by  the  United  States  of  any  tract 
of  land  within  this  State  for  the  purpose  of  erect- 
ing forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings,  upon  the  express  condition 
that  all  civil  process  issued  from  the  courts  of  this 
State,  and  such  criminal  pi'ocess  as  may  issue  un- 
der the  authority  of  this  State,  against  any  per- 
son charged  with  crime,  may  be  served  and  exe- 
cuted thereon  in  the  same  mode  and  manner  and 
by  the  same  officers  as  if  the  purchase  or  condem- 
nation had  not  been  made. 

Basis  of  section:  Stats.  1852,  p.  149.  Compare 
Const.  U.  S.,  art.  1,  sec.  8. 

Lighthouses— and  other  aids  to  navigation,  sub- 
marine sites  for:  See  Stats.  1874,  p.  621. 

Jurisdiction  over  places  acquired  by  the  United 
States.— Section  34  malves  provision  for  the  ser- 
vice of  the  State's  process  in  places  ceded  to  the 
United  States;  with  respect  to  which  provision,  ar- 
ticle 1,  section  9,  of  the  constitution  of  tlie  United 
States  must  be  read.  That  section  declares  that 
Congress  shall  have  power  "to  exercise  exclusive 
legislation  in  all  cases  whatsoever,  over  such  dis- 
trict, not  exceeding  ten  miles  square,  as  may  by 


§  37    General  Rigbts  of  State  over  Persons.       1! 

cession  of  particular  States,  and  the  acceptance 
of  Congress,  become  the  seat  of  tne  goYernmeut 
of  the  United  States,  and  to  exercise  lilie  author- 
ity over  all  places  purchased  by  the  consent  of  the 
legislature  of  the  State  in  which  the  same  shall  be. 
for  the  erection  of  forts,  magazines,  arsenals, 
dockyards,  and  other  needful  buildings." 


CHAPTER  III. 

GENERAL  RIGHTS  OF  THE  STATE  OVER  PERSONS. 

§  37.    Rights  over  persons  enumerated. 

§  37.  The  State  has  the  following  rights  over 
persons  within  its  limits,  to  be  exercised  in  the 
cases  and  in  the  manner  provided  by  law: 

1.  To  punish  for  ctime; 

2.  To  imprison  or  confine  for  the  protection  of 
the  public  peace  or  health,  or  of  individual  life  or 
safety: 

3.  To  imprison  or  confine  for  the  purpose  of  en 
forcing  civil  remedies; 

4.  To  establish  custody  and  restraint  for  the 
persons  of  idiots,  lunatics,  drunkards,  and  other 
persons  of  unsoimd  mind; 

5.  To  establish  custody  and  restramt  of  paupers 
for  the  purpose  of  their  maintenance. 

6.  To  establish  custody  and  restraint  of  minors 
unprovided  for  by  natiiral  guardians,  for  the  pur- 
poses of  their  education,  reformation  and  main- 
tenance ; 

7.  To  require  services  of  persons,  Avith  or  with- 
out compensation:  In  military  duty:  in  jury  duty; 
as  witnesses;  as  town  or  village  officers;  in  high- 
Avay  labor;  in  maintaining  the  public  peace:  in  en- 
forcing the  service  of  process;  in  protecting  life 
and  property  from  fire,  pestilence,  wreck  and 
flood;  and  in  such  other  cases  as  are  provided  by 
statute. 

Declaration  of  rights  of  people:  Const.  Cal.,  art. 
1,  sees.  1-24. 

Police  powers  of  State:  See  sees.  2949-3387;  ex- 
clusion of  paupers,  see  sec.  2949,  post. 


IT  Rights  of  the  State  over  Property.  §§  40-42 

CHAPTEll    IV. 

GENERAL  RIGHTS  OF  THE  STATE  OVER  PROPERTY. 

§  40.  Original   and   ultimate   title. 

§  41.  Property   escheats,    when. 

§  42.  Intruders  on  public  lands  of  the  State. 

S  43.  Acquisition  by  taxation   and  assessment. 

§  44.  By  right  of  eminent  domain. 

§  40.  The  original  and  ultimate  right  to  all 
property,  real  and  personal,  within  the  limits  of 
thi.s  State,  is  in  the  people  thereof. 

Ownership  of  property— by  State:  ■  Civ.  Code, 
sees.  669,  670. 

Property  escheats,  when:  Sec.  41. 

Eminent  domain:  See  post,  sec.  44. 

§  41.  All  property,  real  and  personal,  within 
the  limits  of  this  State,  which  does  not  belong  to 
any  person,  belongs  to  the  people.  Whenever  the 
title  to  any  property  fails  for  want  of  heirs  or  next 
of  kin,  it  reverts  to  the  people. 

Lauds  owned  by  State — ^CivJ  Code,  sec.  670. 

Waste  or  ungranted  lands  of  State— removal  of 
intruder  ujion:  Sec.  42. 

Escheated  estates:  See  Code  Civ.  Proc,  sees. 
1269-1272;  unclaimed  realty  of  aliens  escheats  to 
State,  Civ.  Code.  sees.  672,  1404-5 ;  duty  of  control- 
ler as  to,  sec.  437;  duty  of  attorney  general  as  to, 
sec.  474. 

§  42.  If  any  person,  under  any  pretense  of  any 
claim  inconsistent  with  the  sovereignty  and  juris- 
diction of  tlie  State,  intrudes  upon  any  of  the 
waste  or  ungranted  lands  of  the  State,  the  dis- 
trict attorney  of  the  county  must  immediately  re- 
port the  same  to  the  Governor,  who  must  there- 
upon, by  a  written  order,  direct  the  sheriff  of  the 
county  to  remove  the  intruder;  and  if  resistance 
Ui  the  execution  of  the  order  is  made  or  threat- 
ened, the  sherifl!  may  call  to  his  aid  the  power  of 
the  county,  as  in  cases  of  resistance  to  the  writs 
of  the  people. 

Sovereignty  and  jurisdiction  of  State:  Sec.  33. 

Sheriff  of  the  county — duties,  liabilities,  etc.: 
Sees.  417")-4193;  may  call  to  his  aid  the  power  of 
the  county;  see  sec.  4176,  subd.  5. 


§§  43-51  People  of  the  State.  IS 

§  43.  The  State  may  acquire  property  by  taxa- 
tion in  ttie  modes  authorized  by  law. 

Keveuue  and  taxation:  Const.  Cal.,  art.  13,  sees. 
1-13;  also  this  Code,  sees.  36U7-3900. 

§  44.  It  may  acquire  or  authorize  others  to  ac- 
quire title  to  property,  real  or  personal,  for  public 
use,  in  the  cases  and  in  the  mode  provided  in  Ti- 
tle VII.,  Part  III.,  of  The  Code  of  Civil  Procedure. 

Eminent  domain:  See  Code  Civ.  Proc,  sees.  1237- 
1263;  generally,  Civ.  Code,  sec.  1001;  corporations 
subject  to.  Const.  Cal.,  art.  12,  sec.  8;  water  front- 
ages, subject  to.  Const.  Cal.,  art.  15,  sec.  1. 


TITLE  II. 

PERSONS  COMPOSING  THE  PEOPLE  OF  THE  STATE. 

§  50.    Who  are  the  people. 

§  51.    Who  are  citizens. 

§  52.    Residence,    rules   for  determining. 

§  50.    The  people,  as  a  political  body,  consist: 

1.  Of  citizens  who  are  electors; 

2.  Of  citizens  not  electors. 

People  possess  sovereignty:  See  ante,  sec.  30. 

Electors'  eligibility  to  office:  See  post,  sec.  58. 

Electors'  rights  and  duties:  See  post,  sec.  59; 
Const.  Cal.,  art.  2,  sees.  1,  2. 

Electors'  qualifications  and  disabilities:  See  post, 
sec.  1083,  1084;  Const.  Cal.,  art.  1,  sec.  24. 

Registration  of  electors:  See  post,  sees.  1094  et 
seq. 

Elections:  See  sees.  1041  et  seq. 

§  51.    The  citizens  of  the  State  are: 

1.  All  persons  born  in  this  State  and  residing 
within  it,  except  the  children  of  transient  aliens 
and  of  alien  public  ministers,  and  consuls; 

2.  All  persons  born  out  of  this  State  who  are 
citizens  of  the  United  States  and  residing  within 
this  State. 

Residence — rules  for  determining:   Sec.  52. 
Citizens — allegiance  of:  Sees.  55,  50;  when  qual- 
ified electors,  sees.  1083,  1084. 


19  People  of  the  State.  §  52 

Persons  not  citizens:  Sees.  57,  60;  also  sec.  54. 

Subdivision  2.  Citizens  of  the  United  States- 
naturalization  laws:  See  Ptevised  Stats.  U.  S.,  sees. 
2165-2174;  naturalization  papers,  where  procured, 
see  Const.  Cal.,  art.  6,  sec.  5;  declaration  of  inten- 
tion may  be  made  before  clerli  as  well  as  court, 
see  19  U.  S.  Stats.,  p.  2;  amdt.  approved  Feb.  1, 
1876. 

Citizenship  defined:  Fourteenth  amendment 
United  States  constitution.    See  sec.  363,  Civ.  Code. 

Allegiance  defined:  See  post,  sees.  55,  56. 

Naturalization:  See  sec.  1097,  post. 

§  52.  Every  person  has,  in  law,  a  residence.  In 
determining  the  place  of  residence  the  following 
rules  are  to  be  observed: 

1.  It  is  the  place  where  one  remains  when  not 
called  elsewhere  for  labor  or  other  special  or  tem- 
porary purpose,  and  to  which  he  returns  in  sea- 
sous  of  repose; 

2.  There  can  only  be  one  residence; 

3.  A  residence  cannot  be  lost  until  another  is 
gained; 

4.  The  residence  of  the  father  during  his  life, 
and  after  his  death  the  residence  of  the  mother, 
while  she  remains  unmarried,  is  the  residence  of 
the  unmarried  minor  child; 

5.  The  residence  of  the  husband  is  the  residence 
of  the  wife: 

6.  The  residence  of  an  unmarried  minor  who 
has  a  parent  living  cannot  be  changed  by  either 
his  own  act  or  tiiat  of  his  guardian; 

7.  The  residence  can  be  changed  only  by  the 
union  of  act  and  intent. 

liesidence  for  purposes  of  voting— rules  for  de- 
termining: Sec.  1239,  Const.  Cal.,  art.  2,  sec.  4. 

Absence  from  State— on  oflicial  business,  does 
not  affect  question  of  residence:  Const.  Cal.,  art. 
20,  sec.  12. 

Resident  foreigners— if  eligible  to  citizenship, 
etc.,  property  rights  of:  Const.  Cal.,  art.  1,  sec.  17. 

All  these  provisions  clearly  indicate  that  the 
terms  "residence"  and  "domicile,"  so  far  as  our 
constitution  is  concerned,  are  convertible.  The 
constitution  of  1S79,  of  California,  confirms  this 
idea:  See  art.  2,  sees.  1,  4,  art.  20,  sec.  12. 

Permanent  abode — homestead,  residence  requi- 
site for:  Civ.  Code,  sec.  1237. 


§§o4,  55      Political  Rights  and  Duties.  20 

Kesiclence  of  uniuaiTied  minor:  Compare  subd  tj 
Same  residence  for  wife— as  for  liusband.  Di- 
vorce rule  inapplicable  to  actions  for:  See  Civ 
Code,  sec.  129;  right  of  husband  to  select  wife's 
residence,  Civ.  Code,  sees.  103,  104,  150;  length  of 
residence  required  for  divorce,  Civ.  Code,  sec.  128. 
Residence  of  unmarried  minor— poAver  of  guard- 
ian to  tix  residence  of  Avard:  Civ.  Code,  sec.  24S- 
when  parent  may  change  residence  of  child.  Civ.' 
Code,  sec.  213. 


TITLE    III. 

POLITICAL    RIGHTS    AND    DUTIES    OF    ALL    PERSONS 
SUBJECT   TO   THE   JURISDICTION   OF   THE    STATE. 

§  54.  All   persons  within   the  State  subject  to  its  jurisdic- 
tion. 

§  55.  Allegiance. 

i  56.  Allegiance  may  be  renounced. 

§  57.  Persons    not    citizens. 

§  58.  Eligibility    to    office. 

§  59.  Rights    and    duties    of    citizens    not    electors. 

§  60.  Rights  and  duties  of  citizens  of  other  States. 

§  54..  Every  person  while  within  this  State  is 
subject  to  its  jurisdiction  and  entitled  to  its  pro- 
tection. 

Rights  of  the  State  over  Persons— within  its  lim- 
its: Sec.  37. 

Popular  rights:  See  declaration  of  rights.  Const. 
Cal.,  art.  1,  sees.  1-24:  Desty's  Const.  Cal.  177-217; 
general  personal  rights.   Civ.  Code.  sec.  43. 

This  is  the  correlative  of  section  37.  ante.  What 
the  protection  is  that  a  person  is  hereby  entitled 
to  is  indicated  in  the  declaration  of  riglits  of  tlie 
State  constitution.  The  Civil  Code,  sections  43-50, 
recites  certain  personal  rights  which  persons  can 
claim.  And  consult  the  fourteenth  amendment  to 
the  Constitution  of  the  Ignited  States.  Aliens* 
rights  with  respect  to  real  estate:  See  Civ.  Code, 
see.  671,  Const.  1879.  art.  I,  §  17;  and  to  their  pow- 
er to  take  by  succession:  See  Id.,  sec.  1404. 

§  55.  Allegiance  is  the  obligation  of  fidelity  and 
obedience  Avhich  every  citizen  owes  to  the  State. 


21  rolitical  Kights  and  Duties.      §§  56-58 

§  56.  Allegiance  may  be  reuonueed  by  a  change 
oi'  residence. 

Residence— rules  for  determining  place  of:  Sec. 
52. 

§  57.  Persons  iu  the  State  not  its  citizens  are 
eitlier: 

1.  Citizens  of  other  States;  or, 

2.  Aliens. 

Subdivision  1.  Citizens  of  other  States:  See 
sec.  60. 

Subdivision  2.  Aliens— resident,  control  of  prop- 
erty by:  Const.  Cal..  art.  1,  sec.  17;  non-resident, 
general  rights  and  unclaimed  realty  of,  see  under 
Esclieated  estates,  sec.  41  n.;  naturalization  of,  see 
under  Citizens  of  the  United  States,  note  to  subd. 
2,  sec.  51;  cliildren  of  transient,  etc.,  born  in  this 
State,  sec.  51,  subd.  1. 

Kights  of  citizens  of  other  States. — Section  1  of 
the  fourteentli  amendment  to  the  Constitution  of 
the  United  States  declares:  "AH  persons  born  or 
naturalized  in  tlie  United  States  and  subject  to 
the  jurisdiction  thereof,  are  citizens  of  the  United 
States,  and  of  the  State  Avherein  thej'  reside.  No 
State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of 
the  United  States;  nor  shall  any  State  deprive  any 
person  of  life,  liberty,  or  property  without  due  pro- 
cess of  law;  nor  deny  to  any  person  within  its  ju- 
risdiction the  eqiTal  protection  of  the  laws."  Sec- 
tion 2  of  article  4  of  the  same  instrument,  pro- 
vides: ''Tlie  citizens  of  each  State  shall  be  en- 
titled to  all  privileges  and  immunities  of  citizens 
in  the  several  States."  And  see  Const.  Cal.,  art.  1, 
sec.  13;  see  see.  59,  post. 

Aliens.—With  respect  to  the  rights  of  resident 
aliens,  see  ante,  sec.  54;  and  sees.  671,  1404,  Civ. 
Code;  also  Const.  1879,  art.  I,  §  17. 

§  58.  Every  elector  is  eligible  to  the  office  for 
wliich  he  is  an  elector,  except  where  otherwise 
specially  provided;  and  no  person  is  eligible  Avho  is 
not  sucli  an  elector,  except  when  otherwise  special- 
ly provided.  FAmendment  approved  March  10, 
1891;  Stats.  1891,  p.  29.] 

Qualilled  elector— who  is:   Sec.   1083. 

Ineligil)le  to  office — persons  who  are:  Sees.  841, 


§§  59,  GO      Political  Eights  and  Duties.  22 

842;  women  eligible  to  educational     offices,     see 
Stats.  1874,  p.  356. 
Elections:  See  sees.  1041,  post,  et  seq. 

§  59.  An  elector  has  no  rights  or  duties  beyond 
those  of  a  citizen  not  an  elector,  except  the  right 
and  duty  of  holding  and  electing  to  office. 

Electing  to  office:  See  post,  sees.  1041-1365. 

§  60.  A  citizen  of  the  United  States,  who  is  not 
a  citizen  of  this  State,  has  the  same  rights  and 
duties  as  a  citizen  of  this  State  not  an  elector. 


PAKT  II. 


OF  THE  CHIEF  POLITICAL  DIVISIONS,  THE 
SEAT  OF  GOVERNMENT,  AND  LEGAL 
DISTANCES  OF  THE  STATE. 


(23) 


PART  II. 

OF  THE  CHIEF  POLITICAL  DIVISIONS,  THE  SEAT  OF  GOV- 
ERNMENT, AND  LEGAL  DISTANCES  OF  THE  STATE. 

TITLE  I. 

CHIEF   POLITICAL   DIVISIONS    OF   THE    STATE. 

Chapter  I.    Counties. 

II.    Senatorial  Districts. 

III.  Congressional  Districts. 

IV.  Judicial  Districts. 

CHAPTER  I. 
DIVISION  OF  STATE  INTO  COUNTIES. 

§  75.  The  State  is  divided  into  counties;  the 
names,  boundaries  and  territorial  subdivisions 
thereof  are  as  declared  in  Part  IV  of  this  Code. 

See  sec.  3901,  post. 

CHAPTER  II. 

SENATORIAL     DISTRICTS. 

§§  78  to  106  Avere  superseded  by  an  act  entitled: 
"An  Act  to  detine  the  Senatorial  and  Assembly 
Districts  of  this  State,  and  to  apportion  the  repre- 
sentation thereof." 

Act  defining  Senate  and  Assembly  districts:  See 
act  approved  iMarch  11.  1891,  Statutes  1891,  p.  71. 

CHAPTER  III. 
CONGRESSIONAL      DISTRICTS. 

§  117  was  superseded  by  act  entitled  "An\Act  to 
divide  the  State  into  Congressional  Districts." 

See    act    dividing    Concrressioual    districts,    ap- 
oved  March  11,  1891,  Statutes  1891,  p.  84. 
24 


25  .Tutlicial  Districts.  §  145 

CHAPTER  IV. 

JUDICIAL     DISTRICTS. 

Chapter  Four  of  Title  One,  Part  Two,  of  tlie 
Political  Code,  and  all  other  laws  and  parts 
of  laws  creating  .iudicial  districts  in  this 
State,  defining  boundaries  thereof,  or  providing 
terms  of  courts  therein,  are  hereby  repealed.  [In 
effect  February  13,  1880;  Stats.  1880,  p.  1, 

Ptepealed  Chapter— comprised  sees.  125-142;  re- 
peal conformed  to  Const.  Cal.,  1879,  art.  22,  sec.  3. 

TITLE  II. 

SEAT  OF  GOVERNMENT. 
I  145.    Located  at  Sacramento. 

§  145.  The  seat  of  government  of  this  State  is 
at  the  city  of  Sacramento. 

Seat  of  government— Sacramento  declared  to  be: 
See  Const.  Cal.,  art.  20,  sec.  1.  Act  prohibiting 
saie  of  liquors  in  State  Capitol  buildings:  Stats. 
1880,  p.  273  or  80.  Employees  of  Capitol  grounds: 
Stats.  1880,  p.  346  or  107. 
Pol.rtJ©^^ 

i  A  " 


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Legal  Distances  iu  the  State.  26 

TITLE  III. 

LEGAL     DISTANCES     IN     THE      STATE. 

Title  III.,  Part  II.,  is  hereby  amended  so  as  to 

read  as  follows:     [Approved  and  in  effect  April  3, 
1876;  Amendments  1875-6,  p.  3.] 

§  150.  Legal    distances. 

§  151.  From   Alameda   county   seat. 

§  152.  From    Alpine   county   seat. 

§  153.  From  Amador  county  seat. 

§  154.  From   Butte   county   seat. 

§  155.  From  Calaveras  county  seat. 

§  156.  From    Colusa   county   seat. 

§  157.  From    Contra    Costa    county   seat. 

§  158.  From  Del   Norte  county  seat. 

§  159.  From   El   Dorado   county   seat. 

§  160.  From   Fresno   county  seat. 

§  161.  From    Humboldt   county    seat. 

§  162.  From    Inyo    county    seat. 

§  163.  From  Kern  county  seat. 

§  164.  From  Lake  county  seat. 

§  165.  From   Lassen   county   seat. 

§  166.  From  Los  Angeles  county  seat. 

g  167.  From   Marin   county   seat. 

I  168.  From    Mariposa   county   seat. 

§  169.  From   Mendocino   county   seat. 

§  170.  From  Merced  county  seat. 

§  171.  From   Modoc   county   seat. 

§  172.  From    Mono    county    seat. 

§  173.  From  Monterey  county  seat. 

§  174.  From   Napa  county  seat. 

§  175.  From   Nevada   county   seat. 

§  176.  From  Placer  county  seat. . 

§  177.  From   Plumas  county  seat. 

S  178.  From  Sacramento  county  seat. 

§  179.  From    San    Benito   county   seat. 

§  180.  From   San   Bernardino  county  seat. 

§  181.  From  San  Diego  county  seat. 

§  182.  From    San    Francisco    county    seat. 

S  183.  From  San  Joaquin  county  seat. 

§  184.  From  San  Luis  Obispo  county  seat. 

§  185.  From  San   Mateo  county  seat. 

§  186.  From    Santa    Barbara    county   seat. 

§  187.  From  Santa  Clara  county  seat. 

§  18?.  From   Santa   Cruz   county  seat. 

{  189.  From  Shasta  county  seat. 

[  190.  From    Sierra   county   seat. 

<{  191.  From   Siskiyou   county   seat. 


27  Legal  Distances  Id  the  State.  §§  150-156 

§  192.  Prom    Solano   county   seat. 

§  193.  'From  Sonoma  county  seat. 

§  194.  From   Stanislaus  county  seat. 

§  195.  From  Sutter  county  seat. 

§  196.  From  Tehama  county  seat. 

§  197.  From  Trinity  county  seat. 

§  198.  From  Tulare  county  seat. 

§  199.  From  Tuolumne  county  seat. 

§  200.  From   Ventura  county  seat. 

§  201.  From  Yolo  county  seat. 

§  202.  From  Yuba  county  seat. 

§  203.  Mileage,   how   computed. 

§  150.    The  legal  distances  in  this     State     are 
fixed  as  follows: 
Legal  distances— basis  of  mileage:  Sec.  203. 

§  151.  From  the  county  seat  of  Alameda  county 
to  Sacramento,  ninety-one  (91)  miles;  to  Napa,  for- 
ty-six (46)  miles;  to  Stoclvtou,  eighty-five  (85) 
miles;  to  San  Quentin,  nineteen  (19)  miles. 

§  152.  From  the  county  seat  of  Alpine  county 
to  Sacramento,  two  hundred  and  twenty-five  (225) 
miles;  to  Napa,  two  hundred  and  eighty-six  (286) 
miles;  to  Stockton,  two  hundred  and  seventy- 
three  (273)  miles;  to  San  Quentin,  three  hundred 
and  twenty-one  (321)  miles. 

§  153.  From  the  county  seat  of  Amador  county 
to  Sacramento,  fifty-nine  (59)  miles;  to  Napa,  one 
hundred  and  ten  illO)  miles;  to  Stoclvton,  fifty- 
.seven  (57)  miles;  to  San  Quentin,  one  hundred  and 
forty-five  (145)  miles. 

§  154.  From  the  county  seat  of  Butte  county  to 
Sacramento,  seventy-eight  (78)  miles;  to  Napa,  one 
hundred  and  thirty-nine  (139)  miles;  to  Stoclitou, 
one  hundred  and  twenty-six  (126)  miles;  to  San 
Quentin,  one  hundred  and  seventy-four  (174)  miles. 

§  155.  From  the  county  seat  of  Calaveras  coun- 
ty to  Sacramento,  seventy-three  (73)  miles;  to 
Napa,  one  hundred  and  thirty-four  (134)  miles; 
to  Stocliton.  sixty  (60)  miles;  to  San  Quentin,  one 
hundred  and  sixty-four  (164)  miles. 

§  156.  From  the  county  .seat  of  Colusa  county 
to   Sacramento,   eighty    (SO)    miles;   to   Napa,    one 


§§  157-163  Legal  Distances  in  the  State.  28 

hundred  and  forty-one  (141)  miles;  to  Stockton,  one 
hundred  and  twenty-eight  (128)  miles;  to  San 
Quentin,  one  hundred  and  seventy-si^  (176)  miles. 

§  157.  From  the  county  seat  of  Contra  Costa 
county  to  Sacramento,  eighty-nine  (89)  miles;  to 
Napa,  twenty-seven  (27)  miles;  to  Stockton,  one 
hundred  and  twenty-one  (121)  miles;  to  San  Quen- 
tin, forty-one  (41)  miles.  [Amendment  approved 
March  14.  1878;  Amendments  1877-8,  p.  1.  In  ef- 
fect March  14,  1878.] 

§  158.  From  the  county  seat  of  Del  Norte  coun- 
ty to  Sacramento,  three  hundred  and  sixty-four 
(.3(54)  miles;  to  Napa,  three  hundred  and  nineteen 
(319)  miles;  to  Stockton,  three  hundred  and  seven- 
ty-two (372)  miles;  to  San  Quentin,  two  hundred 
and  ninety-two  (292)  miles. 

§  159.  Fi'om  the  county  seat  of  El  Dorado 
county  to  Sacramento,  sixty-one  (61)  miles;  to 
Napa,  one  hundred  and  twenty -two  (122)  miles;  to 
Stockton,  one  hundred  and  nine  (109)  miles;  to  San 
Quentin,  one  hundred  and  fifty-seven  (157)  miles. 

§  160.  From  the  county  seat  of  Fresno  county 
to  Sacramento,  one  hundred  and  sixty-nine  (169) 
miles;  to  Napa,  two  hundred  and  thirty  (230) 
miles;  to  Stockton,  one  hundred  and  thirteen  (113) 
miles;  to  San  Quentin.  two  hundred  and  seven  (207) 
miles. 

§  161.  From  the  county  seat  of  Humboldt  coun- 
ty to  Sacramento,  three  hundred  and  twelve  i312) 
miles;  to  Napa,  tAvo  hundred  and  sixty-seven  (2G7i 
miles;  to  Stockton,  three  hundred  and  twenty  (320) 
miles;  to  San  Quentin.  two  hundred  and  forty  (240) 
miles. 

§  162.  From  the  county  seat  of  Inyo  countv  to 
Sacramento,  four  hundred  and  seventy-one  (471) 
miles;  to  Napa,  five  hundred  and  thirty-two  (.532) 
miles;  to  Stockton,  four  hundred  and  twenty-three 
(423)  miles;  to  San  Quentin,  five  hundred  and  eighi 
(508)  miles. 

§  163.  From  the  county  seat  of  Kern  county  to 
Sacramento,  two  hundred  aud  seventy-eight  (278) 


1".)  Legal  Distances  in  tlie  State.  §§  164-170 

miles;  to  Napa,  three  hundred  and  thirty-nine  (339) 
miles;  to  Stockton,  two  hundred  and  thirty  (230) 
miles;  to  San  Queutin,  three  hundred  and  fifteen 
(315)  miles. 

§  164.  From  the  county  seat  of  Lake  coimty  to 
Sacramento,  two  hundred  and  four  (204)  miles;  to 
Napa,  one  hundred  and  fifty-nine  (159)  miles;  to 
Stockton,  two  hiindred  and  twelve  (212)  miles;  to 
San  Quentin,  one  hundred  and  tliirty-two  (132) 
miles. 

§  165.  From  the  county  seat  of  Lassen  County 
to  Sacramento,  one  hundred  and  eighty-three  (183) 
miles;  to  Napa,  two  hundred  and  forty-four  (244) 
miles;  to  Stockton,  two  hundred  and'  thirty-one 
(231)  miles;  to  San  Quentin,  two  hundred  and  sev- 
enty-nine (279)  miles. 

§  166.  From  the  county  seat  of  Los  Angeles 
County  to  Sacramento,  four  hundred  and  seventy- 
eight  (478)  miles;  to  Napa,  four  hundred  and  thh- 
ty-three  (433)  miles;  to  Stockton,  four  hundred  and 
eighty-six  (486)  miles;  to  San  Quentin,  four  hun- 
dred and  six  (406)  miles. 

§  167.  From  the  county  seat  of  Marin  county 
to  Sacramento,  ninety-six  (96)  miles;  to  Napa,  fifty- 
one  (51)  miles;  to  Stockton,  one  hundred  and  four 
(104)  miles;  to  San  Quentin,  three  (3)  miles. 

§  168.  From  the  county  seat  of  Mariposa  coun- 
ty to  Sacramento,  one  hundred  and  fifty-six  (156) 
miles;  to  Napa,  two  hundred  and  seventeen  (217) 
miles;  to  Stockton,  one  hundred  and  nine  (109) 
miles;  to  San  Quentin,  one  hundred  and  ninety- 
three  (193)  miles. 

§  169.  From  the  county  seat  of  Mendocino 
county  to  Sacramento,  two  hundred  and  five  (205) 
miles;  to  Napa,  one  hundred  (100)  miles;  to  Stock- 
ton, two  hundred  and  thirteen  (21.3)  miles;  to  San 
Quentin,  one  hundred  and  thirty-three  (133)  miles. 

§  170.  From  the  county  seat  of  Merged  county 
to  Sacramento,  one  hundred  and  fourteen  (114) 
miles;  to  Napa,  one  hundred  and  seventy-five  (175) 


§§  171-178  Legal  Distances  in  tlie  State.  30 

miles;  to   Stockton,   sixty-six     (66)  miles;  to  San 
Quentin,  one  hundred  and  fifty-two  (.152)  miles. 

§  171.  From  the  coxmty  seat  of  Modoc  county 
to  Sacramento,  three  Inmdred  and  seventy-nine 
(379)  miles;  to  Napa,  lour  hundred  and  forty 
(440)  miles;  to  Stockton,  four  hundred  and  twenty- 
seven  (427.)  miles;  to  San  Quentin,  four  hundred 
and  seventy -five  (475)  miles. 

§  172.  From  the  county  seat  of  Mono  county  to 
Sacramento,  two  hundred  and  ninety-six  (296) 
miles;  to  Napa,  three  hundred  and  fifty-seven  (357j 
miles;  to  Stockton,  three  hundred  and  forty-four 
(344)  miles';  to  San  Quentin,  three  hundred  and 
ninety-two  (392)  miles. 

§  173.  From  the  county  seat  of  Monterey  coun- 
ty to  Sacramento,  one  hundred  and  ninety-six  (196) 
miles;  to  Napa,  one  hundred  and  fifty-seven  (157) 
miles;  to  Stockton,  one  hundred  and  forty-eight 
(148)  miles;  to  San  Quentin,  one  hundred  and  thir- 
ty (130)  miles. 

§  174.  From  the  county  seat  of  Napa  county  to 
Sacramento,  sixty-one  (61)  miles;  to  Stockton, 
eighty-seven  (87)  miles;  to  San  Quentin,  fifty-one 
(51)  miles. 

§  175.  From  the  county  seat  of  Nevada  county 
to  Sacramento,  seventy-one  (71)  miles;  to  Napa,  one 
hundred  and  thirty-two  (132)  miles;  to  Stockton, 
one  hundred  and  nineteen  (119)  miles;  to  San 
Quentin,  one  hundred  and  sixty-seven  (167)  miles. 

§  176.  From  the  county  seat  of  Placer  county 
to  Sacramento,  thirty-seven  (37)  miles;  to  Napa, 
ninety-eight  (98)  miles;  to  Stockton,  eighty-five 
(85)  miles;  to  San  Quentin,  one  hundred  and  thirty- 
three  (133)  miles. 

§  177.  From  the  county  seat  of  Plumas  county 
to  Sacramento,  one  hundred  and  thirty-six  (136) 
miles;  to  Napa,  one  hundred  and  ninety-seven  (197) 
miles;  to  Stockton,  one  hundred  and  eighty-four 
(184)  miles:  to  San  Quentin,  two  hundred  ami 
thirty-two  (232)  miles. 

§  178.  From  the  county  seat  of  Sacramento 
county  to  Napa,  sixty-one  (01)  miles;  to  Stockton, 
forty-eight  (48)  miles;  to  San  Quentin,  ninety-six 
(9(t)  miles. 


31  Legal  Distances  in  the  State.  §§  179-186 

§  179.  From  tlie  county  seat  of  San  Benito 
county  to  Sacramento,  one  hundred  and  seventy- 
three  (173)  miles;  to  Napa,  one  hundred  and  thirty- 
four  (134)  miles;  to  Stoclvton,  one  hundred  and 
twenty-five  (125)  miles;  to  San  Quentin,  one  hun- 
dred and  seven  (107)  miles. 

§  180.  From  the  county  seat  of  San  Bernardino 
county  to  Sacramento,  live  hundred  and  eighty- 
eight  (588)  miles;  to  Napa,  five  hundred  and  forty- 
three  (543)  miles;  to  Stockton,  five  hundred  and 
thirty  (530)  miles;  to  San  Quentin,  five  hundred 
and  sixteen  (516)  miles. 

§  181.  From  the  county  seat  of  San  Diego  coun- 
ty to  Sacramento,  five  hundred  and  sixty-six  (566) 
miles;  to  Napa,  five  hundred  and  twenty-one  (521) 
miles;  to  Stockton,  five  hundred  and  seventy -four 
(574)  miles;  to  San  Quentin,  four  hundred  and 
ninety-four  (494)  miles.  [Amendment  approved 
March  27,  1878;  Amendments  1877-8,  p.  1.  In  ef- 
fect March  27,  1878.] 

§  182.  From  the  county  seat  of  San  Francisco 
county  to  Sacramento,  eighty-four  (84)  miles;  to 
Napa,  thirty-nine  (39)  miles;  to  Stockton,  ninety- 
two  (92)  miles;  to  San  Quentin,  twelve  (12)  miles. 

§  183.  From  the  county  seat  of  San  Joaquin 
county  to  Sacramento,  forty-eight  (48)  miles;  to 
Napa,  eighty-seven  (87)  miles;  to  San  Quentin,  one 
hundred  and  four  (104)  miles. 

§  184.  From  the  county  seat  of  San  Luis  Obispo 
county  to  Sacramento,  two  hundred  and  ninety- 
three  (293)  miles;  to  Napa,  two  hundred  and  forty- 
eight  (248)  miles;  to  Stockton,  two  hundred  and 
eighty-seven  (287)  miles;  to  San  Quentin,  two  hun- 
dred and  twenty-one  (221)  miles. 

§  185.  From  the  county  seat  of  San  Mateo 
coimty  to  Sacramento,  one  hundred  and  five  (105) 
miles;  to  Napa,  sixty  (60)  miles;  to  Stockton,  one 
hundred  and  thirteen  (113)  miles;  to  San  Quentin 
thirty-three  (.33)  miles. 

§  186.  From  the  county  seat  of  Santa  Barbara 
county  to  Sacramento,  three  hundred  and  sixty- 
nine  (369)  miles;  to  Napa,  three  hundred  and  twen- 
ty-four (324)  miles;  to  Stockton,  three  hundred  and 
.seventy-seven  (377)  miles;  to  San  Quentin,  two 
hundred  and  ninetj'-seven  (297)  miles. 


§§  187-194  Legal  Distances  in  the  State.  32 

§  187.  From  the  county  seat  of  Santa  Clara 
county  to  Sacramento,  one  hundred  and  twenty- 
eight  (128)  miles:  to  Napa,  eighty-nine  (89)  miles; 
to  Stocliton,  eighty  (SO)  miles;  to  San  Quentiu, 
sixty-two  (62)  miles. 

§  188.  From  the  county  seat  of  Santa  Cruz 
county  to  Sacramento,  two  hundred  and  five  (205) 
miles;  to  Xapa,  one  hundred  and  sixty  (160^  miles, 
to  Stockton,  one  hundred  and  fifty-one  (151)  miles; 
to  San  Quentin,  one  hundred  and  thirty-three  (133) 
miles. 

§  189.  From  the  county  seat  of  Shasta  county 
to  Sacramento,  one  hundred  and  seventy-seven 
(177)  miles;  to  Xapa.  two  hundred  and  thirty-eight 
(238)  miles;  to  Stockton,  two  liundred  and  twenty- 
five  (225)  miles;  to  San  Queutin,  two  hundred  and 
seventy-three  (273)  miles. 

§  190.  Fi-om  the  county  seat  of  Sierra  county 
to  Sacramento,  one  hundred  and  nineteen  (119) 
miles;  to  Napa,  one  hundi'ed  and  seventy  (170) 
miles;  to  Stockton,  one  hundred  and  sixty-seven 
(167)  miles;  to  San  Quentin,  two  hundred  and  fif- 
teen (215)  miles. 

§  191.  From  the  county  seat  of  Siskiyou  coun- 
ty to  Sacramento,  two  hundred  and  eighty-five 
(285)  miles;  to  Napa,  three  hundred  and  foi*ty-six 
(346)  miles;  to  Stockton,  three  liundred  and  thirty- 
three  (333)  miles;  to  San  Quentin.  three  hundred 
and  seventy-one  (371)  miles. 

§  192.  From  the  county  seat  of  Solano  county 
to  Sacramento,  forty  (40)  miles;  to  Napa,  twenty- 
one  (21)  miles;  to  Stockton,  eighty-eight  (88)  mile's; 
to  San  Quentin,  fifty-six  (56)  miles. 

§  193.  From  the  county  seat  of  Sonoma  county 
to  Sacramento,  one  htmdred  and  forty-one  (141) 
miles;  to  Napa,  thirty-five  (35)  miles:  to  Stockton, 
one  hundred  and  forty-nine  (149)  miles;  to  San 
Quentin.  sixty-nine  (69)'  miles. 

§  194.  From  the  county  seat  of  Stanislaus  coun- 
ty to  Sacramento,  seventy-seven  (77)  miles:  to 
Napa,  one  hundred  and  thirty-eight  (138)  miles;  to 


33  Legal  Distances  in  the  State.  §§  195-201 

Stockton,  thirty  (30)  miles;  to  San  Quentin,  one 
hundred  and  fourteen  (114)  miles. 

§  195.  From  the  county  seat  of  Sutter  county 
to  Sacramento,  fifty  (50)  miles;  to  Napa,  one  hun- 
dred and  eleven  (111)  miles;  to  Stockton,  ninety- 
eight  (98)  miles;  to  San  Quentin,  one  hundred  and 
forty-six  Q46)  miles. 

§  196.  From  the  county  seat  of  Tehama  coun 
ty  to  Sacramento,  one  hundred  and  thirty-five  (135) 
miles;  to  Napa,  one  hundred  and  ninety-six  (19G) 
miles;  to  Stockton,  one  hundred  and  eighty-three 
(183)  miles;  to  San  Quentin,  two  hundred  and 
thirty-one  (231)  miles. 

§  197.  P'rom  the  county  seat  of  Trinity  county 
to  Sacramento,  two  hundred  and  seventeen  (217) 
miles;  to  Napa,  two  hundred  and  seventy-eight 
(278)  miles;  to  Stockton,  two  hundred  and  sixty- 
five  (265j  miles;  to  San  Quentin  three  hundred  and 
thirteen   (313)   miles. 

§  198.  From  the  county  seat  of  Tulare  county 
to  Sacramento,  two  hundred  and  eleven  (211) 
miles;  to  Napa,  two  hundred  and  seventy -two 
(272)  miles;  to  Stockton,  one  hundred  and  sixty- 
tliree  (163)  miles;  to  San  Quentin,  two  hundred  and 
forty-nine  (249)  miles. 

§  199.  From  the  county  seat  of  Tuolumne  coun- 
ty to  Sacramento,  one  hundred  (100)  miles;  to 
Napa,  one  hundred  and  sixty-one  (161)  miles;  to 
Stoclcton,  sixty-six  (66)  miles;  to  San  Quentin,  one 
hundred  and  sixty-six  (166)  miles.  [Amendment 
approved  February  15,  1878;  Amendments  1877-8, 
p.  2.    In  effect  in  sixty  days.] 

§  200.  From  the  county  seat  of  Ventura  coun- 
ty to  Sacramento,  three  hundred  and  ninety-two 
(392)  miles;  to  Napa,  three  hundred  and  forty- 
seven  (347)  miles;  to  Stockton,  four  hundred  (400) 
miles;  to  San  Quentin,  three  hundred  and  twenty 
(320)  miles. 

§  201.  From  the  county  seat  of  Yolo  county  to 
Sacramento,  twenty  (20)  miles;  to  Napa,  forty-one 
(41)  miles;  to  Stockton,  sixty-eight  (68)  mile's;  to 
San  Quentin,  ninety-two  (92)  miles. 


§§  202,  203  Legal  Distances  in  the  State.  34 

§  202.  From  the  county  seat  of  Yuba  county  to 
Sacramento,  filty-two  (52)  miles;  to  Xapa,  one  liun- 
dred  and  thirteen  (113)  miles;  to  Stockton,  one  hun- 
dred (100)  miles;  to  San  Quentin,  one  hundred  and 
forty-six  (146)  miles. 

§  203.  When  mileage  is  allowed  by  law  to  any 
person,  the  distance  must  be  computed  as  herein 
fixed. 

[This  Title,  sees.  150-203,  inclusive,  was  amended 
and  in  effect  April  3,  1876;  Amendments  1875-6,  p. 
3;  repealed  conflicting  acts.] 

The  original  title  was  founded  upon  the  follow- 
ing statutes:  1858,  p.  256;  1861,  p.  39;  1864,  pp.  306, 
154,  476;  1868,  pp.  562,  563. 

Mileage  allowed  members  legislature:  See  post, 
sec.  266. 

Same  as  to  lieutenant  governor:  See  post,  see. 
397. 

Mileage  allowed  other  officers:    Sees.  3793-3876. 

Mile,  length  of,  sec.  212. 


PAKT  III. 

OF  THE  GOVERNMENT  OF  THE  STATE. 

C35) 


PART  III. 

OF  THE  GOVERNMENT  OF  THE  STATE. 

Title  I.    Ptiblic  Officers. 

II.  Elections. 

III.  Education. 
lY.    Militia. 

V.  Public  Institutions. 

YI.  Public  Ways. 

YII.  General  Police  of  the  State. 

YIII.  Property  of  the  State. 

IX.  Eeveuue  of  the  State. 

TITLE  I. 

PUBLIC     OFFICERS. 

Chapter  I.    Classification  of  Public  Officers. 
II.    Legislative  Officers. 
III.    Executive  Officers. 
lY.    .Judicial  Offi-cers. 

V.    Salaries  of  Judicial  Officers. 
YI.    Ministerial  and  other  Officers  connect- 
ed with  the  Courts. 
YII.    General  Provisions  Relative  to  Differ- 
ent Classes  of  Officers. 
(36) 


37  Classification  of  Public  Officers.         §  220 

CHAPTER  I. 

CLASSIFICATION     OP    PUBLIC     OFFICERS. 
§  220.    Classification  of  public   officers. 

§  220.  The  public  officers  of  this  State  are  class- 
ified as  follows: 

1.  Legislative; 

2.  Executive; 

3.  Judicial; 

4.  Ministerial  officers  and  officers  of  the  courts, 
—But  this  classification  is  not  to  be  construed  as 
defining  the  legal  powers  of  either  class. 

How  officers  ex-officio  should  sign:  Sec.  1031, 
.post. 

Public  Officers— presumptions  in  favor  of;  regu- 
lar appointment  presumed:  See  Code  Civ.  Proc, 
sec.  1963,  subd.  14.  Regular  performance  of  offi- 
cial duty  and  exercise  of  judicial  powers,  presum- 
ed. Code  Civ.  Proc.  sec.  1963,  subds.  15,  16. 

Subdivision  1.    Legislative  officers— Sees.  225-337. 

Subdivision  2.    Executive  officers,  sees.  341-715. 

Subdivision  3.    Judicial  officers,  sees.  726-739. 

Subdivision  4.    Ministerial  officers,  sees.  749-817. 

Officers  of  the  Court— Se'e  sees.  827-831. 

General  provisions— relating  to  different  classes 
of  officers,  sees.  841-1032. 

Distribution  of  powers- between  the  three  gov- 
ernmental departments  of  the  State:  See  Const. 
<'al.,  art.  3,  sec.  1. 

Pol.  Code— 4. 


§  22o  Legislative  Officers.  38 

CHAPTER  II. 

LEGISLATIVE     OFFICERS. 

Article  I.    Designation,   Term  of     Office     and     Election     of 
Members. 
II.    Meeting  and   Organization   of   the   Legislature. 

III.  Number,    Designation,    Election      and     Appoint- 

ment  of    Officers   and    Employees   of   the   Leg- 
islature. 

IV.  Powers    and    Duties   of    Officers    and    Employees 

of  the  Legislature. 
V.    Compensation    of   Members,    Officers     and     Em- 
ployees of  the  Legislature. 
VI.    Contesting   Elections   for   Members   of   the    Leg- 
islature. 
VII.     Contesting   Elections   for   Governor   or    Lieuten- 
ant Governor. 
VIII.    Attendance    and   Examination   of   Witnesses    be-' 
fore   the   Legislature   and   Committees   thereof. 
IX.    Enactment  of  Statutes. 
X.    Promulgation   of   Statutes. 
XI.    Operation  of  Statutes. 
XII.    Public    Reports. 

ARTICLE  I. 

NUMBER,     DESIGNATION^     TERM     OF     OFFICE     AND 
ELECTION   OF   MEMBERS    OF   THE    LEGISLATURE. 

§  225.  Number  and  designation. 

§  226.  Term    of    office. 

§  227.  Election  of  Senators. 

§  228.  Same. 

§  229.  Election  of  members  of  the  Assembly. 

§  230.  Apportionment   of   members   of   the   Assembly. 

§  225.    The  Legislature  consists  of: 

1.  Forty  Senators;  and, 

2.  Eighty  members  of  the  Assembly. 

Legislature — of  the  State  of  California,  legisla- 
tive power  vested  in,  Const.  Cal.,  art.  4,  sec.  1. 
Number  of  members.  Const.  Cal.,  art.  4,  sec.  5.. 

Evidence  of  passage  of  an  act.— If  an  act  is 
properly  enrolled  and  authenticated,  and  is  depos- 
ited with  the  Secretary  of  State,  it  is  conclusive 
evidence  of  the  legislative  will  at  the  time  of  its 
passage,  and  the  courts  will  not  loolc  into  the  jour- 
nals of  the  legislature  to  see  whether  or  how  the 


39  Legislature.  §§  226-236 

bill  was  passed:     See  the  provisions  in  Code  Civ, 
Proc,  sec.  1900. 

Witnesses— povp-er  of  legislature  over,  sees.  300- 
304. 

§  226.  The  term  of  office  of  a  Senator  is  four 
years;  of  a  member  of  the  Assembly,  two  years. 

Term  of  office— of  members  of  Legislature,  Const. 
Cal.,  art.  4,  sees.  3-5. 

§§  227-230.  Sections  227  to  230,  inclusive,  are 
superseded  by  sections  30-32  of  act  of  March  16, 
1874,  amendments  1873-4,  p.  366. 


ARTICLE  II. 

MEETING  AND     ORGANIZATION     OP     THE     LEGISLA- 
TURE. 

§  235.  Time  and  place  of  meeting. 

§  236.  Certificate  of  election,  evidence  of  right  to  seat. 

§  237.  Officers  who  hold  until  successors  are  elected. 

§  238.  Senate,   organization  of. 

§  23P.  AssemlDly,    organization   of. 

§  240.  Oath  to  be  entered  on  journals. 

§  235.  The  Legislature  shall  assemble  at  the 
seat  of  government  at  twelve  o'clock  M.  on  the 
first  Monday  after  the  first  day  of  January,  eigh- 
teen hundred  and  eighty-one,  and  on  the  first  Mon- 
day after  the  first  day  of  January  every  two  years 
thereafter.  [Amendment  approved  April  9,  1880; 
Amendments  1880,  p.  48.    In  effect  in  sixty  days.] 

Sessions  of  the  Legi.slature— Const.  Cal.,  art.  4, 
sec.  2. 

§  236.  The  certificate  of  election  is  prima  facie 
evidence  "of  the  right  to  membership.  [Amend- 
ment approved  Mnrch  30,  1874;  Amendments 
1S73-4.  p.  3.    In  effect  .Tuly  6.  1874.] 

Qualifications  of  members— each  House  the  judge 
of:  Const.  Cal..  nrt.  4,  sec.  7. 

Contestlns  elections— for  members  of  the  Legisla- 
ture, sees.  273-283. 


§§  237-239  Legislature.  40 

§  237'.  The  Secretary  of  the  Senate,  and  the 
Clerk  of  the  Assembly,  the  minute  clerks,  and 
sergeant-at-arms  of  each  house,  for  any  session, 
must,  at  the  next  succeeding  session  of  the  body, 
perform  the  duties  of  their  offices,  until  their 
successors  are  elected  and  qualified.  Said  officers, 
and  no  others,  shall  be  allowed  mileage.  The  sec- 
retary of  the  Senate  may  appoint  a  postmaster, 
tlu-ee  gatekeepers,  and  three  pages.  The  Chief 
Clerk  of  the  Assembly  may  appoint  a  postmaster, 
three  gatekeepers,  and  three  pages.  The  sergeant- 
at-arms  of  the  Senate  and  of  the  Assembly  may 
each  appoint  an  assistant  sergeant-at-arms.  There 
shall  be  no  other  officers  or  employees  of  either 
house  until  the  permanent  organization  is  com- 
pleted. Such  officers  shall  serve  only  until  said 
permanent  organization  is  completed.  [Amend- 
ment approved  February  25,  1897;  Amendments 
1897,  c.  xxvii.] 

§  238.  At  the  hour  of  twelve  o'clock  M.  on  tiie 
day  appointed  for  the  meeting  of  any  regular  ses- 
sion of  the  Legislature,  the  President  of  the  Sen- 
ate, or  in  case  of  his  absence  or  inability,  then  th;; 
senior  member  present,  must  take  the  chair,  call 
the  members  and  members-elect  to  order,  and  then 
cause  the  Secretary  to  call  over  the  Senatorial  dis- 
tricts, in  their  order,  from  which  members  have 
been  elected  at  the  preceding  election,  and  as  the 
same  are  called  the  members  elect  must  present 
their  certificates,  take  the  constitutional  oath  of 
office,  and  assume  their  seats.  The  Senate  may 
thereupon,  if  a  quorum  is  present,  proceed  to  elect 
its  officers. 

Oath— As  to  the  form  of  the  oath,  see  article  20, 
section  3,  Constitution  of  California;  and  with  re- 
gard to  the  time  when  members  of  the  legislature 
may  take  the  oath,  see  section  906,  post. 

Quorum:    See  Const.  Cal.,  -art.  4,  sec.  8. 

§  239.  At  the  time  specified  in  section  two  hun- 
dred and  thirty-eight  the  Clerk  of  the  Assembly, 
or  in  case  of  his  absence  or  inability,  then  the  sen- 


41  Legislature.  §§  240,  245 

ior  member  elect  present,  must  take  the  chair, 
call  the  members  elect  to  order,  and  then  call  over 
the  I'oll  of  counties  in  alphabetical  order;  and  as 
the  same  are  called  the  members  elect  must  pre- 
sent their  certificates,  talie  the  constitutional  oaih 
of  ofiiee,  and  assume  their  seats.  The  Asscuiblj 
may  thereupon,  if  a  quorum  is  present,  proceed  to 
elect  its  officers. 

§  240.  An  entry  of  the  oath  taken  by  members 
of  the  Legislature  must  be  made  on  the  Journals 
of  the  proper  House. 

Basis  of  section— Stats.  1863,  pp.  386,  388. 

Journal— kept  by  each  House,  Const.  Cal.,  art, 
4,  sec.  10;  post,  sees.  256,  257. 


ARTICLE  III. 

NUMBER,  DESIGNATION,  ELECTION  AND  APPOINT- 
MENT OF  OFFICERS  AND  EMPLOYEES  OF  THE 
LEGISLATURE. 

§  245.  Officers   of   the   Senate. 

§  246.  Officers  of  the  Assembly. 

§  247.  How    elected. 

§  248.  Assistant  clerks. 

§  249.  How    paid. 

§  245.  The  officers  and  employees  of  the  Sen- 
ate shall  consist  of  a  president,  a  president  pro 
tem.,  a  secretary,  three  assistant  secretaries  (who 
shall  be  appointed  by  the  secretary,  by  and  with 
the  advice  and  consent  of  the  Senate),  one  ser- 
geaut-at-arms,  one  assistant  sergeant-at-arms,  one 
bookkeeper  for  the  sergeant-at-arms  (who  shall  be 
appointed  by  the  sergeant-at-arms,  by  and  with 
the  advice  and  consent  of  the  Senate),  one  minute 
clerk,  two  assistant  minute  clerks,  one  journal 
clerk,  one  assistant  journal  clerk,  one  engrossing 
and  enrolling  clerk,  one  assistant  engrossing  and 
enrolling  clerk  (to  be  elected  at  the  same  time  and 
in  the  same  manner  as  the  engrossing  and  enroll- 
ing clerk  is  elected),  and  two  assistant  engrossing 


§  246  Legislature.  42 

and  enrolling  clerks  (to  be  elected  on  the  thirtierli 
day  of  the  session),  two  bill  filers,  a  chaplain,  one 
postmaster,  one  assistant  postmaster,  one  mail 
carrier  (who  shall  be  mailing  and  folding  cleric), 
one  page  to  the  president  of  the  Senate,  foue 
pages,  three  gatekeepers,  one  doorkeeper,  one  gal- 
lery doorkeeper,  one  messenger  to  the  State  Print- 
er, one  history  clerk,  one  bill  clerk,  one  assistant 
bill  clerk,  fifteen  committee  clerks  (to  be  assigned 
to  committees  actually  requiring  the  use  of  a 
clerk),  five  skilled  stenographers  (who  shall  be 
typewriters,  and  who  shall  be  at  the  service  of 
the  Senate,  its  members,  and  its  committees,  and 
under  tlie  supervision  of  the  Secretary  of  the  Sen- 
ate); and  no  other  officers,  employees,  or  attaches, 
excepting  that  the  Secretary  may  employ  at  any 
time  temporal*}'  employees,  with  the  consent  of 
four-fifths  of  the  members  elected  to  the  Senate. 
[Amendment  approved  February  25,  1897;  Amend- 
ments 1S9T,  c.  xxvii.] 

Also  amended  in  1891;  Stats.  1891,  p.  1. 

The  original  sections  245  and  246  were  based  on 
Stats.  1861,  592. 

§  246.  The  officers  and  employees  of  the  As 
sembly  shall  consist  of  a  speaker,  a  speaker  piv? 
tem.,  one  cliief  clerk,  three  assistant  clerks  (who 
shall  be  appointed  by  the  chief  clerk,  by  and  with 
the  advice  and  consent  of  the  Assembly),  onfe  ser- 
geant-at-arms,  one  assistant  sergeant-at-arms,  one 
boolvlveeper  to  the  sergeant-at-arms  (who  shall  be 
appointed  by  the  sergeant-at-arms,  by  and  Avith 
the  advice  and  consent  of  the  Assembly),  one  min- 
ute clerk,  two  assistant  minute  clerks,  one  journal 
clerk,  one  assistant  journal  clerk,  one  engrossing 
and  enrolling  clerk,  one  assistant  engrossing  and 
enrolling  clerk  (to  be  elected  at  the  same  time  au<l 
in  the  same  manner  as  the  engrossing  and  enroll 
ing  clerk),  and  two  assistant  engrossing  and  en- 
rolling clerks  (to  be  elected  on  the  thirtieth  day  of 
each  session),  four  bill  filers,  a  chaplain,  one  post- 
master, one  assistant  postmaster,  one  mail  carrier 
(who  shall  be  mailing  and  folding  clerk),  one  page 


43  Legislature.  §  247 

to  speaker,  six  pages,  three  gatekeepers,  one  door- 
keeper, one  gallery  doorkeeper,  one  messenger  to 
the  printer,  one  history  clerk,  one  bill  clerk,  two 
assistant  bill  clerks,  twenty  committee  clerks,  (to 
be  assigned  to  committees  actually  requiring  the 
use  of  a  clerk),  six  skilled  stenographers  (who 
shall  be  typewriters,  and  who  shall  be  at  the  ser- 
vice of  the  Assembly,  its  members,  and  its  com- 
mittees, and  under  the  supervision  of  the  clerkT; 
and  no  other  officers,  employees,  or  attaches  are  to 
be  employed,  excepting  that  the  cleric  may  employ 
at  any  time  temporary  employees,  with  the  consent 
of  four  fifths  of  the  members  elected  to  the  Assem- 
bly. [Amendment  approved  February  25,  1897; 
Amendments  1897,  c.  xxvii.] 
Also  amended  in  1891;  Stats.  1891,  p.  2. 

§  247.  All  ofiicers  and  employees  of  the  Legis- 
lature, except  the  President  of  the  Senate,  porters 
and  pages,  must  be  elected  by  the  House  to  which 
such  officers  and  employees  are  attached.  The 
porters  and  pages  shall  be  appointed  by  the  presid- 
ing officers  of  their  respective  Houses.  [Amend- 
ment approved  March  31,  1876;  Amendments  1875- 
G,  p.  8.    In  effect  in  sixty  days.] 

Elected  by  the  House:  See  Const.  Cal.,  art.  4. 
sec.  7. 

§  248.    Repealed  March  31,  Stats.  1891,  p.  427. 

§  249.  Repealed  March  31.  1891;  Statutes  1893, 
p.  427. 


§§  252-254  Legislature.  44 


ARTICLE  IV. 

POWERS    AND     DUTIES    OF    THE    OFFICERS    AND    EM- 
PLOYEES   OF    THE    LEGISLATURE. 

§  252.  What  officers  of,  may  administer  oaths. 

§  253.  Duties  of  Secretary  and  Clerk. 

§  254.  Duties   of  Assistant   Secretary  and  Assistant   Clerk. 

§  255.  Duties  of  Minute  Clerk. 

§  256.  Duties  of  Journal  Clerk  of  Senate. 

§  257.  Duties  of  Journal  Clerk  of  Assembly. 

§  258.  Duties  of  Copying  -Clerks.     (Repealed.) 

§  259.  Duties   of  Sergeants-at-Arms. 

g  260.  Duties   of  Assistant  Sergeants-at-.Arms. 

§  261.  Duties  of  officers  at  close  of  session. 

§  252.  The  President  and  President  pro  tern,  of 
the  Senate,  and  the  Spealver  and  Speaker  pro  tern, 
of  the  Assembly,  may  administer  the  oath  of  of- 
fice to  any  Senator  or  Assemblyman,  and  to  the 
officers  of  their  respective  bodies.  The  members 
of  any  committee  maj*  administer  oaths  to  wit- 
nesses in  any  matter  under  examination. 

Oath  of  office:     Sees.  904-910,  post. 

§  253.  The  Secretary  of  the  Senate  and  the 
Chief  Cleric  of  the  Assembly  must  attend  each  day, 
call  the  roll,  read  the  Journal  and  bills,  and  super- 
intend all  copying  necessary  to  be  done  for  their 
respective  Houses. 

Basis  of  section— Stats.  1861,  p.  592. 

Journal:    See  sec.  240. 

§  254.  The  Assistant  Secretaries  of  the  Senate 
and  the  Assistant  Clerlis  of  the  Assembly  must 
take  charge  of  all  bills,  petitions  and  other  papers 
presented  to  their  respective  Houses,  file  and  en- 
ter the  same  in  the  books  provided  for  that  pur- 
pose, and  perform  such  other  duties  as  may  be  di- 
rected by  the  Secretary  of  the  Senate  and  Chief 
Clei-k  of  the  Assembly. 


45  Legislature.  §§  255-259 

§  255.  The  Minute  Clerk  of  the  Senate  and  the 
Minute  Cleric  of  the  Assembly  must  keep  a  correct 
record  of  the  proceedings  of  their  respective 
Houses. 

§  256.  A  sufficient  number  of  copies  of  each 
day's  proceedings  of  each  house  of  the  legislature 
shall  be  printed  by  the  State  printer,  in  book  form, 
separately,  to  supply  the  members  of  both  houses 
and  chief  ofBcers  daily  during  the  session  with 
the  journal  of  the  previous  day's  proceedings, 
and  also  a  sufficient  number  of  copies,  with  proper 
repaging,  to  bind  at  the  end  of  the  session  of  the 
legislature,  in  book  form,  as  the  journals  of  the 
Senate  and  Assembly;  one  copy  of  which  daily 
journal  of  each  house,  upon  the  approval  thereof 
by  the  House  of  which  it  is  such  daily  jovu-nal, 
shall  be  authenticated  as  so  approved  by  the  pre- 
siding officer  and  Chief  Clerk  or  Secretary  (as  the 
case  may  be)  of  the  House  so  approving  it;  and 
upon  the  final  adjournment  of  the  Legislature  such 
copy  of  the  daily  journal  of  each  house  for  the  en- 
tire session,  so  authenticated,  shall  be  properly 
bound  in  separate  volumes,  and  deposited  in  the 
office  of  the  Secretary  of  State  as  the  official  jour- 
nals of  both  houses  of  the  Legislature.  [Amend- 
ment approved  March  31,  1891;  Stats.  1891,  p.  425.] 

§  257.  Repealed  March  31,  1891;  Stats.  1891,  p. 
426. 

§  258.  Section  two  hundred  and  fifty-eight  of 
said  Code  is  hereby  repealed.  [Repeal  approved 
March  31,  1876.  Amendments  1875-6,  p.  9.  In  ef- 
fect in  sixty  days.] 

§  259.  The  Sergeant-at-Arms  of  the  Senate  and 
the  Sergeant-at-Arms  of  the  Assembly  must  give 
a  general  supervision,  under  the  direction  of  their 
presiding  officers,  to  the  Senate  and  Assembly 
chambers,  with  the  rooms  attached;  attend  dur- 
ing the  sittings  of  their  respective  bodies,  execute 
their  commands,  and  all  process  issued  by  their 


§§  2G0. 266  Legislature.  46 

authority;  keep  an  account  for  pay  and  mileage  of 
members,  and  prepare  checks  for  tlie  same. 
Pay  and  mileage  of  members:   Sec.  266. 

§  260.  The  Assistant  Sergeant-at-Arms  of  each 
house  must  perform  the  duties  of  doorkeeper,  pro- 
hibit all  persons,  except  members,  officers  and  em- 
ployees, and  stich  other  persons  as  may  have 
the  privilege  of  the  floor  assigned  them  by  the 
rules  of  each  house,  from  entering  within  the  bar 
of  the  hotise.  unless  upon  invitation,  and  keep  -or- 
der in  the  halls  and  lobbies. 

Doorkeeper— open  doors.  Const.  Cal..  art.  4,  sec. 
13. 

§  261.  The  Secretary  and  Assistant  Secretaries 
of  the  Senate,  and  Chief  Clerk  and  Assistant 
Clerks  of  the  Assembly,  at  the  close  of  each  ses- 
sion of  tlie  Legislature,  must  mark,  label  and  ar- 
range all  bills  and  papers  belonging  to  the  archives 
of  their  respective  Houses,  and  deliver  them,  to- 
gether with  all  the  books  of  both  hotises.  to  the 
Secretary  of  State,  who  must  certify  to  the  recep- 
tion of  the  same. 

Basis  of  section— Stats.  1S61.  p.  592. 


ARTICLE  V. 

COMPEXSATIOX    OF    MEMBERS,    OFFICERS    AND    EM- 
PLOYEES   OF   THE    LEGISLATURE. 

§  26^1.  Per  diem  and  mileage  of  members. 

§  267.  Per  diem  and  mileage  of  Speaker  of  Assembly. 

§  26S.  Compensation   of  other  officers  and  employees. 

§  269.  Compensation   for   services   after   close   of   session. 

§  266.  Members  of  the  Legislature  sliall  re- 
ceive eight  dollars  per  day.  payable  weekly,  dur- 
ing the  session  of  the  Legislattu'e.  and  ten  cents 
per  mile  for  each  mile  of  travel  to  and  from  their 
residences  and  the  place  of  holding  the  session. 
[Amendment  approved  April  9.  ISSO:  Amendments 
ISSO.  p.  48.     In  effect  in  sixty  days.] 

Section  conforms— to  Const.  Cal.  1879.  art.  4.  sec. 
23. 


47  Legislature.  §§  267, 208 

See  act  appropriating  one  thousand  one  liundred 
and  sevenlj-five  dollars  and  forty-one  cents  for 
mileage  of  senators  and  lieutenaut-governor  for 
twenty-second  fiscal  year:  Stats.  1881,  1. 

§  367.  The  Speaker  of  the  Assembly  shall  re- 
ceive the  sum  of  ten  dollars  per  diem  during  the 
session  of  the  Legislature,  and  the  same  mileage 
and  sum  for  contingent  expenses  as  members  of 
the  Legislature.  [Amendment  approved  April  23, 
1880;  Amendments  188U,  p.  7.  In  effect  July  1, 
1880.  J 

See  Stats.  1856,  224. 

§  268.  There  shall  be  paid  to  the  officers  and 
employees  of  the  Senate  the  following  salaries:  To 
the  secretary,  eight  dollars  per  day;  to  the  assist- 
ant secretaries,  sergeant-at-arms,  minute  clerk,  as- 
sistant minute  clerks,  journal  clerk,  engrossing 
and  enrolling  clerk,  and  history  clerk,  each  six  dol- 
lars per  day;  to  assistant  sergeant-at-arms,  book- 
keeper to  sergeant-at-arms,  assistant  journal 
clerks,  assistant  engrossing  and  enrolling  clerks, 
each  iiA'e  dollars  per  day;  to  the  chaplain,  four 
dollars  per  day;  to  the  stenographers,  each  five 
dollars  per  day;  to  the  bill  clerks,  committee 
clerks  (excepting  that  one  clerk  of  the  judiciary 
committee  and  one  clerk  of  the  finance  committee 
shall  receive  each  six  dollars  per  dayj,  postmaster, 
assistant  postmaster,  bill  filers,  each  four  dollars 
per  day;  to  the  mail  carrier,  gatekeepers,  doorkeep- 
er.s,  messenger  to  the  printer,  each  three  dollars 
per  day;  to  each  page,  two  dollars  and  fifty  cents 
per  day.  There  shall  be  paid  to  the  officers  and 
employees  of  the  Assembly  the  following  salaries: 
To  the  clerk,  eight  dollars  per  day;  to  the  assist- 
ant clerks,  sergeant-at-arms,  minute  clerk,  assist- 
ant minute  clerks,  journal  clerk,  engrossing  and 
enrolling  clerk,  and  history  clerk,  each  six  dol- 
lars per  day;  to  the  assistant  sergeant-at-arms. 
bookkeeper  to  sergeant-at-arms.  assistant  ^'ournal 
clerks,  assistant  engrossing  and  enrolling  clerks, 
each  five  dollars  per  day;  to  the  chaplain,  four  dol- 
lars per  day;  to  the  stenographers,  each  five  dol- 
lars per  day;  to  the  committee  clerks  (except  that 
one  clerk  of  the  ways  and  means  committee  and 
one  clerk  of  the  judiciary  committee  shall  each  re- 


§§  269-273  Legislature.  48 

ceive  six  dollars  per  clay),  bill  clerks,  postmaster, 
assistant  postmaster,  bill  filers,  each  four  dollars 
per  day;  to  the  mail  carrier,  committee  messen- 
gers, gatelieepers,  messenger  to  the  printer,  each 
three  dollars  per  day;  to  each  page,  two  dollars 
and  fifty  cents  per  day.  And  no  other  officer  or 
employee  of  the  Senate  or  Assembly,  whose  per 
diem  is  not  hereinbefore  fixed,  shall  receive  a  per 
diem  exceeding  the  sum  of  five  dollars.  [Amend- 
ment  approved  February  25,  1897;  Amendments 
1897,  c.  xxvii.] 

See,  for  act  upon  which  the  original  section  was 
founded,  Stats.  1861,  592. 

•  This  section  was  also  amended  In  1891;  Stats. 
1891,  p.  2. 

§  269.  For  services  performed  under  the  pro- 
visions of  section  261  of  this  Code,  each  of  the 
officers  therein  named  receive  a  compensation  of 
fifty  dollars. 


ARTICLE  VI. 

CONTESTING     ELECTIONS     FOR     MEMBERS     OP     THE 
LEGISLATURE. 

§  273.  Who    may    contest. 

§  274.  Statement  of  cause  of  contest  to  be  filed. 

§  275.  Commission  to  take  testimony. 

§  276.  Notice  to  person    interested.    By  whom  served. 

§  277.  Compelling   attendance   of  witnesses. 

§  278.  Testimony,    how    taken. 

§  279.  Vacancy  in  commission,  how  filled. 

§  280.  Fees  of  officers. 

§  281.  Testimony  to   be  transmitted  to   Secretary  of   State. 

§  282.  Depositions. 

§  283.  B^urther  evidence  may  be  taken. 

§  273.  The  right  of  any  person  declared  elected 
to  a  seat  in  the  Senate  or  Assembly  may  be  con- 
tested by  any  qualified  voter  of  the  county  or  dis- 
trict to  be  represented  by  such  Senator  or  Assem- 
blyman. 


49  Legislature.  §§  274-277 

Basis  of  section:     Stats.  1850,  p.  108. 
Qualified  vorer:     See  sees.  1083,  1084. 
Contesting  ejection  of  Governor:     See  post,  sees. 
288  et  seq. 

§  274.  The  person  contesting  such  election 
must,  within  twenty  days  after  the  certificate  of 
election  is  issued,  tile  with  the  Clerk  of  the  coun-. 
ty,  or  one  of  the  counties  in  which  the  alleged 
cause  of  contest  originated,  a  statement  of  the 
grounds  of  contest,  verified  by  his  oath.  [Amend- 
ment approved  March  30,  1874;  Amendments  1873- 
4.     In  effect  July  6,  1874. j 

Grounds  of  contest— verified  statement  of,  com- 
pare Code  Civ.  Proc.,  sees.  1115-1117. 

§  275.  On  the  filing  of  such  statement  the  Clerk 
must  issue  a  commission,  directed  to  two  justices 
of  the  peace  of  his  county,  to  meet  at  a  time  and 
place  specified  in  the  commission,  not  less  than 
twenty  nor  more  than  thirty  days  from  the  date 
thereof,  for  the  purpose  of  taking  the  depositions 
of  such  witnesses  as  the  parties  to  the  contest 
may  wish  to  examine. 

Commission  to  take  testimony — compare  Code 
Civ.  Proc,  sees.  2024-2028. 

Depositions:  See  Code  Civ.  Proc,  sees.  2019- 
2038. 

§  276.  Written  notice  of  such  contest,  specify- 
ing the  time  and  place  of  talcing  depositions,  and 
a  copy  of  the  statement,  certified  by  the  Clerk, 
must  be  delivered  to  the  person  whose  election  is 
contested,  or  if  he  cannot  be  found,  left  at  th.-? 
house  where  he  last  resided,  by  the  Slieriff  of  the 
county  in  which  such  person  claims  his  residence, 
within  ten  days  after  such  statement  is  filed. 

Notice  of  contest — compare  Code  Civ.  Proc,  sec. 
1119. 

§  277.  Either  of  the  justices  of  the  peace  have 
power  to  issue  subpoenas  for  witnesses,  at  the  re- 
quest of  either  party,  to  be  served  by  the  Sheriff 
as  other  subpoenas;  and  such  justices,  when  met 
at  the  time  and  place  appointed  to  take  such  de- 
positions, have  the  same  power  to  issue  attach- 
ments and  assess  fines  against  witnesses  as  is 
Pol.   Code—.".. 


§§  278-281  Legislature.  50 

giveu  to  justices  of  the  peace  in  tlie  trials  of  civil 
actions. 

Issuance  of  subpoenas— from  justices'  courts: 
See  Code  Civ.  Proc,  sec.  919. 

Other  subpoenas:  See  Code  Civ.  Proc,  sees. 
1985-1990. 

Contempts  in  justices'  courts:  See  Code  Civ. 
Proc,  sees.  906-910. 

§  278.  The  justices  must  meet  at  the  time  and 
place  appointed,  and  talie  the  depositions  of  wit- 
nesses produced  by  the  parties,  and  may  continue 
the  examination  from  day  to  day,  if  necessary. 
When  the  examination  is  closed,  they  must  seal 
up  the  depositions  taken  before  them,  together 
with  the  commission,  and  transmit  the  same  by 
mail  or  express  to  the  Clerk  with  whom  the  state- 
ment was  filed. 

§  279.  If  at  any  time  either  of  the  justices  is 
unable  to  proceed  in  such  examination,  the  Clerk 
may  supply  the  vacancy  by  designating  any  other 
justice  of  the  peace  of  the  county. 

§  280.  Officers  performing  services  in  a  contest- 
ed election  case  may  charge  and  collect  from  the 
party  at  whose  instance  such  services  were  per- 
formed, the  same  fees  as  are  allowed  them  for 
similar  services  in  civil  cases. 

S  281.  The  Clerk  must  seal  up  the  depositions, 
the  original  statement,  the  copy  of  the  notice 
served  upon  the  party  M'hose  right  is  contested, 
and  the  commission  issued  to  the  justices  of  the 
peace,  and  transmit  the  same  by  mail  to  the  Secre- 
tary of  State,  indorsing  thereon  the  names  of  the 
.contesting  parties  and  the  branch  of  the  Legisla- 
ture before  which  such  contest  is  to  be  tried.  The 
Secretary  of  State  must  deliver  the  same,  un- 
opened, to  the  presiding  officer  of  the  House  in 
which  such  contest  is  to  be  tried,  on  or  before  the 
second  day  of  the  session  of  the  Legislatiu-e  next 
after  taking  such  depositions,  and  such  presiding 
officer  must  immediately  give  notice  to  the  house 
that  such  papers  are  in  his  possession. 

Seal  and  transmit  the  depositions— compare  Code 
Civ.  Proc,  sec  2032. 


51  Legislature.  §§  282-290 

§  282.  At  any  time  after  notice  of  contest  has 
been  given,  and  before  the  trial  thereof  before  the 
proper  branch  of  the  Legislature,  either  party  may 
take  depositions,  to  be  read  on  the  trial,  in  like 
manner  and  under  the  same  rules  as  are  allowe<l 
and  required  in  the  cases  of  depositions  to  be  read 
on  the  trial  of  civil  actions;  and  such  depositions, 
when  taken,  must  be  sealed  up  by  the  oliicer  tak- 
ing the  same,  and  directed  to  the  Secretary  of 
State,  who  must  keep  the  same,  unopened,  and  de- 
liver them  to  the  presiding  officer  of  the  house  in 
which  the  contest  is  to  be  tried. 

Depositions  in  civil  actions— manner  of  taking, 
Code  Civ.  Proc,  sees.  2031-2038. 

§  283.  The  house  before  which  the  contest  is 
pending  may  take  such  other  evidence  in  the  case 
as  it  deems  material. 


ARTICLE  VII. 

CONTESTING  THE  ELECTION  FOR  GOVERNOR  OR 
LIEUTENANT  GOVERNOR. 

§  288.  Who  may  contest. 

§  289.  Grounds  of  contest  to  be  stated  in  petition. 

§  290.  Notice  to  respondent. 

§  291.  Notice  to  the  Houses. 

§  292.  Trial  Committee,  how  chosen. 

§  293.  Notice    of    choice. 

§  294.  Powers  of  committee. 

§  295.  Judgment  of  committee. 

§  288.  Any  elector  of  the  State  may  contest  the 
election  of  any  person  declared  elected  Governor 
or  Lieutenant-Governor  of  the  State  of  California. 

Basis  of  section— Stats.  1850,  p.  109. 

Elector  of  the  State— qualifications  of:  See  sees. 
1083,  1084. 

§  289.  Such  elector  may,  within  twenty  days 
after  the  declaration  of  the  result  of  the  election, 
deliver  to  the  presiding  officer  of  each  House  of  the 
Legislature  a  verified  specification  of  the  grounds 
of  contest. 

§  290.  As  soon  as  the  jiresiding  officers  have 
received  the  specifications  they  must  make  out  a 


§§  291-295  Legislature.  52 

notice,  in  writing,  directed  to  the  person  wliose 
election  is  contested,  and  deliver  the  same  to  a 
Sergeant-at-Arms,  who  must  serve  such  notice  at 
once  on  the  person  therein  named. 
Notice  of  contest — compare  sec.  276. 

§  291.  The  presiding  officers  must  also  immedi- 
ately give  notice  to  their  respective  houses  that 
such  specifications  have  been  received. 

§  292.  Each  house  must  at  once  choose  seven 
members  of  its  own  body,  in  tlie  following  manner: 

1.  The  names  of  the  members,  except  the  Speak- 
er of  the  Assembly,  written  on  similar  paper  ticJi- 
ets,  must  be  placed  in  a  box; 

2.  The  Secretary  of  the  Senate,  in  the  presence 
of  the  Senate,  and  the  Clerli  of  the  Assembly,  in 
the  presence  of  the  House,  must  draw  from  tlieir 
respective  boxes  tiie  names  of  seven  members  of 
each. 

§  293.  As  soon  as  tiie  names  are  drawn,  notice 
of  the  names  of  members  drawn  in  Qjxe  house  must 
be  given  to  the  other,  and  the  names  of  the  four- 
teen members  drawn  must  be  entered  on  the  Jour- 
nals of  each  house. 

§  294.  The  members  thus  selected  constitute  a 
committee  to  try  such  contested  election,  and  for 
that  purpose  must  hold  their  meetings  publicly  at 
the  seat  of  government  at  such  time  and  place  as 
they  may  designate,  and  may  adjourn  from  day  to 
day,  or  to  a  day  certain,  until  such  trial  is  deter- 
mined. They  have  power  to  send  for  persons  and 
papers,  and  to  take  all  necessary  means  to  pro- 
cure testimony,  extending  like  privileges  to  each 
party  to  the  contest.  They  must  report  their  judg- 
ment in  the  premises  to  both  houses  of  the  Legis- 
lature, which  report  must  be  entered  upon  the 
Journals. 

Powers  of  committee — to  procure  testimony,  sees. 
300-304. 

§  295.  The  judgment  of  the  committee  thus  re- 
ported is  final  and  conclusive. 


53  Legislature.  §§  300-302 


ARTICLE  VIII. 

ATTENDANCE  AND  EXAMINATION  OF  WITNESSES 
BEFORE  THE  LEGISLATURE  AND  COMMITTEES 
THEREOF. 

§  300.    Subpoenas. 
§  301.     Service  of  subpoenas. 
§  302.    Contempt. 
§  303.    Compelling    attendance. 

§  304.    Witnesses  not  to  be  held  to  answer  criminally.     Re- 
fusal to  testify. 

§  300.  A  subpoena  requiring  the  attendance  of 
any  witness  before  eitlier  house  of  the  Legisla- 
ture, or  a  committee  thereof,  may  be  issued  by  the 
President  of  the  Senate,  Speaker  of  the  House,  or 
the  Chairman  of  any  committee  before  whom  the 
attendance  of  the  witness  is  desired;  and  it  is  suffi- 
cient if: 

1.  It  states  whether  the  proceeding  is  before  the 
Assembly  or  Senate  or  a  committee; 

2.  It  is  addressed  to  the  witness; 

3.  It  requires  the  attendance  of  such  witness  at 
a  time  and  place  certain; 

4.  It  is  signed  by  the  President  of  the  Senate, 
Spealier  of  the  Assemblj%  or  chairman  of  a  com- 
mittee. 

§  301.  The  subpoena  may  be  seiwed  by  any 
person  who  might  be  a  witness  in  the  matter,  and 
liis  affidavit  that  he  delivered  a  copy  to  the  wit- 
ness is  evidence  of  service.  [Approved  March  30, 
1874.    In  effect  July  6,  1874.] 

Service  of  subpoena— in  civil  actions:  See  Code 
Civ.  Proc,  sec.  1987. 

§  302.  If  any  witness  neglects  or  refuses  to 
obey  such  subpoena,  or  appearing,  neglects  or  re- 
fuses to  testify,  the  Senate  or  Assembly  may,  by 
resolution  entered  on  the  Journal,  commit  him 
for  contempt. 


§§  303, 304  Legislature.  54 

§  303.  Any  witness  neglecting  or  refusing  to  at- 
tend in  obedience  to  subpoena  may  be  arrested  by 
tlie  Sergeant-at-Arms  and  brouglit  before  the  Sen- 
ate or  Assembly.  The  only  warrant  or  authority 
necessary  to  authorize  such  arrest  is  a  copy  of  a 
resolution  of  the  Senate  or  Assembly,  signed  by 
the  President  of  the  Senate,  or  Speaker  of  the 
Assemblj-,  and  countersigned  by  the  Secretary  or 
Clerk. 

§  304.  Xo  person  sworn  and  examined  before 
either  house  of  the  Legislature  or  any  committee 
thereof,  can  be  held  to  answer  criminally  or  be 
subject  to  any  penalty  or  forfeiture  for  any  fact 
or  act  touching  which  he  is  required  to  testify,  nor 
is  any  statement  made  or  paper  produced  by  auy 
such  witness  competent  evidence  in  any  criminal 
proceeding  against  such  witness;  nor  can  such  wit- 
ness refuse  to  testify  to  any  fact  or  to  produce  auy 
paper  touching  which  he  is  examined,  for  the  rea- 
son that  his  testimony  or  the  production  of  such 
paper  may  tend  to  disgrace  him  or  render  him  in- 
famous. Nothing  in  this  section  exempts  any  wit- 
ness from  prosecution  and  punishment  for  perjury 
committed  by  him  on  such  examination. 

Constitutional  provision — of  like  character.  Const. 
Cal..  1879.  art.  4,  sec.  35. 

Basis  of  section— Stats.  1857,  p.  97. 

Similar  provisions— Penal  Code,  sec.  14. 

Answer  tending  to  disgrace,  etc.— different  pro- 
visions for  civil  action:  See  Code  Civ.  Proc.  sec. 
2065. 


Statutes.  §§  309-310 


ARTICLE  IX. 

ENACTMENT     OF     STATUTES. 

§  309.    Bills  received  by  the  Governor,  how  indorsed. 
§  310.    Approval  of  bills. 
§  311.    Bills   returned   without  approval. 
§  312.     Return,  when  House  not  in  session. 
§  313.     Bills   remaining   with   the   Governor   more   than   ten 
days. 

§  309.  Every  bill  must,  as  soon  as  delivered  to 
the  Governor,  be  indorsed  as  follows:     "This  bill 

was  received  by  the  Governor  this day  of , 

eighteen  - — ."  The  indorsement  must  be  signed 
by  the  private  secretary  of  the  Governor. 

Presentation  of  bills  to  Governor— after  passage, 
Const.  Cal.,  art.  4,  sec.  16. 

Enactment  of  statutes— Requisites  of  Act,  Const. 
Cal.,  art.  4,  sec.  24. 

§  310.  When  the  Governor  approves  a  bill,  he 
must  set  his  name  thereto,  with  the  date  of  his 
approval,  and  deposit  the  same  in  the  office  of  the 
Secretary  of  State.  If  any  bill  presented  to  the 
Governor  contains  several  items  of  appropriation 
of  money,  he  may  object  to  one  or  more  items, 
while  approving  other  portions  of  tlie  bill.  In 
such  case  he  shall  append  to  the  bill,  at  the  time  ot 
signing  it,  a  statement  of  the  items  to  which  he 
objects,  and  the  reasons  therefor.  If  the  Legisla- 
ture be  in  session,  the  Governor  shall  transmit  to 
the  house  in  which  tlie  bill  originated  a  copy  of 
such  statement,  and  the  items  so  objected  to  shad 
be  separately  reconsidered  in  the  same  manner  as 
bills  which  have  been  disapproved  by  the  govern- 
or. [Amendment  approved  March  2,  1880;  Amend- 
ments 1880,  p.  3.    In  effect  March  2,  1880.] 

Governor's  approval— of  bill:  See  Const.  Cal.. 
art.  4,  sec.  IG. 

Signing  inadvertently:    Sec.  312,  post. 

Appropriation  bill— provision  conforms  to  Const. 
Cal.  1879,  art.  4,  sec.  Hi.    General,  what  to  contain. 


§  311  Statutes.  56 

Const.  Cal.,  art.  4,  sec.  29.  For  specific  purpose,  to 
contain  but  one  item,  Const.  Cal.,  art.  4,  sec.  34. 
Passage  despite  objections,  see  sec.  311. 

§  311.  Wlien  a  bill  has  passed  both  houses  of 
the  Legislature,  and  is  returned  by  the  governor 
without  his  signature,  and  with  objections  there- 
to, or  if  it  be  a  bill  containing  several  items  of  ap- 
propriation of  money,  with  objections  to  one  or 
more  items,  and  upon  reconsideration  such  bill,  or 
item,  or  items  pass  both  houses  by  the  constitu- 
tional majority,  the  bill,  or  item,  or  items  must  be 
authenticated  as  having  become  a  law  by  a  certi- 
ficate indorsed  on  or  attached  to  the  bill,  or  in. 
dorsed  on  or  attached  to  the  copy  of  the  statement 
of  objections,  in  the  following  form:  "This  bill 
having  been  returned  by  the  governor  with  his  ob- 
jections thereto,  and,  after  reconsideration,  having 
passed  both  houses  by  the  constitutional  majority, 

has  become  a  law  this day  of ,  A.  D. ;" 

or,  "The  following  items  in  the  within  statement 
(naming  them)  having,  after  reconsideration,  pass- 
ed both  iiouses  by  the  constitutional  majority,  have 

has  become  a  law  this  — —  day  of ,  A.  D. ." 

which  indorsement  signed  by  the  president  of  the 
senate  and  the  spealier  of  the  assembly,  is  a  suffi- 
cient authentication  thereof.  Such  bill  or  state- 
ment must  then  be  delivered  to  the  Governor,  and 
by  him  must  be  deposited  with  the  laws  in  the  of- 
fice of  the  Secretary  of  State.  [Amendment  ap- 
proved March  2.  1880;  Amendments  1880,  p.  3.  In 
effect  March  2,  1880.] 

Items  of  appropriation  bill— provisions  concern- 
ing, inserted  by  amendment  1880. 

Rest  of  section— founded  on  Stats.  1852,  p.  112. 

Passage  of  bills — Origination  in  either  house. 
Const.  Cal.,  art.  4.  sec.  15.  Introduction,  limited 
time  for.  Const.  Cal.,  art.  4.  sec.  2.  Printing,  Const. 
Cal.,  art.  4,  sec.  15.  Reading  at  length.  Id.  Man- 
ner of  voting,  Const.  Cal.,  art.  4,  sec.  15.  Majority 
requisite  for  passage,  Id. 

Return  by  governor— with  objections,  provided 
for  by  Const.  Cal.,  art.  4,  sec.  16.  Time  for,  see 
sees.  312,  313. 

Reconsideration  and  passage  over  veto — see 
Const.  Cal..  art.  4.  sec.  16. 

Constitutional  majority:  Const.  Cal.,  art.  4,  sec. 
15. 


57  Statutes.  §§  312-318 

§  312.  If,  on  the  day  the  Governor  desires  to 
return  a  bill  without  his  approval,  and  with  his 
objections  thereto,  to  the  house  in  which  it  origi- 
nated, that  house  has  adjourned  for  the  day  (but 
not  for  the  session),  he  may  deliver  the  bill,  with 
his  message,  to  the  presiding  officer.  Secretary, 
Clerk,  or  any  member  of  such  house,  and  such  de- 
livery is  as  effectual  as  though  returned  in  open 
session,  if  the  Governor,  on  the  first  day  the  house 
is  again  in  session,  by  message,  notifies  it  of  such 
delivery,  and  of  the  time  when  and  the  person  to 
whom  such  delivery  was  made. 

§  313.  Every  bill  which  has  passed  both  houses 
of  the  Legislature,  and  has  not  been  returned  by 
the  Governor  within  ten  days,  thereby  becoming  a 
law,  is  authenticated  by  the  Governor  causing  the 
fact  to  be  certified  thereon  by  the  Secretary  of 
State,  in  the  following  form:  "This  bill  having  re- 
mained with  the  Governor  ten  days  (Sundays  ex- 
cepted),  and  the  Legislature  being  in  session,   it 

has  become  a  law  this day  of A.  D. ," 

which  certificate  must  be  signed  by  the  Secretary 
of  State  and  deposited  with  the  laws  in  his  office. 

Section  conforms— to  Const.  Cal.,  art.  4,  sec.  16. 


ARTICLE  X. 

PROMULGATION     OP     STATUTES. 
;  §  318.    Publication  and  distribution  of  statutes. 

§  318.  The  publication  and  distribution  of  stat- 
utes is  provided  for  in  Chapter  III,  Title  I,  Part 
III,  of  this  Code. 

Publication  of  statutes:  See  sees.  526-537,  post. 
A  proposition  to  so  amend  article  11,  section  21,  of 
the  old  constitution,  of  California  as  to  permit  the 
Legislature  to  publish  the  laws  as  they  may  di- 
rect, passed  the  Legislature  of  1872;  Stats.  892. 
893. 

Distribution  of  statutes:    See  sec.  409,  post. 


§§  323-326  Statutes.  *       58 


ARTICLE  XI. 

OPERATION      OF      STATUTES. 

§  323.  When  statutes  take  effect. 

§  324.  When  joint  resolutions  take  effect. 

§  325.  Effect  of  amendments 

§  326.  Construction  of  statutes. 

§  327.  Repeal  of  statutes. 

§  328.  Act  not  revived  by  repealing  the  Act  repealing  it. 

§  329.  Repeal   of  law  creating  offense   no  bar     to     punish- 
ment. 

§  330.  Amendatory  Act,   when   void. 

§  323.  EveiT  statute,  unless  a  different  time 
is  prescribed  therein,  talies  effect  on  the  sixtieth 
day  after  its  passage. 

Origin  of  section— see  Stats.  1860,  p..  16;  1861,  p. 
77. 

Operation  of  statutes— uniform,  where  of  a  gen- 
eral nature,  Const.  Cal.,  art.  1,  sec.  11. 

§  324.  Every  joint  resolution,  unless  a  different 
time  is  prescribed  therein,  takes  effect  from  its 
passage. 

Basis  of  section— Stats.  1850,  p.  51. 

§  325.  Where  a  section  or  part  of  a  statute  is 
amended,  it  is  not  to  be  considered  as  having 
been  repealed  and  re-enacted  in  the  amended 
form,  but  the  portions  which  are  not  altered  are 
to  be  considered  as  having  been  the  law  from  the 
time  when  tliey  were  enacted,  and  the  new  provis- 
ions are  to  be  considered  as  having  been  enacted 
at  the  time  of  the  amendment. 

Re-enacting  and  publishing  act  at  length— as  re- 
vised or  amended,  Const.  Cal..  art.  4.  sec.  24. 

Amendment  of  repealed  section— sec.  330. 

§  326.  The  general  rules  for  the  construction  of 
statutes  ai"e  enutaiued  in  the  preliminary  provis- 
ions of  the  diffei'ent  Codes. 

Preliminary  provisions- of  this  Code,  sees.  1-20. 


59  Statutes.  §§  327-330 

§  327.  Any  statute  may  be  repealed  at  any  time 
except  when  it  is  otherwise  provided  therein.  Per- 
sons acting  under  any  statute  are  deemed  to  have 
acted  in  contemplation  of  this  power  of  repeal. 

§  328.  No  act  or  part  of  an  act,  repealed  by  an- 
other act  of  the  Legislature,  is  revived  by  the  re- 
peal of  the  repealing  act  without  express  words  re- 
viving such  repealed  act  or  part  of  an  act. 

§  329.  The  repeal  of  any  law  creating  a  crimi- 
nal offense  does  not  constitute  a  bar  to  the  indict- 
ment or  information  and  punishment  of  an  act 
already  committed  in  violation  of  the  law  so  re- 
pealed, unless  the  intention  to  bar  such  indict- 
ment or  information  and  punishment  is  expressly 
declared  in  the  repealing-  act.  [Amendment  ap- 
proved Februarv  18,  ISSl;  Amendments  1881,  p.  6. 
In  effect  February  18,  1881.] 

Ex  post  facto  laws— see  Const.  Cal.,  art.  1,  sec. 
16. 

§  330.  An  act  amending  a  section  of  an  act  re- 
pealed is  void. 


§§  332,333  Reports.  li<» 


ARTICLE  XII. 

PUBLIC     REPORTS. 

§  332.  When  State  ofiBeers,  etc.,  are  to  report. 

§  333.  Reports,    printing   of. 

§  334.  Number   to   be   printed. 

§  335.  Distribution  of. 

§  336.  To  be  printed  in  English. 

§  337.  Report   of   Insurance   Commissioner,    distribution   of. 

§  332.  All  officers,  boards  of  officers,  commis- 
sioners, trustees,  regents,  and  directors  required  by 
law  to  make  reports  to  the  Governor  or  Legisla- 
ture, except  the  Controller  of  State,  must  send  the 
original  draught  of  such  reports  to  the  Governor 
before  the  fifteenth  day  of  September  in  the  year 
eighteen  hundred  and  ninety-two,  and  in  every 
second  year  thereafter.  The  Controller  of  State 
must  send  his  report  to  the  Governor  before  the 
fifteenth  day  of  December  in  eighteen  hundred 
and  ninety-two,  and  in  every  second  year  there- 
after. [Amendment  approved  March  10,  1891; 
Stats.  1891,  p.  05.    In  effect  immediately.] 

This  amendment  enlarged  the  time  to  file  re- 
port from  August  to  October,  and  of  the  even- 
numbered  instead  of  odd-numbered  years. 

Origin  of  section:  See  Stats.  1866,  p.  784;  1870, 
p.  383.  Railroad  Commissioners'  clause,  added  by 
amendment  1880. 

Controller's  report.— Controller  must  report  to 
the  governor  on  the  second  Monday  in  October: 
See  post,  sec.  433. 

§  333.  The  Governor  shall,  upon  receipt  of  such 
reports,  submit  the  same  to  the  State  board  of  ex- 
aminers, who  shall  order  such  a  number  of  said  re- 
ports, or  part  or  parts  of  each  report,  printed,  as 
in  their  judgment  will  meet  the  requirements  of 
law;  provided,  that  in  no  instance  shall  a  less 
number  of  copies  be  printed  than  is  necessary  to 
furnish  at  least  ten  copies  of  each  report  to  all  of- 
ficers, boards  of  officers,  commissioners,  trustees, 
regents,  and  directors  required  by  law  to  make 


61  Reports.  §§  334-337 

reports  to  the  Governor  or  Legislature.  [Amen<l 
ment  approved  March  10,  1891;  Stats.  1891,  p.  66. 
In  effect  immediately.] 

Superintendent  of  State  Printing:  See  sees.  526- 
538. 

Origin  of  section— See  Stats.  1870,  p.  359. 

§  334.  The  superintendent  of  state  printing 
must  print  such  reports,  or  such  part  or  parts  of 
said  reports,  as  may  be  ordered  by  the  State  board 
of  examiners,  in  a  manner  to  be  designated  by 
said  board,  before  the  first  Monday  in  December 
next  after  receipt  thereof,  except  the  report  of  the 
State  Controller,  which  shall  be  printed  before  the 
fifteenth  day  of  January  after  the  receipt  thereof, 
and  distribute  the  same  in  accordance  with  the  di- 
rections of  the  board  of  examiners.  [Amendment 
approved  March  10,  1891;  Stats.  1891,  p.  66.  In  ef- 
fect immediately.] 

§  335.  Repealed  March  10,  1891;  Stats.  1891,  p. 
66.    In  effect  immediately. 

§  336.  All  reports  must  be  printed  in  the  Eng- 
lish language. 

§  337.  Of  the  report  of  the  Insurance  Commis- 
sioner, the  Commissioner  must  have  printed,  at 
the  expense  of  his  office,  one  thousand  copies,  and 
must  deliver  of  the  same  as  follows: 

To  the  Governor,  twenty  copies. 

To  the  State  Librarian,  ten  copies. 

To  the  Secretary  of  State,  thirty  copies. 

To  the  Sei*geaut-at-Arms  of  the  Senate,  eighty 
copies. 

To  the  Sergeant-at-Arms  of  the  Assembly,  one 
hundred  and  sixty  copies. 

And  the  residue  must  be  distributed  by  the  Com- 
missioner in  furtherance  of  the  interest  of  insur- 
ance.    [New  section    approved    March    30,    1874; 
Amendments  1873-4,  p.  7.    In  effect  July  6,  1874.] 
Pol.  Code— 6. 


§§  341-343 


Executive  Officers. 


62 


CHAPTER  III. 


EXECUTIVE     OFFICERS. 


Article  I. 

11. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 


Classification,  Number  and  Designation  of  Ex- 
ecutive  Officers. 

Modes  of  Election  or  Appointment  and  Term  of 
Civil  E.Kecutive  Officers. 

Governor. 

Lieutenant  Governor. 

Secretary  of  State. 

Controller. 

Treasurer. 

Attorney   General. 

Surveyor  General. 

Register  of  the  State  Land  Office. 

Superintendent   of   Public   Instruction. 

State  Printer. 

State  Geologist. 

Sealer    of   Weights   and    Measures. 

Inspector  of  Gas  Meters. 

Insurance  Commissioners. 

Fish  Commissioners. 

Board  of  Examiners. 

Other  Executive  Officers. 


ARTICLE   1. 


CLASSIFICATION,    NUMBER 
EXECUTIVE 


AND     DESIGNATION 
OFFICERS. 


341.  Classification   of   executive   officers. 

342.  Military    officers. 

343.  Designation   and  number  of  civil  executive   officers. 

§  341.    Executive  officers  are  either: 

1.  Civil;  or. 

2.  Military. 


§  342.  Military  officers  are  desijrnated  and  their 
duties  prescribed  in  Title  IV  of  Part  III  of  this 
Code. 

Militia:    See  post,  sees.  1S95-2117. 

§  343.  The  number  and  desisrnation  of  the  civil 
executive  officers  are  as  follows:  A  Governor;  a 
Private  Secretary  for  the  Governor:  an  Executive 
Secretary  for  the  Governor;  a  Secretary  for  the 
Board    of   Examiners;    a   Lieutenant-Governor;    a 


G3  Executive  Officers.  §  343 

,4 
Secretary  of  State;  a  Deputy  Secretary  of  State;  a 
Keeper  of  Archives  of  State  for  Secretary  of  State; 
a  Book-keeper  for  the  Secretary  of  State;  three 
Kecorcling  Clerks  for  the  Secretary  of  State;  a 
.Controller;  a  Deputy  Controller;  a  Book-keeper  for 
the  Controller;  five  Clerks  for  the  Controller;  a 
Treasurer;  a  Deputy  Treasurer;  a  Book-keeper  for 
the  Treasurer;  a  Clex'k  for  six  naonths  in  each 
year  for  the  Treasurer;  an  Attorney-General;  a 
Deputy  Attorney-General;  a  Surveyor-General, 
who  shall  be  ex-officio  Register  of  the  State  Land 
Office;  a  Deputy  Surveyor-General;  one  Clerk  for 
the  Surveyor-General;  three  Clerks  for  the  Regis- 
ter; a  Superintendent  of  Public  Instruction;  a 
Deputy  for  the  Superintendent  of  Public  Instruc- 
tion; one  Clerk  for  the  Superintendent  of  Public 
Instruction;  a  Superintendent  of  State  Printing; 
an  Inspector  of  Gas  Meters!  a  Vaccine  Agent;  an 
Insurance  Commissioner;  a  Deputy  for  the  Insur- 
ance Commissioner;  three  State  Capitol  Commis- 
sioners; four  Port  Wardens  for  the  Port  of  San 
Francisco;  a  Port  Warden  for  each  port  of  entry 
except  San  Francisco:  three  State  Harbor  Com- 
missioners; three  Harbor  Commissioners  for 
the  Port  of  Eureka;  six  pilots  for  each  har^ 
bor  where  there  is  no  Board  of  Pilot  Commis- 
sioners; three  members  of  the  Board  of  Pilot  Com- 
missioners for  the  Ports  of.  San  Francisco,  Mare 
Island,  and  Benicia;  three  members  of  the  Boar(t 
of  Pilot  Commissioners  for  Hiimboldt  Bay  and 
Bar;  three  Fish  Commissioners;  a  President 
and  twelve  Directors  of  the  State  Board  of  Agri- 
culture; four  members  of  the  State  Board  of 
Equalization;  a  Clerk  for  the  Board  of  Equaliza- 
tion: three  members  of  the  State  Board  of  Rail- 
road Commissioners:  a  Secretary  of  the  State 
Board  of  Railroad  Commissioners;  a  Bailiff  of  the 
State  Board  of  Railroad  Commissioners;  seven 
members  of  the  State  Board  of  Health:  five  mem- 
bers of  the  San  Francisco  Board  of  Health;  five 
members  of  the  Sacramento  Board  of  Health; 
twenty-two  Regents  of  the  University  of  Califor- 
nia; tiiree  members  of  the  State  Board  of  EHuca- 
tion:  seven  Trustees  of  the  State  Normal  Sciiool; 
five  Trustees  of  the  State  Library:  a  State  Libra- 
rian: two  Deputies  for  the  State  Librarian;  a  Li- 
brarian for  the  Supreme  Court  Library;  five  Direc- 


§  343  Executive  Officers.  64 

tors  for  the  State  Prisons;  two  Wardens  for  the 
State  Prisons;  two  Clerks  of  the  State  Prisons;  five 
Directors  for  the  Insane  Asj-lum  at  Stocliton;  five 
Directors  for  the  Insane  Asylum  at  Napa;  a  Med- 
ical Superintendent  of  the  Insane  Asylum  at, 
Stockton;  two  Assistant  Physicians  of  the  Insane 
Asylum  at  Stockton;  a  Resident  Physician  of  the 
Insane  Asylum  at  Napa;  one  First  Assistant  Phy- 
sician of  the  Insane  Asylum  at  Napa;  provided, 
when  the  number  of  patients  shall  increase  to  six 
hundred,  the  Trustees  may  elect  one  additional 
Second  Assistant  Physician,  with  the  same  pay 
and  emoluments  as  the  First  Assistant  Physician; 
a  Treasurer  of  the  Insane  Asylum  at  Stockton;  a 
Treasurer  of  the  Insane  Asylum  at  Napa,  five 
Trustees  of  the  Asylum  for  the  Deaf  and  Dumb 
and  the  Blind;  three  Ti-ustees  of  the  State  Burying 
Grounds;  nine  Commissioners  of  the  Yosemite  Val- 
ley and  the  ^lariposa  Big  Tree  Grove;  such  other 
officers  as  fill  offices  created  by  or  under  the  au- 
thority of  general  laws  for  the  government  of 
counties,  cities  and  towns,  or  of  the  charters  or 
special  laws  affecting  the  same,  or  of  the  health, 
school,  election,  road  or  revenue  laws.  [In  effect 
March  21,  1S89.] 

Pilot  commissioners  for  San  Diego  are  provided 
for  by  Stats.  1872,  650  et  seq. 


65  Executive  Officers.  §  348 


AETICLE  II. 

THE  MODE  OP  ELECTION  OR  APPOINTMENT  AND 
TERM  OF  OFFICE  OF  CIVIL  EXECUTIVE  OFFI- 
CERS. 

§  348.    Certain  officers  elected. 
§  349.    State  Printer. 
§  350.    Register   of   Land   Office. 
§  351.     State  Sealer  of  Weights  and  Measures. 
§  352.    State  Board  of  Equalization. 
§  353.    Regents  of  the  University. 
§  354.    Trustees  of  State  Normal  School. 
§  355.    State  Board  of  Education. 
§  356.     Officers   of   Libraries. 
§  357.    Yosemite  and   Big   Tree   Commissioners. 
§  358.    Superintendent,    etc.,    of   Insane    Asylum. 
§  359.    Directors  of  State  Board  "of  Agriculture. 
§  360.    San  Francisco     Board  of  Health. 
§  361.    Sacramento  Board  of  Health. 
§  362.    Harbor  Commissioners. 

§  333.     San   Francisco   Marine  Board.      (Repealed.) 
§  364.    Board  of  Examiners. 

§  365.    State    Board    of      Tide    Land    Commissioners.      (Re- 
pealed.) 
§  366.    State  Capitol   Commissioners. 
§  367.    State  Prison  Directors. 
§  368.    Inspector   of   Gas    Meters. 

Trustees   of   the   State  Burying  Grounds. 

Directors  of  Insane  Asylum. 

Trustees  of  Asylum  for  Deaf,   Dumb  and  Blind. 

Port  Wardens. 

Insurance    Commissioner. 

State  Board  of  Health. 

Vaccine  Agent. 

Commissioner  of  Immigration. 

Pilot    Commissioners. 

Pilots. 

Fish  Commissioners. 

State  Geologist. 

Tide  Land     Commissioners. 
§  369.    Term    of    ofiBce    of    officers    mentioned    in    preceding 

section. 
§  370.    Private   Secretary  and  Clerk  of  Governor. 
§  371.     Deputies   and   Clerks. 

§  348.  The  mode  of  election  of  tlie  •  Governor, 
Lieutenant-Governor,  Secretary  of  State,  Controll- 
er, Treasurer.  Attorney-General.  Surveyor-Gener- 
al, and  Superintendent  of  Public  Instruction,  is 
prescribed  by  the  Constitution. 


§§  349-353  Executive  Officers.  66 

Election  of  governor:  See  Const.  Cal.,  art.  5,  sees. 
2,  4. 

Election  of  lieutenant-governor:  See  Const.  Cal. 
art.  5,  sec.  18. 

Election  of  secretary  of  State,  controller,  treas- 
urer, attorney-general,  and  surveyor-general:  See 
Const.  Cal.,  art.  5,  sec.  17. 

Election  of  superintendent  of  public  instruction: 
Const.  Cal.,  art.  9,  sec.  2. 

§  349.  The  State  Printer  is  elected  at  the  same 
time  as  the  State  officers  mentioned  in  the  preced- 
ing section,  and  holds  his  office  for  the  term  of 
four  years  from  the  first  Monday  in  December 
next  succeeding  his  election. 

Superintendent  of  State  printing:  See  post,  sec. 
526.  The  office  of  State  printer  was  abolished  and 
that  of  "superintendent  of  State  printing"  created 
by  act  of  March  20,  1872;  1871-2,  sec.  554. 

§  350.  The  Surveyor-General  is  ex  officio  Regis- 
ter, and  the  Deputy  Surveyor-General  is  ex  officio 
Deputy  Register,  of  the  State  Laud  Office. 

Register  of  State  Land  Office:  Sees.  3395,  3300, 
3397. 

§  351.  The  Secretary  of  State  is  ex  officio  State 
Sealer  of  Weights  and  Measures. 

State  Sealer  of  AVeights  and  Measures  and  coun- 
ty sealers:  Sees.  561-567. 

Act  relating  to  weights  and  measures:  See  Act 
approved  April  6,  1891;  Stats.  1891,  p.  487. 

§  352.  Members  elected,  one  from  each  of  the 
Congressional  Districts  in  this  State,  by  the  quali- 
fied electors  thereof,  with  the  Controller,  consti- 
tute the  State  Board  of  Equalization.  Their  term 
of  office  shall  be  four  years,  commencing  from  the 
first  Monday  after  the  first  day  of  January  follow- 
ing their  election;  provided,  that  the  terms  of  those 
members  elected  in  the  year  eighteen  hundred  and 
seventy-nine  shall  be  three  years.  They  shall 
choose  one  of  their  members  Chairman,  who  shall 
hold  such  office  durinc  the  pleasure  of  the  Board. 
[In  effect  April  3.  1880.] 

State  Board  of  Equalization:  See  sees.  3692-3705. 

§  353.  The  Governor,  Lieutenant-Governor, 
Speaker  of  the  Assembly,  Superintendent  of  Pub- 


67  Executive  Officers.  §§  354-356 

lie  Instruction,  President  of  tlie  State  Board  of 
Agriculture,  and  President  of  the  Meclianics'  In- 
stitute of  San  Francisco,  are  ex  officio  Regents  of 
the  University  of  California.  The  appointment 
and  terms  of  office  of  the  other  regents  are  provid- 
ed for  in  chapter  1,  title  III,  of  part  III,  of  this 
Code. 

Regents  of  the  IJuiversitj':  See  post,  sees.  1425 
et  seq. 

§  354.  The  normal  schools  at  San  Jose,  at  Los 
Angeles,  and  at  Chico,  and  any  normal  school  es- 
tablished by  the  legislature  of  the  State  of  Califor- 
nia, after  the  first  day  of  January,  eighteen  hun- 
dred and  ninety-seven,  shall  be  known  as  State 
normal  schools,  and  shall  each  have  a  board  of 
trustees,  constituted  as  follows:  The  Governor 
and  Superintendent  of  Public  Instruction  shall  be 
ex  officio  members  of  each  board,  and  the  presi- 
dent of  each  school  shall  be  ex  officio  a  member  of 
the  local  board  of  the  school  with  which  he  is 
connected;  provided,  he  shall  have  no  vote  upon 
any  charges  or  complaints  made  against  himself, 
or  upon  his  own  employment  or  retention  in  his 
place.  There  shall  also  be  four  other  members  of 
the  local  board  for  each  normal  school,  whose 
terms  of  office  shall  be  four  years,  and  who  shall 
be  appointed  by  tlie  Governor,  by  and  with  the 
fidvice  and  consent  of  the  Senate  of  the  State  of 
California.  It  shall  be  the  duty  of  the  Governor, 
on  or  before  the  first  day  of  July,  eighteen  hun- 
dred and  ninety-seven,  to  appoint  four  trustees  as 
members  of  each  of  the  local  boards,  one  to  serve 
for  one  year,  one  for  two  years,  one  for  three 
years,  and  one  for  four  years,  and  thereafter  to  fill 
vacancies  in  such  board,  the  terms  of  service  there- 
after to  be  for  four  years,  and  to  begin  .July  first 
of  eacli  fourth  year.  [Amendment  approved  March 
29.  1897;  Amendments  1897,  chap,  clxxiii.] 

State  normal  school:  See  post,  sees.  1487  et  set. 

.§  355.  The  appointment  and  terms  of  office  of 
the  members  of  the  State  board  of  education  are 
provided  for  in  Chapter  III,  Title  III,  of  Part  III, 
of  this  Code:  See  sec.  1517,  post. 

§  356.  The  trustees  of  the  State  library,  the 
State  librarian,  the  deputy  State  librarian,  and  li- 
brarian of  the  Supreme  Court,  are  elected  and  ap- 


§§  357-364  Executive  Officers.  68 

pointed,  and  hold  their  offices  as  prescribed  in 
Chapter  III,  Title  Y,  of  Part  III,  of  this  Code:  See 
sec.  2292,  post. 

§  357.  The  commissioners  of  the  Yosemite  val- 
ley and  Mariposa  Big  Tree  Grove  are  appointed 
and  hold  their  offices  as  prescribed  in  Title  VIII, 
of  Part  III,  of  this  Code:  See  sec.  3584,  post. 

§  358.  The  medical  superintendent,  assistant 
physicians,  and  treasurer  of  the  insane  asylums, 
are  elected,  appointed,  and  hold  their  offices  as 
proscribed  in  Chapter  I,  Title  V,  of  Part  III,  of 
this  Code:  See  sees.  2136-2200,  post. 

§  359.  The  president  and  directors  of  the  State 
board  of  agriculture  are  elected  and  hold  their  of- 
fices as  prescribed  in  the  special  statute  creating 
the  board. 

See  post.  sec.  2326.  See  previous  statutory  reg- 
ulation of  this  matter  in  Stats.  1854,  56;  1858.  80; 
1859,  20;  1861,  228,  272,  501;  1863,  49;  1863,  259. 

Agricultural  districts,  acts  relating  to:  See  Gen- 
eral Laws,  title  "Agriculture." 

§  360.  The  members  of  the  board  of  health  of 
San  Francisco  are  appointed  and  hold  their  offices 
as  prescribed  in  Title  YII,  Part  III,  of  this  Code: 
See  sec.  3005,  post. 

§  361.  The  members  of  the  board  of  health  of 
Sacramento  are  appointed  and  hold  their  offices  as 
prescribed  in  Title  YII,  of  Part  III,  of  this  Code: 
See  sees.  3042-3043,  post, 

§  362.  Harbor  commissioners  are  elected  and 
appointed,  and  hold  their  offices  as  prescribed  in 
Title  YI,  of  Part  III,  of  this  Code:  See  sees.  2520. 
2567,  post. 

§  363.  Sections  three  hundred  and  sixty-three 
and  seven  hundred  and  two  of  the  Political  Code 
are  hereby  repealed.  [Repealed  January  13,  1876; 
Amendments  1875-6,  p.  14.    In  effect  immediately.] 

§  364.  The  board  of  examiners  shall  consist  of 
the  governor,  the  secretary  of  state,  the  attorney 
general,  and  the  secretary  of  the  board,  who  shall 
be  ex  officio  membei-.  to  act  only  in    the    absence 


G9  Executive  Officers.  §§  365-371 

from  the  state  capital  of  any  two  of  the   mem- 
bers.     [Amendment  approved  March     23,     1893; 
Stats.  1893,  p.  182.     In  effect  immediately.] 
See  post,  654  et  seq. 

§  365.  Sections  three  hundred  and  sixty-five 
and  six  hundred  and  ninety-eight  of  the  Political 
Code  are  hereby  repealed.  [Ilepealed  February  4, 
1876;  Amendments  1875-6,  p.  15.  In  effect  im- 
mediately.] 

§  366.  The  Governor,  secretary  of  state,  and 
treasurer  constitute  the  board  of  State  capitol 
commissioners:   See  sec.  697,  post. 

§  367.  The  Governor,  Lieutenant  Governor, 
and  secretary  of  state  constitute  the  board  of 
State  prison  directors;  and  the  Lieutenant  Gov- 
ernor is  warden  of  the  State  prison. 

§  368.  The  following  executive  officers  are  ap- 
pointed by  the  Governor,  with  the  consent  of  tlie 
Senate: 

1.  The  inspector  of  gas  meters;  the  trustees  of 
the   State   burying   grounds. 

2.  The  directors  of  the  insane  asylum;  the  trus- 
tees of  the  asylum  for  the  deaf,  dumb,  and  blind; 
the  port  wardens;  the  insurance  commissioner; 
the  members  of  the  State  board  of  health;  a  vac- 
cine agent. 

3.  Tlie  commissioner  of  immigration;  the  pilot 
commissioners;  the  pilots  for  each  harbor  where 
there  is  not  a  board  of  pilot  commissioners;  the 
fish  commissioners;  the  State  geologist;  the  1'ide 
land  commissioners. 

Inspector  of  gas  meters:  See  post,  sec.  577. 

§  369.  The  officers  enumerated  in  the  first  sub- 
division of  the  last  section  liold  their  offices  for  the 
term  of  two  years;  those  in  the  second  subdivision, 
for  the  term  of  four  years;  and  those  in  the  third 
subdivision,  during  the  Governor's  pleasure. 

§  370.  The  private  secretary  and  executive 
clerli  of  the  Governor  are  appointed  by  him,  and 
hold  their  offices  at  his  pleasure. 

§  371.  All  deputies  and  clerks  named  in  this  ar- 
ticle, whose  appointments  and  terms  of  office  are 
not  otherwise  provided  for.  are  appointed  by  and 
hold  office  at  the  pleasure  of  their  principals. 


§  380  Executive  Officers.  70 

ARTICLE  III. 

OF  THE  GOVERNOR. 

I  380.  General  Duties. 

§  381.  To  transmit  list  of  appointments  to  Legislature. 

§  382.  Records  in  office  of. 

§  383.  Per.«ons  acting  as  Governor. 

§  384.  Salary   of   Governor. 

§  385.  Salary  of  Private  Secretary. 

§  386.  Salary  of  Executive  Secretary. 

§  380.  In  addition  to  tliose  prescribed  by  the 
Constitution  tlie  Governor  has  the  power  and  must 
perform  tlie  duties  prescribed  in  this  and  the  fol- 
lowing sections: 

1.  He  is  to  supervise  the  official  conduct  of  all 
executive  and   ministerial  officers; 

2.  He  is  to  see  tliat  all  offices  are  filled  and  the 
duties  thereof  performed,  or.  in  default  thereof, 
apply  such  remedy  as  the  law  allows:  and  if  the 
remedy  is  imperfect,  acquaint  the  legislature  there- 
with at  its  next  session. 

3.  He  is  to  malie  the  appointments  and  supply 
the  vacancies  mentioned  in  this  Code; 

4.  He  is  the  sole  official  organ  of  communica- 
tion between  the  government  of  this  State  and  Ibe 
government  of  any  other  State  or  of  the  United 
States; 

n.  Whenever  any  suit  or  legal  proceeding  is 
pending  against  this  State,  or  wliich  may  affect  the 
title  of  this  State  to  any  property,  or  which  may 
result  in  any  claim  against  the  State,  he  may  di- 
rect the  attorney  general  to  appear  on  behalf  of 
the  State,  and  may  employ  such  additional  counsel 
as  he  ma  J'  jtulge  expedient: 

6.  He  may  require  the  attorney  general  or  dis- 
trict attorney  of  any  county  to  inquire  into  the  af- 
fairs or  management  of  any  corporation  existing 
under  the  laws  of  this  State: 

7.  He  may  require  the  attorney  general  1o  aid 
any  district  attorney  in  the  discharge  of  his  du- 
ties; 

•  8.  He  may  offer  rewards  not  exceeding  one 
thousand  dollars  each,  payable  out  of  the  general 
fund,  for  the  apprehension  of  any  convict  who  has 


71  Executive  Officers.  §  380 

escaped  from  the  State  prison,  or  of  any  person 
who  has  committed  or  is  charged  with  the  com- 
mission of  an  otfense  punishable  Avith  death; 

9.  He  must  perform  such  duties  respecting  fu- 
gitives from  justice  as  are  prescribed  by  Chap- 
ter IV,  of  Title  XII,  of  The  Penal  Code; 

10.  He  must  issue  and  transmit  election  pro- 
clamations, as  prescribed  in  Title  II,  of  Part  III, 
of  this  Code; 

11.  He  must  issue  land  warrants  and  patents,  as 
prescribed  in  Title  VIII,  of  Part  III,  o(  this  Code; 

12.  He  must,  on  or  before  the  fli'st  day  of  Sep- 
tember, in  the  year  eighteen  hundred  and  seven- 
t.v-three,  and  in  each  second  year  thereafter,  de- 
liver to  the  State  printer  for  publication  all  bi- 
ennial reports  of  officers  and  boards  for  the  tAvo 
preceding  years. 

13.  He  may  require  any  officer  or  board  to  make 
special  reports  to  him,  upon  demand,  in  writing; 

14.  He  may  issue  arms  and  accouterments  for 
the  use  of  colleges; 

15.  He  must  discharge  the  duties  of  member  of 
the  board  of  examiners,  of  member  of  the  State 
board  of  education,  of  State  prison  director,  of 
State  Capitol  commissioner,  of  orphan  asylum  com- 
missioner, of  trustee  of  State  normal  school,  and 
of  tlie  board  of  military  auditors; 

16.  He  has  such  other  powers  and  must  per- 
form such  other  duties  as  are  devolved  upon  him 
by  this  Code,  or  any  other  law  of  this  State; 

Origin  of  article:  See  Stats.  1850,  p.  46;  1852,  p. 
38;  1853,  p.  44;  1857,  p.  149:  1858,  p.  22;  1860,  p.  93; 
1861.  p.  183;  1862,  p.  448:  1863,  pp.  150,  647;  1868, 
pp.  336.  508.  522.  606;  1870,  pp.  329,  331,  334,  339, 
451,  516,  663,  668,  714. 

Prescribed  by  the  Constitution— Powers  and  du- 
ties of  Governor:  See  Const.  Cal.,  art.  5,  sees.  1,  5, 
6-11,  13,  14,  20;  pardoning  power.  Const.  Cal.,  art. 
7,  sec.  1. 

Further  duties  of  Governor:  See  sees.  381,  382, 
and  Stats.  1872,  passim,  so  far  as  unchanged  by 
any  later  enactments. 

Subdivision  3.  Power  to  fill  vacancies:  Const. 
Cal.,  art.  5,  sec.  8:  vacancy,  what  constitutes,  sec. 
99();  mode  of  supplying,  §S  997-1004. 

Appointing  power:  See  ante,  sec.  368. 

Subdivision     8.    Provision— for  deficiency  in  ap- 


§  381  Executive  Officers,  72 

propriation  for  paj'ment  of  rewards:  Stats.  ISSl, 
p.  49. 
Power  over  attorney  general:  See  sec.  470,  post. 

Subdivision     9.    Fugitives  from     justice:     Penal 
Code,  sees.  1547-1558. 

Subdivision  10.  Election  proclamations:  Sees. 
1053,  1054. 
Subdivision  11. — Public  lands:  Sees.  3395-3574. 
Subd.  8.  liewards.— Subdivision  8  is  founded 
upon  the  act  concerning  rewards:  Stats.  18-51,  44:^. 
See  an  act  appropriating  one  thousand  one  linn- 
dred  dollai's  to  provide  for  deficiency  in  appropri- 
ation for  payment  of  rewards  offered:  Stats. 
1881,  49. 

The  executive  department.— The  supreme  execu- 
tive power  in  a  State  is  vested  in  its  Governor: 
Const.  Cal.,  art.  5,  sec.  1.  In  him  rests  the  im- 
portant duty  of  seeing  that  the  laws  are  faithfully 
executed:  Id.,  sec.  7.  These  two  sections  of  the 
California  constitution  simply  declare  what  is 
knowu  to  be  the  theory  of  the  American  State 
and  national  constitutions  witli  respect  to  the  ex- 
ecutive. His  other  various  powers  and  duties  are 
defined  in  the  above  article  of  the  California  con- 
stitution, and  in  the  section  to  which  this  note  is 
appended.  Other  powers  or  duties  the  executive 
cannot  exercise  or  assume  except  by  legislative  au- 
thority: Cooley  Const.  Lim.,  sec.  115;  and  such 
powers  as  the  constitution  confers  upon  him  can- 
not be  taken  away  by  the  legislature,  nor  his  con- 
stitutional duties  be  imposed  by  that  body  upon 
others:  Id.  But  in  the  absence  of  any  provision 
for  the  appointment  or  election  of  a  specified  offi- 
cer, it  is  competent  for  the  legislature,  tinder  con- 
stitutional authority,  to  provide  the  method  of 
election  or  appointment:  Const.  Cal.,  art.  20,  sec.  4. 

Act  authorizing  employment  of  stenographer: 
See  post.  Appendix,  p.  10.35. 

Portraits  of  Governors:  See  post.  Appendix,  p. 
1035. 

§  381.  Within  ten  days  after  the  meeting  of  the 
legislature  the  Governor  miist  transmit  to  it  a  list 
of  all  appointments  made  by  him  under  the  pro- 
visions of  section  1000. 

Appointments  to  fill  vacancies — occurring  during 
recess  of  legislature:  Sec.  1000. 


73  Executive  Officers.  §§  382-386 

§  382.  The  Governor  must  cause  to  be  kept 
the  following  records: 

1.  A  register  of  all  applications  for  pardon  or 
for  commutation  of  any  sentence,  with  a  list  of 
the  official  signatures  and  recommendation  in  fa- 
vor of  each  application; 

2.  A  register  of  statements  in  capital  cases 
made  to  him,  with  his  action  thereon; 

3.  An  account  of  all  his  official  expenses  and 
disbursements,  including  the  incidental  expenses 
of  his  department,  and  of  all  rewards  offered  by 
him  for  the  apprehension  of  criminals  and  persons 
charged  with  crime; 

4.  A  register  of  all  appointments  made  by  him, 
with  date  of  commission,  names  of  appointee  and 
predecessor; 

5.  A  record  of  all  persons  eontined  in  the  State 
prison,  showing  the  name  of  the  convict,  his  .age, 
and  general  appearance,  when  and  where  convict- 
ed, and  of  what  crime,  the  time  of  his  sentence, 
and  wlien  such  time  expires. 

§  383.  Every  provision  in  the  laws  of  this  State 
in  relation  to  the  powers  and  duties  of  the  Gov- 
ernor, and  in  relation  to  acts  and  duties  to  be  per- 
formed by  others  toward  him,  extends  to  the  per- 
sons performing  for  the  time  being  the  duties  of 
Governor:  See  Const.  Cal..  art.  .5,  sees.  15,  16. 

Lieutenant  Governor  acting  as  Governor:  Const. 
Cal.,  art.  .5.  see.  17. 

§  384.  The  annual  salary  of  the  Governor,  to 
include  all  services  rendered  ex  officio  as  mem- 
ber of  any  boai'd  or  commission  as  now  required, 
or  which  may  be  by  law  hereafter  devolved  upon 
him.  six  thousand  dollars.  [Amendment  approved 
April  23;  Amendments  1880,  p.  84.  In  effect  July 
1,  1880.] 

From  "to  include"  is  new,  as  well  as  a  reduction 
of  the  salary  from  seven  thousand  dollars. 

§  385.  The  annual  salary  of  the  private  secre- 
tary of  the  Governor,  is  four  thousand  dollars.  [In 
effect  March  4,  1889.] 

§  386.    The  executive  secretary  of  the  Governor 
is  ex-officio  secretary  of  the  board  of  State  capitol 
Pol.  Code"-?. 


§§  396-397  Executive  Officers.  74 

commissioners.  The  annual  salary  of  the  execu- 
tive secretary  of  the  Governor  and  ex-officio  sec- 
retary of  the  board  of  State  capitol  commissioners 
is  two  thousand  six  hundred  dollars.  [In  effect 
March  19,  1889.] 

The  following  statutes  served  as  a  basis  for  the 
foregoing  article:  1868,  508;  1858,  22;  1861,  183 
1860,  93;  1870,  516;  1853,  44;  1857,  149;  1852,  138 
1870,  688;  1863,  150;  1870,  331;  1863,  647;  1870,  714 
1868,  336;  1850,  46;  1870,  344;  1870,  329;  1870,  716 
1870,  663;  1868,  522;  1868,  606;  1870,  451;  1862,  448 
1870,  359. 


ARTICLE  IV. 

LIEUTENANT     GOVERNOR. 

§  396.    Duties  of. 

§  397.    Compensation  of 

§  396.  The  duties  of  the  Lieutenant  Governor 
are  prescribed  by  the  Constitution.  [Amendment 
approved  April  23;  Amendments  1880,  p.  86.  In 
effect  July  1,  1880.] 

Prescribed  by  the  Constitution— duties  of  Lieu- 
tenant Governor:  Const.  Cal.,  art.  5,  sees.  15,  16. 

Lieutenant  Governor— generally:  See  same  sec- 
tions of  Constitution.  Liability  to  impeachment. 
Const.  Cal.,  art.  4,  sec.  18.  As  Governor  pro  tem- 
pore, see  ante,  sec.  383. 

§  397.  The  Lieutenant  Governor  shall  receive 
the  same  per  diem  and  mileage,  and  sum  for  con- 
tingent expenses,  as  the  speaker  of  the  assembly, 
and  only  during  the  session  of  the  legislature. 
[Approved  April  23.    In  effect  July  1,  1880.] 

Lieutenant  Governor's  compensation— fixed  by 
amdt.  1880,  pursuant  to  Const.  Cal.  1879,  art.  5, 
sec.  19. 


75  Executive  Officers.  §  407 


ARTICLE  V. 

OP    THE    SECRETARY    OF    STATE. 

§  407.  Custody  of  records. 

§  408.  Duties  of  Secretary  of  State. 

§  409.  Distribution   of   Statutes   and  Journals. 

§  410.  Distribution   of  reports   of   Supreme   Court. 

§  411.  To  mark  books  distributed. 

§  412.  To   superintend   and   take  charge  of   Capitol. 

§  413.  To  furnish     fuel  and  stationery. 

§  414.  Expenses  for  fuel,  etc.,  how  paid. 

§  41.5.  Translation  of  laws  into  Spanish,  etc. 

§  416.  Fees. 

§  417.  Salary  of  Secretary. 

§  418.  Salary  of  Deputy. 

§  419.  Salary   of   Clerk. 

§  420.  Salary  of  Recording  Clerks. 

§  421.  Salary   of   General    Clerk. 

§  422.  Salary  of  Special  Clerks. 

§  423.  Official  bond. 

§  424.  Accounts  of  expenditures. 

g  425.  Police  for  capitol  grounds. 

§  407.'  The  secretary  of  state  is  charged  with 
the  custody: 

1.  Of  the  enrolled  copy  of  the  Constitution; 

2.  Of  all  acts  and  resolutions  passed  by  the  leg- 
islature ; 

3.  Of  the  journals  of  the  legislature; 

4.  Of  the  great  seal; 

5.  Of  all  books,  records,  deeds,  parchments, 
maps,  and  papers  kept  or  deposited  in  his  office 
pursuant  to  law. 

General  basis  of  article:  Stats.  1854,  pp.  117,  118, 
177;  18G1,  p.  413;  1863,  p.  703;  1866,  p.  103,  156,  270; 
1868,  pp.  447,  448,  660;  1870,  pp.  373,  517. 

Secretary  of  State— has  custody  of  official  re- 
cords: See  Const.  Cal.,  art.  5,  sec.  19.  Subject  to 
impeachment.  Const.  Cal.,  art.  4,  sec.  18.  Grants 
and  commissions  countersigned  by,  Const.  Cal., 
art.  5,  sec.  14.  Revision  of  Constitution,  assist- 
ant in  canvassing  returns  on.  Const.  Cal..  art.  18, 
sec.  2.  Mode  of  election  and  term  of  office,  sec. 
348. 


§  408  Executive  Officers.  76 

§  408.  Ill  addition  to  the  duties  prescribed  by 
the  Coiistitutiou,  it  is  ttie  duty  of  the  secretary 
of  state: 

First— To  attend  at  every  session  of  the  legisla- 
ture, for  the  purpose  of  receiving  bills  and  resolu- 
tions thereof,  and  to  perform  such  other  duties 
as  may  be  devolved  upon  him  by  resolution  of  the 
two  houses,  or  either  of  them; 

Second — To  keep  a  register  of,  and  attest  the  offi- 
cial acts  of,  the  Governor; 

Third— To  affix  the  great  seal  with  his  attesta- 
tion, to  commissions,  pardons,  and  other  public  in- 
struments, to  which  the  official  signature  of  the 
Governor  is  required; 

Fourth — To  record  in  proper  boolvs  all  convey- 
ances made  to  the  State,  and  all  articles  of  in- 
corporation filed  in  his  office; 

Fifth— To  receive  and  record  in  proper  boolis 
the  official  bonds  of  all  the  otBcers  whose  bonds 
are  fixed  by  part  three  of  this  Code,  and  then  to 
deliver  the  originals  to  the  State  treasurer; 

Sixth— To  record  in  a  proper  booli  all  changes  of 
names  certified  to  him  by  the  county  clerks,  in  the 
manner  in  which  sucli  record  is  now  made; 

Seventli — To  talce  and  file  in  his  office  receipts  for 
all  books  distributed  by  him,  and  to  direct  the 
county  clerk  of  each  county  to  do  the  same; 

Eighth— To  certify  to  the  Governor  the  names  of 
those  persons  wlio  have  received  at  any  election 
the  highest  number  of  votes  for  any  office,  the  in- 
cumbent of  which  is  commissioned  by  the  Gov- 
ernor; 

Ninth— To  furnish,  on  demand,  to  any  person 
paying  the  fees  therefor,  a  certified  copy  of  all  or 
any  part  of  any  law.  record,  or  other  instrument 
filed,  deposited,  or  recorded  in  his  office; 

Tenth— To  deliver  to  the  State  printer,  at  the 
earliest  day  practicable  after  the  final  adjourn- 
ment of  each  session  of  the  legislature,  an  index 
of  all  laws,  resolutions  (with  marginal  notes),  and 
journals,  kept,  passed,  or  adopted  at  such  session; 

Eleventh— To  notify,  in  writing,  the  district  at- 
torney of  the  proper  county  of  the  failure  of  any 
officer  in  his  county  to  file  in  his  office  the  sworn 
stntement  of  fees  received  by  such  officer; 

Twelftli— To  present  to  the  legislature,  at  the 
commencement  of  each  session  thereof,  a  full  ac- 


77  Executive  Officers.  §  409 

count  of  all  purchases  made  and  expenses  incur- 
red by  him  in  furnishing  fuel,  lights,  and  station- 
ery. 

Thirteenth— To  keep  a  fee  book,  in  which  must 
be  entered  all  fees,  commissions,  and  compensa- 
tion of  whatever  nature  or  kind  by  him  earned, 
collected,  or  charged,  with  the  date,  name  of  pay- 
or, paid  or  not  paid,  and  the  nature  of  the  service 
In  each  case,  which  booli  must  be  verified  annu- 
ally by  his  affidavit  entered  therein; 

Fourteenth— To  file  in  his  office  descriptions  of 
seals  in  use  by  the  different  State  officers,  and  fur- 
nish such  officers  with  new  seals  whenever  re- 
quired; 

Fifteenth — To  discharge  the  duties  of  member  of 
the  State  board  of  examiners.  State  capitol  com- 
missioner. State  sealer  of  weights  and  measures, 
and  all  other  duties  I'equired  of  him  by  law; 

Sixteenth— To  report  to  the  Governor,  at  tlie 
time  prescribed  in  section  three  hundred  and  thir- 
ty-two of  this  Code,  a  detailed  account  of  all  his 
official  actions  since  his  previous  reports,  and  ac- 
companying the  report  with  a  detailed  statement, 
under  oath,  of  the  manner  in  which  all  appropria- 
tions for  his  office  have  been  expended; 

Seventeenth— He  must  distribute  of  the  bound 
volumes  of  the  decisions  of  the  Supreme  Court, 
as  soon  as  he  receives  them: 

P^irst- To  each  State,  one  copy; 

Second— To  the  library  of  Congress,  the  State 
library,  and  the  Supreme  Court  Library,  two 
copies  each; 

Third— To  each  department  of  this  State,  and  to 
each  of  the  United  States  District  Judges  for  this 
State,  .iustices  of  the  Supreme  Court,  and  judges 
of  the  Superior  Courts,  one  copy; 

Fourth— To  each  district  attorney  and  county 
(•lerk,  one  copy; 

Fifth— To  the  reporter  of  the  decisions,  ten 
copies.  [Amendment  approved  April  23;  Amend- 
ments 1880,  p.  85.    In  effect  July  1,  1880.] 

Duties  prescribed  by  Constitution:  See  Const. 
Cal.,  art.  5,  sec.  19. 

§  409.  Immediately  after  the  laws,  resolutions, 
and  .iournals.. mentioned  in  subdivision  9  of  the  pre- 
ceding section  are  bound,  the  secretary  of  state 
must  distribute  the  same  as  follows: 


§  410  Executive  Officers.  7S 

1.  To  each  department  of  the  government  at 
Washington  and  of  the  government  of  this  State, 
one  copy; 

2.  To  the  library  of  Congress,  the  State  library, 
and  to  the  Supreme  Court  library,  two  copies 
each; 

3.  To  each  of  the  States,  two  copies; 

4.  To  each  of  our  members  of  Congress,  and  to 
each  of  the  United  States  district  judges,  judges 
of  the  Supreme,  District,  and  County  courts  of  this 
State,  and  to  the  Municipal,  Criminal,  and  Probate 
Courts  of  the  city  and  county  of  San  Francisco; 
one  copy; 

5.  To  the  Lieutenant  Governor,  each  member  of 
the  legislature,  secretary  of  the  Senate,  and  clerk 
of  the  Assembly,  at  the  session  when  such  laws 
and  journals  were  adopted,  one  copy; 

6.  To  each  of  the  incorporated  colleges  of  the 
State,  the  university,  and  to  such  other  literary 
and  scientific  institutions  as  in  his  opinion  may  se- 
cure an  interchange  of  worlds,  one  copy; 

7.  Of  the  laws  alone,  to  the  county  clerk  of  each 
county,  in  the  cheapest  and  most  expeditious  man- 
ner, to  be  by  tlie  sherifi!  distributed  under  the  di- 
rections of  the  clerk,  one  copy  for  the  board  of 
supervisors,  one  copy  to  each  county  officer,  and 
each  justice  of  the  peace;  and  of  the  journals,  three 
copies  of  each  house  to  each  county  clerk,  for  the 
use  of  the  county. 

§  410.  He  must  distribute  of  the  bound  volumes 
of  the  decisions  of  the  Supreme  Court,  as  soon 
as  he  receives  them: 

1.  To  each  State,  one  copy; 

2.  To  the  library  of  Congress,  the  State  libraiT, 
and  the  Supreme  Court  library,  two  copies  each; 

3.  To  each  department  of  this  State,  and  t<^ 
each  of  the  United  States  district  judges  for  this 
State,  supreme,  district  and  county  judges,  and  the 
judges  of  the  municipal,  criminal  and  the  probate 
courts  of  the  city  and  county  of  San  Francisco, 
one  copy: 

4.  To  each  district  attorney  and  county  clerk, 
one  copy; 

5.  To  the  reporter  of  the  decisions,  ten  copies. 
Same  provision — incorporated,     with     necessary 

alterations,  in  sec.  4US.  as  subd.  17,  by  amdt.  1S8U. 


79  Executive  Officers.  §§  411-416 

Distribution  of  Codes,  etc.:  See  Stats.  1872,  p. 
481. 

§  411.  Tlie  secretary  of  state  must  indelibly 
mark  each  booli  distributed  to  officers  in  tliis 
State  (except  legislative  officers  and  the  reporter) 
with  the  name  of  the  county  to  which  and  the  offi- 
cial designation  of  the  officer  to  whom  it  is  sent. 
Such  boolvs  remain  the  property  of  the  State,  and 
must  be  by  the  officers  receiving  them  delivered  to 
their  successors. 

§  412.  The  secretary  of  state  is  the  superin- 
tendent and  has  charge  of  the  State  capitol,  and 
he  must  lieep  the  same  together  with  all  property 
therein,  in  good  order  and  repair. 

State  capitol:  See  under  Seat  of  Government, 
.sec.   145. 

§  413.  Fuel,  lights,  and  stationery  for  the  Sen- 
ate and  Assembly,  Supreme  Court,  and  State  and 
Supreme  Court  libraries,  and  for  all  officers  hav- 
ing their  offices  or  chambers  in  the  State  capitol, 
must  be  furnished  by  the  secretary  of  state. 

Fuel,  lights  and  stationery— accounting  to  leg- 
islature for:  Sec,  408,  subd.  12. 

§  414.  The  expenses  incurred  by  him  in  carry- 
ing into  effect  the  provisions  of  sections  409,  410, 
412,  and  413,  must  be  audited  by  the  board  of  ex- 
aminers and  paid  out  of  any  moneys  specially  ap- 
propriated  for  that  purpose. 

Board  of   Examiners:   Sees.   054-683. 

§  415.  [Eepealed  March  9,  1897;  Amendments 
1897,  chap.  xcvi.    In  effect  immediately.] 

Laws  to  be  published  in  English  language — 
only:  Const.  Cal.,  1879,  art.  4,  sec.  24. 

§  416.  The  secretary  of  state,  for  services  per- 
formed in  his  office,  must  charge  and  collect  the 
following  fees: 

1.  For  a  copj'  of  any  law,  resolution,  record,  or 
other  document  or  paper  on  file  in  his  office,  twen- 
ty cents  per  folio; 

2.  For  affixing  certificate  and  seal  of  State,  two 
dollars; 

3.  For  filing  articles  of  incorporation,  five  dol- 
lars; 


§  416  Executive  Officers.  80 

4.  For  recording  articles  of  incorporatiou,  twen- 
ly  cents  per  folio; 

5.  For  issuing  each  certificate  of  incorporation, 
three  dollars; 

6.  For  receiving  and  recording  each  official 
bond,  five  dollars; 

7.  For  each  commission,  passport,  or  other  doc- 
ument signed  by  the  Governor  and  attested  by  the 
secretary  of  state  (pardons,  military  commissions, 
and  extradition  papers  excepted),  five  dollars; 

8.  For  each  patent  for  land  issued  by  the  Gov- 
ernor, if  for  one  hundred  sixty  acres  or  less,  one 
dollar;  and  foi-  each  additional  one  hundred  sixty 
acres  or  fraction  thereof,  one  dollar; 

9.  For  searching  records  and  archives  of  the 
State,  one  dollar; 

10.  For  filing   trademark,   three   dollars; 

11.  For  filing  and  recording  notice  of  appoint- 
ment of  agent,  five  dollars; 

12.  For  tiling  and  recording  notice  of  removal 
of  place  of  business,  five  dollars; 

13.  For  filing  certificate  of  increase  or  decrease 
of  capital  stoclc,  five  dollars; 

14.  For  issuing  certificate  of  increase  or  de- 
crease of  capital  stoclj,  three  dollars; 

15.  For  tiling  certificate  of  continuance  of  exist- 
ence, five  dollars; 

16.  For  issuing  certificate  of  continuance  of  ex- 
istence, three  dollars; 

17.  For  certificate  of  appointment,  qualification, 
and  term  of  office  of  notary  public,  one  dollar; 

18.  For  recording  miscellaneous  documents  or 
papers,  per  folio,  twenty-five  cents; 

No  member  of  the  legislature  or  State  officer  shall 
be  charged  for  any  search  relative  to  matters  ap- 
pertaining to  the  duties  of  their  offices;  nor  shall 
they  be  charged  any  fee  for  a  certified  copy  of  any 
law  or  resolution  passed  by  the  legislature  relative 
to  their  official  duties.  All  fees  collected  by  the 
secretary  of  state  must,  at  the  end  of  each  month, 
be  paid  into  the  State  treasury  and  shall  consti- 
tute the  State  library  fund.  [Amendment  ap- 
proved March  16.  1895;  Stats.  1895.  p.  63.  In  effect 
March  16,  1S95.] 

Fee  book:  Sec.  408,  subd.  13.  Certified  copies  of 
documents  to  be  furnished  on  payment  of  fees,  sec. 
408,  subd.  9. 


SI  Executive  Officers.  §§  417-424 

§  417.  The  annual  salary  of  the  secretary  of 
state,  to  include  all  services  rendered  ex-officio  as 
member  of  any  board  or  commission  as  now  re- 
quired, or  which  may  be  by  law  hereafter  devolved 
upon  him,  is  three  thousand  dollars.  [Approved 
April  23;  Amendments  1880,  p.  80.  In  effect  July 
1,  ISSO.] 

Salary  of  secretary  of  state— under  amdt.  1880 
corresponds  with  Const.  Cal.,  1879,  art.  5,  sec.  19. 

§  418.  The  annual  salary  of  the  deputy  secre- 
tary of  state  is  two  thousand  four  hundred  dol- 
lars. [Approved  April  1,  1878;  Amendments  1877- 
8,  p.  4.    In  effect  December  1,  3879.] 

Not  altered  in  effect. 

S  419.  The  annual  salary  of  the  bookkeeper 
shall  be  two  thousand  dollars.  [Amendment  ap- 
proved April  23;  Amendments  1880,  p.  86.  In  ef- 
fect July  1,  1880.] 

Originally  "'clerk,"  with  two  thousand  four  hun- 
dred dollars  annual  salary. 

§  420.  Tlie  annual  salary  of  each  recording 
clerk  for  the  secretary  of  state  is  sixteen  hundred 
dollars.  [Amendment  approved  April  23;  Amend- 
ments 1880,  p.  80.     In  effect  July  1,  1880.] 

Lessened  two  hundred  dollars. 

§  421.  [Repealed  April  23;  Amendments  1880, 
p.  88.     In  effect  July  1,  1880.] 

§  422.  The  secretary  of  state,  during  each  leg- 
islative year,  from  January  until  April,  inclusive, 
may  employ  two  special  clerks,  at  a  monthly  sal- 
ary not  exceeding  one  hundred  and  twenty-five 
dollars  each.  [Amendment  approved  April  23; 
Amendments  1880,  p.  80.    In  effect  July  1,  1880.] 

Lessened  twenty-five  dollars. 

§  423.    The  secretary  of  state  must  execute  an 
official  bond  in  the  sum  of  ten  thousand  dollars. 
Official  bonds:  Sees.  947  et  seq. 
Filing  bond  by  secretary  of  state:  Sec.  949. 

§  424.  All  State  officers  and  appointees  shall 
produce  itemized  accounts  for  all  moneys,   other 


§§  425-433  Executive  Officers.  82 

than  salaries,  expended  by  them,  accompanied  by 
affidavit  that  the  money  has  been  expended.  [New 
section  approved  April  1,  1878;  Amendments  1877- 
8.  p.  l>.     In  effect  December  1,  1879.] 

The  preceding  article  is  based  upon  the  following 
statutes:  1854,  117,  118,  177;  1868.  447,  448,  660; 
1866,  103,  156,  270;  1870,  373,  517;  1861,  413;  1863, 
703.  I        •  « 

Act  prohibiting  creation  of  debt  in  excess  of  ap- 
propriation: See  General  Laws,  title  "Public 
Debt." 

§  425.  The  board  of  capitol  commissioners  shall 
appoint  three  special  policemen,  to  hold  office  dur- 
ing its  pleasure,  for  the  State  capitol  grounds,  who 
shall  have  the  power  of  peace  officers,  and  receive 
for  their  services  a  salary  of  one  hundred  dollars 
per  month  each,  payable  as  the  salaries  of  other 
State  officials.     [In  effect  March  20,  1889.] 


ARTICLE  YI. 

CONTROLLER. 

§  433.  General  duties  of. 

§  434.  Certificate  of  settlement. 

§  435.  Special  duties  connected  with  School  Fund.    . 

§  436.  Order  in  which  warrants  must  be  drawn. 

§  437.  Proceedings  against  defaulters. 

§  438.  Salary. 

§  439.  Salary   of  Deputy  Controller. 

§  440.  Salary  of  Bookkeeper. 

§  441.  Salary  of  Clerks. 

§  442.  Official  bond. 

§  443.  Controller   to   estimate   and   certify     school     tax     of 

year. 

§  444.  Grammar  School  fund.     (Repealed.) 

§  433.    It  is  the  duty  of  the  controller: 

1.  To  superintend  the  fiscal  concerns  of  the 
State; 

2.  To  report  to  the  Governor,  on  the  second 
Monday  iu  October  next  preceding  each  regular 
session  of  the  legislature,  a  statement  of  the  funds 
of  the  State,  its  revenues,  and  of  the  public  ex- 
penditures duriug  the  two  preceding  fiscal  years, 
together  with  a  detailed  estimate  of  the  expendi- 


83  Executive  Officers.  §  433 

tures  to  be  defrayed  from  the  treasury  for  the  two 
ensuing  fiscal  years,  specifying  therein  each  ob- 
ject of  expenditure,  and  distinguishing  between 
sudh  as  are  provided  for  by  permanent  or  tempo- 
rary appropriations  and  such  as  must  be  provided 
for  by  a  new  statute,  and  suggesting  the  means 
from  which  such  expenditures  are  to  be  defrayed; 

3.  To  accompany  his  biennial  report  with  tab- 
ulai;  statements,  showing:  1.  The  amount  of  each 
appropriation  for  the  two  preceding  fiscal  years, 
the  amounts  expended,  and  the  balance,  if  any; 
2.  The  amount  of  revenue  chargeable  to  each  coun- 
ty for  such  years,  the  amount  paid,  and  the 
amount  unpaid  or  due  therefrom; 

4.  When  requested,  to  give  information  in  writ- 
ing to  either  house  of  the  legislature  relating  to 
the  fiscal  atfairs  of  the  State  or  the  duties  of  his 
office; 

5.  To  suggest  plans  for  .the  improvement  and 
management  of  the  public  revenues; 

6.  To  keep  and  state  all  accounts  in  which  the 
State  is  interested; 

7.  To  keep  an  account  of  all  warrants  drawn 
upon  the  treasurer,  and  a  separate  account  under 
the  head  of  each  specific  appropriation,  showing 
at  all  times  the  unexpended  balance  of  such  appro- 
priation; 

8.  To  keep  an  account  between  the  State  and 
the  treasiu'er,  and  therein  charge  the  treasurer 
with  the  balance  in  the  treasury  when  he  came 
into  office,  and  with  all  moneys  received  by  him, 
and  credit  him  with  all  warrants  drawn  on  and 
paid  by  him; 

9.  To  keep  a  register  of  warrants,  showing  the 
fund  upon  which  they  are  drawn,  the  number,  hi 
whose  favor,  for  what  service,  the  appropriation 
applicable  to  the  payment  thereof,  when  the  lia- 
bility accrued,  and  a  receipt  from  the  person  to 
whom  the  warrant  is  delivered; 

10.  To  audit  all  claims  against  the  State  in  cases 
where  there  is  [are]  sufficient  provisions  of  law 
for  the  payment  thereof; 

11.  To  examine  and  settle  the  accounts  of  all 
persons  indebted  to  the  State,  and  to  certify  tiie 
amount  to  the  treasurer,  and  upon  presentation 
and  filing  of  the  treasurer's  receipt  therefor  to 
give  such  person  a  discharge  and  charge  the  treas- 
urer therewith; 


§  433  Executive    Officers.  84 

12.  In  his  discretion  to  require  any  person  pre- 
senting an  account  for  settlement  to  be  sworn  be- 
fore bim,  and  to  answer  orally  or  in  writing,  as 
to  any  facts  relating  to  it; 

13.  To  require  all  persons  who  have  received 
any  moneys  belonging  to  the  State  and  have  not 
accounted'  therefor  to  settle  their  accounts; 

14.  In  his  discretion  to  inspect  the  books  of  any 
person  charged  with  the  receipt,  safe  keeping,  or 
disbursement  of  public  moneys; 

15.  In  his  discretion,  to  require  all  persons  who 
have  received  moneys  or  securities,  or  have  had 
the  disposition  or  management  of  any  property  of 
the  State  of  which  an  aceoimt  is  kept  in  his  office, 
to  render  statements  thereof  to  him,  and  all  such 
persons  must  render  such  statement  at  such  times 
and  in  such  form  as  he  may  require: 

16.  To  direct  and  superintend  the  collection  of 
aU  moneys  due  the  State,  and  institute  suits  in  its 
name  for  all  official  delinquencies  in  relation  to 
the  assessment,  collection,  and  payment  of  the  rev- 
enue, and  against  persons  who  b,v  any  means  have 
become  possessed  of  public  money  or  property  and 
fail  to  pay  over  or  deliver  the  same,  and  against 
all  debtors  of  the  State:  of  which  suits  the  courts 
of  Sacramento  county  have  .iurisdietion.  without 
regard  to  the  residence  of  the  defendants: 

17.  To  draw  warrants  on  the  treasurer  for  the 
payment  of  moneys  directed  by  law  to  be  paid  out 
of  the  treasury:  but  no  warrant  must  be  drawn 
unless  authorized  by  law.  and  upon  an  tmexhaust- 
ed  specific  appropriation  provided  by  law  to  meet 
the  same.  Every  wnrrant  must  be  drawn  upon 
the  fund  out  of  which  it  is  payable,  and  specify 
the  service  for  which  it  is  dra^wn.  when  the  linhil- 
itv  accrued,  and  the  specific  appropriation  applica- 
ble to  the  payment  thereof: 

18.  To  furnish  the  State  treasurer  with  a  list  of 
warrants  drawn  upon  the  treasury: 

19.  To  have  printed  and  forwarded  to  the  audi- 
tor of  each  county  blank  State  licenses; 

20.  To  authenticate  with  his  official  seal  all 
drafts  and  warrants  drawn  by  him,  and  all  copies 
of  papers  issued  from  his  office; 

21.  To  perform  the  duties  of  a  member  of  the 
State  board  of  equalization,  and  of  the  State  board 


85  Executive  Officers.  §§  434,435 

of  tide  land  commissioners,  and  such  other  duties 
as  are  prescribed  by  law. 

Controller— impeachable:  Const.  Cal.,  art.  4,  sec. 
18.  Election,  sec.  348,  Const.  Cal.,  art.  5,  sec.  17. 
Compensation,  sec.  438.  State  board  of  equaliza- 
tion, ex-officio  member  of.  Const.  Cal.,  art.  13,  sec. 
9.  Canvasser  of  returns  of  election  on  revision  of 
Constitution.  Const.  Cal.,  art.  18,  sec.  2.  Super- 
vision of,  by  board  of  examiners,  sees.  672,  674, 
675,  678. 

Subdivision  11.    Certificate:  See  sec.  434, 

Subdivision  17.  Warrants— authority  to  dravr: 
Sec.  672. 

Punishment  for  willful  omission  of  duty:  Penal 
Code,  sec.  176. 

Act  authorizing^  charge  against  general  fund:  See 
post.  Appendix,  p.  958. 

Lost  warrants— act  relating  to  payment  of:  See 
General  Laws,  title  "Lost  Warrants." 

§  434.  The  certificate  mentioned  in  subdivision 
11  of  section  433  must  show  by  whom  the  payment 
is  to  be  made,  the  amount  thei'eof,  and  the  funds 
into  which  it  is  to  be  paid,  and  must  be  numbered 
in  order,  beginning  with  number  one  at  the  com- 
mencement of  each  fiscal  year. 

§  435.  The  controller  must  keep  a  separate  ac- 
count of  the  school  fund,  and  of  the  interest  and 
income  thereof,  together  with  such  moneys  as  may 
be  raised  by  special  tax,  or  otherwise,  for  school 
purposes.  He  must,  on  the  first  Monday  in  Jan- 
iiary  and  on  the  first  Monday  in  July  in  each  year, 
report  to  the  superintendent  of  public  instruction, 
a  statement  of  the  securities  belonging  to  the 
school  fund,  of  the  moneys  in  the  treasury  subject 
to  apportionment,  and  the  several  sources  from 
whicli  they  accrued.  He  must  draw  his  warrant 
on  the  State  treasurer  in  favor  of  any  county 
treasurer,  whenever  such  county  treasurer  pre- 
sents, with  his  indorsement,  an  order  drawn  by 
the  superintendent  of  public  instruction  in  favor 
of  such  county;  and  the  warrant  so  drawn  is  not 
subject  to  the  provisions  of  article  eighteen  of 
this  chapter.  [Amendment  approved  March  31, 
1891;  Stats.  1891,  p.  471. J 

Apportionment  of  State  school  fund:  Sec.  1532, 
subd.  4. 

Pol.  Code— 8 


§§  436-438  Executive  Officers.  86 

School  fund— provisions  of  art.  18  inapplicable: 
See  sees.  654-683,  and  especially  sees.  680,  681. 

§  436.  All  warrants  for  claims  which  have  been 
audited  by  the  board  of  examiners  and  filed  in  his 
office  must  be  drawn  in  the  order  of  the  numbers 
placed  upon  them  by  that  board. 

Board  of  Examiners:  Sees.  654-683. 


§  437.  Whenever  any  person  has  received 
moneys,  or  has  money  or  other  personal  property 
whicli  belongs  to  the  State  by  escheat  or  other- 
wise, or  has  been  intrusted  with  the  collection, 
management,  or  disbursement  of  any  moneys, 
bonds,  or  interest  accruing  therefrom,  belonging  to 
or  held  in  trust  by  the  State,  and  fails  to  render  an 
account  thereof  to,  and  make  settlement  with, 
the  controller  within  the  time  prescribed  by  law, 
or  when  no  particular  time  is  specified,  fails  to 
render  such  account  and  malie  settlement,  or  who 
fails  to  pay  into  the  State  treasury  any  moneys 
belonging  to  the  State,  upon  being  required  so  to 
do  by  the  controller,  within  twenty  days  after 
such  requisition,  the  controller  must  state  an  ac- 
count with  such  person,  charging  twenty-five  per 
cent,  damages,  and  interest  at  the  rate  of  ten  per 
cent,  per  annum  from  [the]  time  of  the  failure; 
a  copy  of  whicli  account  in  any  suit  therein  is 
prima  facie  evidence  of  the  things  therein  stated; 
but  in  case  the  controller  cannot  for  want  of  in- 
formation state  an  account,  he  may  in  any  ac- 
tion brought  by  him  aver  that  fact  and  allege  gen- 
erally the  amount  of  money  or  other  property 
which  is  due  to  or  which  belongs  to  the  State. 
[Amendment  approved  March  30;  Amendments 
1873-4,  p.  7.     In  effect  July  6,  1874.] 

Escheatmeut:  See  Escheated  Estates,  sec.  41. 

Further  duties  of  Controller — as  to  warrants, 
etc.:  See  Stats.  1872.  p.  537;  1874,  pp.  519.  606.  620, 
802,  864. 

§  438.  Tlie  annual  salary  of  the  controller,  to 
include  all  services  rendered  ex-officio  as  member 
of  any  board  or  commission  as  now  required,  or 
vs'hich   may   be  by   law   liereafter   devolved   upon 


87  Executive  Officers.  §§  439-443 

him,  is  three  thousand  dollars.  [Amendment  ap- 
proved Apiil  23;  Amendments  1880,  p.  86.  In  ef- 
fect July  1,  1880.] 

§  439.  The  annual  salary  of  the  deputy  con- 
troller is  tvi^o  thousand  four  hundred  dollars. 
[Amendment  approved  April  1,  1878;  Amendments 
1877-8,  p.  4.     In  effect  December  1,  1879.] 

§  440.  The  annual  salary  of  the  booklieeper 
for  the  controller  is  two  tliousand  dollars.  [Ap- 
proved April  23,  1878;  Amendments  1877-8,  p.  4. 
In  effect  December  1,  1879.] 

§  441.  The  annual  salary  of  each  clerk  in  the 
controller's  office  is  sixteen  hundred  dollars.  [Ap- 
proved April  23;  Amendments  1880,  p.  87.  In  ef- 
fect July  1,  1880.] 

The  salaries  were  lessened  in  each  of  the  last 
four  sections. 

§  442.    The  controller  must  execute  an  official 
bond   in   the   sum  of  fifty  thousand   dollars. 
Official  bonds:  See  post,  sees.  947  et  seq. 

§  443.  The  State  controller  must,  between  the 
tenth  day  of  August  and  the  first  day  of  Septem- 
ber of  each  year,  estimate  the  amount  necessary 
to  raise  the  sum  of  seven  dollars  for  each  census 
cliild,  between  the  ages  of  five  and  seventeen 
years. in  this  State,  whicli  sliall  l)e  the  amount  nec- 
essary to  be  raised  by  ad  valorem  tax,  for  school 
purposes,  during  the  year,  which  amount  the  con- 
troller must  immediately  certify  to  the  State  board 
of  equalization.  [New  section  approved  March  13, 
1874;  Amendments  1873-4,  p.  84.  In  effect  March 
13,  1874.] 

I'receding  article  is  based  upon  the  following 
statutes:  1850,  47;  1870,  333;  1854,  29;  1870,  827; 
1863,  235;  1866,  691;  1861,  509;  1863,  362;  1853,  146; 
1862,  4;  1857,  16;  1850,  51. 

The  following  special  acts  in  relation  to  the  du- 
ties of  the  controller,  passed  since  the  adoption  of 
the  codes,  may  be  refei-red  to: 

An  act  to  authorize  the  controller  of  state  to  is- 
sue duplicate   warrants   (in   favor  of  trustees   of 


§  444  Executive  Officers.  88 

State  normal  school  and  O.  P.  Fitzgerald),  ap- 
proved January  26.  1872;  1871-2,  38;  repealed  in 
part  by  act  of  March  23,  1872;  1871-2,  537. 

An  act  to  provide  for  the  return  to  the  State 
treasury  and  cancellation  of  certain  controller's 
warrants  (drawn  upon  funds  of  swamp-land  dis- 
tricts and  received  in  payment  of  swamp  lands), 
approved  ]March  23,  1874;  1873-4,  519. 

An  act  to  authorize  the  State  controller  to  issue 
a  duplicate  warrant  (to  P"'riend  &  Terry),  approved 
March  25,  1874;  1873-4,  606. 

An  act  to  authorize  the  controller  of  State  to  is- 
sue duplicate  warrants  (to  Jaclison  Wilcoxson),  ap- 
proved March  20,  1874;  1873-4,  620. 

An  act  authorizing  the  controller  of  State  to 
credit  certain  counties  with  the  amounts  of  old 
balances  due  the  State,  approved  March  30,  1874; 
1873-4,  802. 

An  act  to  provide  for  the  payment  of  certain  con- 
trollers' warrants,  approved  March  30,  1874;  1873- 
4,  864. 

Au  act  to  authorize  transfer  of  one  hundred  and 
three  thousand  dollars  to  funded  debt  fund,  ap- 
proved March  4,  1881;  1881,  48. 

.See.  also,  title  "Fuuds"  in  the  General  Laws, 
fifth  volume  of  these  codes. 

§  444.     [Repealed.     Stats.  1891,  p.  150.] 
The  fund  known  as  the  grammar  school  course 
fund,  provided  for  by  the  statutes  of  1887  (Stats. 
18S7,  p.  124)  was  also  abolished  by  act  approved 
March  20,  1891,  as  follows:— 

The  fund  known  as  the  grammar  school  course 
fund  is  hereby  abolished.  Upon  the  passage  of 
this  act,  the  controller  of  State  is  hereby  author- 
ized and  directed  to  credit  to  the  State  school  fund 
any  and  all  money  that  may  stand  to  the  grammar 
sciiool  course  fund.  All  outstanding  claims 
against  the  grammar  school  cour.se  fund  shall  be 
paid  out  of  the  school  fund.  [Approved  March  26, 
1891;  Stats.  1S91,  p.  164,  sec.  31.] 


89  i  .  Executive  Officers.  §  452 

ARTICLE  VII. 

TREASURER. 

§  452.  General    duties. 

§  453.  Limitations   upon   receipt  and  payment   of   monoy. 

§  454.  General  Fund. 

§  455.  Salary  of  Treasurer. 

§  456.  Salary   of   Clerks. 

§  457.  Watchmen,   appointment   and   salary. 

§  458.  Watchmen,   powers  and  duties. 

§  459.  OfRcial  bond  of  Treasurer. 

§  452.    It  is  the  duty  of  the  treasurer: 

1.  To  receive  and  keep  in  the  vaults  of  the  State 
treasury  all  moneys  belonging  to  the  State,  not  re- 
quired to  be  received  and  liept  by  some  other  per- 
son; 

2.  To  file  and  keep  the  certificates  of  the  con- 
troller delivered  to  him  w^hen  moneys  are  paid  into 
the  treasury; 

3.  To  deliver  to  each  person  paying  money  into 
the  treasury  a  receipt  showing  the  amount,  the 
sources  from  which  tlie  money  accrued,  and  the 
funds  into  which  it  is  paid,  which  receipts  must 
be  numbered  in  order,  beginning  with  number  one 
at  the  commencement  of  each  fiscal  year; 

4.  To  pay  warrants  drawn  by  the  controller  out 
of  tlie  funds  upon  and  in  the  order  in  which  they 
are  drawn; 

5.  Upon  payment  of  any  warrant,  to  take  upon 
the  back  thereof  the  receipt  of  the  person  to 
whom  it  is  paid,  and  file  and  preserve  the  same; 

6.  To  keep  an  account  of  all  moneys  received 
and  disbursed; 

7.  To  keep  separate  accounts  of  the  different 
funds; 

8.  To  report  to  the  controller,  on  the  last  day  of 
each  mouth,  the  amount  disbursed  for  redemption 
of  bonds  and  in  payment  of  warrants  during  the 
month;  which  report  must  show  the  date  and  num- 
ber of  such  bonds  and  warrants,  the  funds  out  of 
which  they  were  paid,  and  the  balance  of  cash  on 
hand  in  the  treasury  to  the  credit  of  each  fund; 

9.  At  the  request  of  either  house  of  the  legis- 
lature, or  of  any  committee  thereof,  to  give  in- 


§§  453-455  Executive  Officers.  90 

formation  iu  writing  as  to  the  condition  of  the 
treasury,  or  upon  any  subject  relating  to  the  du- 
ties of  his  office; 

10.  To  report  to  the  Governor  at  the  time  pre- 
scribed iu  section  332  of  this  Code,  the  exact  bal- 
ance in  the  treasury  to  the  credit  of  the  State,  with 
a  summary  of  the  receipts  aud  payments  of  the 
treasury  during  the  two  preceding  fiscal  years; 

11.  To  authenticate  with  his  official  seal  all 
writings  and  papers  issued  from  his  office; 

12.  To  discharge  the  duties  of  State  capitol  com- 
missioner, aud  such  other  duties  as  may  be  im- 
posed upon  him  by  law. 

Original  basis  of  article:  See  Stats.  1850,  pp.  51, 
63;  1855,  pp.  46.  59;  1856,  p.  230;  1857,  p.  16;  1863, 
pp.  57,  752;  1870,  pp.  333,  738. 

Treasurer — other  duties,  etc.:  See  Stats.  1872,  pp. 
118,  717,  874,  905,  aud  passim  for  special  acts:  See, 
also,  sec.  669.  post.  Supervision,  counting  money, 
etc.,  by  board  of  examiners,  sees.  675-678. 

Acts  authorizing  transfer  of  fuuds:  See  post.  Ap- 
pendix, pp.   1067.  1068. 

Act  authorizmg  cancellation  of  receipts  to  be 
u.sed  as  cash:  See  post.  Appendix,  p.  10(58. 

§  453.  He  must  receive  nojnoney  into  the  treas- 
ury unless  accompanied  by  the  certificate  of  the 
controller  provided  for  in  sections  433  and  434  of 
this  Code,  and  must  pay  none  out  upon  warrants 
issued  for  indebtedness  accruing  prior  to  January 
first,  eighteen  hundred  and  fifty-seven. 

Refunded  debt  of  1857— act  concerning  certain 
duplicate  bonds  of:  Stats.  1872.  p.  905. 

Refunding  money— paid  into  State  treasury,  spe- 
cial legislation  for.  prohibited:  Const.  Cal.,  1879, 
art.  4,  sec.  25,  subd.  15. 

§  454.  The  general  fund  consists  of  moneys  re- 
ceived into  the  treasury  and  not  specially  appro- 
priated to  any  other  fund. 

§  455.  Tlie  annual  salary  of  the  State  treasurer, 
to  include  all  services  rendered  ex-offlcio  as  mem- 
ber of  any  board  or  commission  as  now  required, 
or  which  may  be  hereafter  by  law  devolved  upon 
him,  is  three  thousand  dollars.  [Approved  April 
23.  1880;  Amendments  1880.  p.  87.  In  effect  July 
1,  1880.] 


91  Executive  Officers.  §§  456-470 

Salary  of  treasurer— amdt.  1880  conforms  to 
Const.  Cal.  1879,  art.  5,  sec.  19. 

§  456.  The  annual  salary  of  the  deputy  State 
treasurer  is  twenty-four  hundred  dollars;  the  an- 
nual salary  of  the  boolieeper  of  the  treasurer  of 
State  is  two  thousand  dollars.  [In  effect  March  16, 
1889.]   . 

§  457.  The  treasurer  may  employ  two  watch- 
men, at  an  annual  salary  each  of  twelve  hundred 
dollars. 

§  458.  The  watchmen  must  be  alternately  on 
duty  at  all  hours  of  the  day  and  night,  and  have 
the  same  power  to  make  arrests  as  is  by  the  Penal 
Code  conferred  upon  peace  officers. 

Arrest— by  peace  officer,  Penal  Code,  sec.  836; 
generally.  Penal  Code,  sees.  "834-851. 

§  459.  The  treasurer  must  execute  an  official 
bond  in  the  sum  of  one  hundred  thousand  dollars. 

Official  bonds:  Sees.  947  et  seq. 

Preceding  article  is  based  upon  the  following 
statutes:  1863,  752:  Id.  57:  1870.  333;  Id.  738:  1850, 
63;  1855,  46;  1856,  230;  1855,  59;  1857,  16;  1850,  51. 


ARTICLE  yill. 
ATTORNEY     GENERAL. 

§  470.  General    duties. 

§  471.  Salary. 

§  472.  Salary  of  Deputy. 

§  473.  Official   bond. 

§  474.  Escheated  property. 

§  475.  Clerks. 

§  470.  It  is  the  duty  of  the  attorney  general: 
1.  To  attend  the  Supreme  Court  and  prosecute 
or  defend  all  causes  to  which  the  State  or  any  offi- 
cer tlaereof.  in  his  official  capacity,  is  a  party,  and 
all  causes  to  which  any  county  may  be  a  party, 
unless  the  interest  of  the  county  is  adverse  to  the 
State,  or  some  officer  thereof  acting  in  his  official 
capacity; 


§  470  Executive  Otficers.  <J2 

2.  After  judgment  in  any  of  the  causes  referrevl 
to  iu  the  preceding  section,  to  direct  the  issuing  ot 
such  process  as  may  be  necessary  to  carry  the 
same  into  execution; 

3.  To  account  for  and  pay  over  to  the  proper 
officer  all  moneys  which  may  come  into  his  pos- 
session belonging  to  the  State  or  to  any  county; 

4.  To  keep  a  docket  of  all  causes  in  which  he  is 
required  to  appear,  which  must  during  business 
hours  be  open  to  the  inspection  of  the  public,  and 
must  show  the  county,  district,  and  court  in  which 
the  causes  have  been  instituted  and  tried,  and 
whether  they  are  civil  or  criminal;  if  civil,  the  na- 
ture of  the  demand,  the  stage  of  the  proceedings, 
and,  when  prosecuted  to  judgment,  a  memoran- 
dum of  the  judgment;  of  any  process  issued  there- 
on, and  whether  satisfied  or  not,  if  not  satisfied, 
the  return  of  the  sheriff;  and  if  criminal,  the  na- 
ture of  the  crime,  the  mode  of  prosecution,  the 
stage  of  the  proceedings,  and  when  prosecuted  to 
sentence,  a  memorandum  of  the  sentence  and  of 
the  execution  thereof,  if  the  same  has  been  exe- 
cuted, and  if  not  executed,  of  the  reasons  of  the 
delay  or  prevention; 

5.  To  exercise  supervisory  powers  over  district 
attorneys  in  all  matters  pertaining  to  the  duties 
of  their  offices,  and  from  time  to  time  require  of 
them  reports  as  to  the  condition  of  public  busi- 
ness  intrusted   to  their  charge; 

/-  6.  To  give  his  opinion  in  writing,  without  fee, 
f  to  the  legislature  or  either  house  thereof,  and  to 
the  Governor,  the  secretary  of  state,  controller, 
treasurer,  surveyor  general,  the  trustees  or  com- 
missioners of  State  institutions,  and  any  district 
attorney,  AA'hen  required,  upon  any  question  of  law 
relating  to  their  respective  offices; 

7.  When  required  by  the  public  service,  or  di- 
rected by  the  Governor,  to  repair  to  any  county  in 
the  State  and  assist  the  district  attorney  thereof 
in  the  discharge  of  his  duties; 

8.  To  bid  upon  and  purchase,  in  the  name  of  the 
State  and  under  the  direction  of  the  board  of  ex- 
aminers, any  property  offered  for  sale  under  exe- 
cution issued  upon  judgments  in  favor  of  or  for 
the  use  of  the  State,  and  to  enter  satisfaction,  in 
whole  or  in  part,  of  such  judgments  as  the  con- 
sideration for  such  purchases; 


93  Executive  Officers.  §  471 

9.  Wheuever  the  property  of  a  judgment  debtor 
in  any  judgment  mentioned  in  the  preceding  sub- 
division has  been  sold  under  a  prior  judgment,  or 
is  subject  to  any  judgment,  lieu,  or  incumbrance 
taking  precedence  of  the  judgment  in  favor  of  the 
State,  under  the  direction  of  the  board  of  exam- 
iners, to  redeem  such  property  from  such  prior 
judgment,  lien,  or  encumbrance;  and  all  sums  of 
money  necessary  for  such  redemption  must,  upon 
the  order  of  the  board  of  examiners,  be  paid  out  of 
any  money  appropriated  for  such  purpose; 

10.  When  in  his  opinion  it  may  be  necessary  for 
the  collection  or  enforcement  of  any  judgment 
hereinbefore  mentioned,  to  institute  and  prosecute, 
in  behalf  of  the  State,  such  suits  or  other  proceed- 
ings as  he  may  find  necessary  to  set  aside  and  an- 
nul all  conveyances  fraudulently  made  by  such 
judgment  debtors,  the  cost  necessary  to  the  pros- 
ecution must,  when  alloAved-  by  the  board  of  ex- 
aminers, be  paid  out  of  any  appropriations  for  the 
prosecution  of  delinquents; 

11.  To  discharge  the  duties  of  a  member  of  the 
board  of  examiners,  of  the  board  of  military  audi- 
tors, and  other  duties  prescribed  by  law; 

12.  To  report  to  the  Governor,  at  the  time  re- 
quired by  section  332  of  this  Code,  tlie  condition  of 
the  affairs  of  his  department,  and  to  accompany 
the  same  with  a  copy  of  his  docket  and  of  the  re- 
ports received  by  him  from  district  attorneys. 

y  Original  basis  of  article:  See  Stats.  1850,  p.  55; 
1858,  p.  159;  1864.  p.  360;  1870,  p.  333. 

Duties  of  attorney  general — Sundry  duties  as  to 
printing  materials  and  State  capitol:  Stats.  1872, 
pp.  38.  54.  556.  744.  Land  titles,  to  attend  contests 
to  quiet,  sec.  3413. 

Attorney  general— Impeachment,  subject  to: 
Const.  Cal..  art.  4,  sec.  18.  Mode  and  time  of  elec- 
tion, and  term  of  office:  Sec.  348,  Const.  Cal.,  art. 
5,  sec.  17. 

Acts  autliorizing  attorney  general  to  dismiss  and 
compromise  certain  suits:  See  post.  Appendix,  p. 
957. 

§  471.  The  annual  salary  of  the  attorney  gen- 
eral, to  include  all  services  rendered  ex  officio  as 
member  of  an.v  board  or  commission    as    now  re- 


§  472  Executive  Offl'cers.  94 

quired,  or  whicli  may  be  hereafter  devolved  upon 
him  by  law,  is  three  thousand  dollars.  [Approved 
April  23.  1880;  Amendments  1880,  p.  87.  In  effect 
July  1,  1880.] 

Section  conforms— to  Const.  Cal.  1879,  art.  5, 
sec.  19. 

§  472.  The  attorney  general  may  appoint  one 
assistant,  who  shall  be  a  member  of  the  State 
board  of  examiners  when  the  attorney  general  is 
absent  from  the  capitol,  and  three  deputies,  who 
shall  be  civil  executive  officers.  The  annual  salary 
of  the  assistant  shall  be  twenty-seven  hundred 
dollars;  the  annual  salary  of  the  first  deputy  shall 
be  twenty-four  hundred  dollars;  the  annual  salary 
of  the  second  .deputy  shall  be  twenty-four  hundred 
dollars;  the  annual  salary  of  the  third  deputy 
shall  be  twenty-four  hundred  dollars.  Said  sal- 
aries shall  be  payable  in  the  same  manner  as  sal- 
aries of  other  State  officers. 

Subdivision  1.  The  Attorney  General  shall  not 
employ  special  counsel  in  any  case  except  those 
provided  in  section  four  hundred  and  seventy-four 
of  the  I'olitical  Code. 

Subdivision  2.  The  Attorney  General  shall  have 
charge,  as  attorney,  of  all  legal  matters  in  which 
the  State  is  in  anywise  interested,  except  the  busi- 
ness of  the  regents  of  the  University  of  California 
and  of  the  State  Harbor  Commissioners,  and  no 
board,  officer  or  officers,  or  employee  of  the  State, 
except  said  Kegents  and  said  Harbor  Commission- 
ers, shall  employ  any  attorney  other  than  the  at- 
torney-general, or  one  of  his  assistants  or  deputies, 
in  any  matter  in  which  the  State  is  Interested:  nor 
shall  any  money  be  drawn  out  of  the  treasury,  or 
out  of  any  moneys  appropriated  out  of  the  treas- 
ury, or  out  of  any  special  or  contingent  fund  under 
the  control  of  any  board,  officer  or  officers,  or  em- 
ployee, for  the  pay  of  any  legal  services  rendered 
after  the  passage  of  this  act.  the  provisions  of  any 
existing  statute  to  the  contrary  notwithstanding; 
provided,  that  whenever  a  district  attorney  in  any 
county  of  this  State  shall,  for  any  reason,  become 
disqualified  from  conducting  any  criminal  prosecu- 
tion within  such  county,  the  attorney  general  may 
employ  special  counsel  to  conduct  such  prosecu- 


95  Executive  Officers,  §§  473, 474 

tion,  and  the  attorney's  fee  in  such  case  shall  be 
a  legal  charge  charge  against  the  State. 

Subdivision  3.  All  acts  in  conflict  with  this  act 
are  hereby  repealed. 

Provided  further,  that  nothing  herein  contained 
shall  be  construed  to  prevent  or  deny  the  right  of 
any  board,  officer  or  officers,  or  employee  of  the 
State  to  employ  or  engage  counsel  in  any  matter 
of  the  State,  after  first  having  obtained  the  writ- 
ten consent  so  to  do  of  the  Attorney  General. 
[Amendment  approved  March  16,  1895;  Stats.  1895, 
p.  66.    In  effect  March  16,  1895.] 

Also  amended  in  1891;  Stats.  1891,  p.  135. 

§  473.    Tlie  Attorney-General  must  execute  an 
official  bond  in  the  sum  of  ten  thousand  dollars. 
Official  bonds:    Sees.  947  et  seq. 

§  474.  It  shall  be  the  duty  of  the  Attorney 
General  to  institute  investigation  for  the  discovery 
of  all  real  and  personal  property  which  may  have 
or  should  escheat  to  the  State,  and  for  that  pur- 
pose  shall  have  full  power  and  authority  to  cite 
any  and  all  persons  before  any  of  the  Superior 
Courts  of  this  State  to  answer  investigations  and 
render  accounts  concerning  said  property,  real  or 
personal,  and  to  examine  all  boolis  and  papers  of 
any  and  all  corporations.  When  any  real  or  per- 
sonal property  shall  be  discovered,  which  should 
escheat  to  the  State,  the  Attorney  General  must 
institute  suit  in  the  Superior  Court  of  the  county 
where  said  property  shall  be  situated,  for  recovery, 
to  escheat  the  same  to  the  State.  The  proceed- 
ings in  all  such  actions  shall  be  those  provided 
for  in  title  eight,  part  three,  Code  of  Civil  Pro- 
cedure. The  Attorney  General  may,  for  the  pur- 
poses and  objects  of  this  section,  employ  counsel 
to  act  in  his  place  and  stead  for  the  discovery  and 
recovery  of  both  personal  and  real  property;  and 
in  such  proceedings,  both  in  investigation  for  dis- 
covery or  proceedings  for  recovery,  such  counsel 
so  employed  shall  have  the  power  and  authority 
of  tlie  Attorney  General.  The  compensation  for 
services  of  such  counsel  shall  be  determined  by 
the  board  of  examiners,  and  paid  out  of  the  sums 
so  found  to  be  escheated  and  recovered  to  the 
Slnto.  and  not  otherwise:  provided,  that  the  State 


§§  475-483  Executive  Officers.  96 

of  California  shall  in  no  case  be  responsible  for 
any  charges  for  attorney  fees  for  suits  prosecuted 
under  this  act,  but  the  Attorney  General  is  hereby 
authorized  to  pay  to  the  person  or  persons  discov- 
ering the  same  the  costs  and  charges  of  prosecut- 
ing any  suit  or  suits  under  this  act,  a  sum  not  in 
any  case  exceeding  ten  per  cent  of  the  sums  actu- 
ally received  as  provided  in  this  act.  [Amend- 
ment approved  April  3,  1880;  Amendments  1880,  p. 
18.     In  effect  April  3,  1880.] 

"Superior  Courts"  here  substituted  for  "probate 
courts"  in  original  act. 

Escheated  estates:    See  sec.  41,  ante. 

Preceding  article  founded  on  Stats.  1850,  155; 
1858,  159;  1864,  360;  1870,  333. 

§  475.  The  Attorney  General  may  appoint  two 
clerks  for  his  office;  the  annual  salary  of  each 
clerk  shall  be  sixteen  hundred  dollars;  and  one 
phonograpliic  reporter  at  an  annual  salary  of 
eighteen  hundred  dollars.  Said  salaries  shall  be 
payable  in  the  same  manner  as  the  salaries  of  oth- 
er State  officers. 

1.  Said  clerks  and  reporter  shall  be  civil  execu- 
tive officers. 

2.  All  acts  in  conflict  herewith  are  repealed. 
[Amendment  approved  March  16,  1895;  Stats.  1895, 
p.  65.    In  effect  March  16.  1895.] 

Also  amended  in  1889  and  in  1891. 


ARTICLE  IX. 

SURVEYOR    GENERAL. 

§  483.  Genera!    duties. 

§  484.  Salary. 

§  485.  Salary  of  Deputy  Surveyor  General. 

§  486.  Salary   of   Clerk. 

§  487.  Official  bond. 

§  483.    It  is  the  duty  of  the  Surveyor  General: 
1.    To  discharge  the  duties  relating  to  the  public 

lands  imposed  upon  him  by  Title  VIII,  of  Part  III, 

of  this  Code; 


97  Executive  Officers.  §  483 

2.  Wbeu  required  to  survey  and  mark  the 
boundary  lines  of  counties,  cities,  villages,  and 
towns; 

3.  To  report  to  the  Governor  at  the  time  pre- 
scribed in  Section  332  of  this  Code:  1.  A  state- 
ment of  the  progress  made  in  the  execution  of  the 
survej's  enjoined  on  him  by  law;  2.  An  estimate 
of  the  aggregate  quantity  of  land  belonging  to  the 
State,  and  the  best  information  he  may  be  able  to 
obtain  as  to  the  characteristics  of  the  same;  3. 
An  estimate  of  the  aggregate  quantity  of  all  land 
used  for  or  adapted  to  tillage  and  grazing  within 
each  county  of  the  State;  4.  An  estimate  of  the 
number  of  horses,  cattle,  sheep,  and  swine  within 
each  county  of  the  State;  5.  An  estimate  of  the 
quantity  of  wheat,  rye,  corn,  potatoes,  grapes,  and 
other  agricultural  and  horticultural  productions  of 
the  two  preceding  years,  together  with  his  views 
as  to  the  presence,  cause,  and  remedy  of  any  dis- 
eases or  other  malady  preventing  full  and  perfect 
productions;  G.  An  estimate  of  the  quantity  of  all 
mineral  lands  Avithin  each  county  of  the  State,  and 
the  quantity  and  value  of  each  mineral  produced 
during  the  two  preceding  years,  together  with  a 
description  of  the  localities  in  which  such  minerals 
may  be  found;  7.  All  facts  in  his  opinion  calcu- 
lated to  promote  the  development  of  the  resources 
of  the  State; 

4.  To  require  county  surveyors  and  assessors  to 
collect  and  transmit  to  him.  at  such  times  as  he 
may  direct,  information  relative  to  the  subject 
matter  of  his  biennial  reports; 

.5.  To  authenticate  with  his  official  seal  all  writ- 
ings and  papers  issued  from  his  office; 

().  To  perform  such  other  duties  as  may  be  re- 
quired of  him  by  law. 

Foundation  of  article— see  Stats.  18.50,  pp.  256, 
357;  1S('3.  p.  175;  1870.  p.  330. 

Surveyor  General— Legislature  may  abolish  of- 
fice, Const.  Cal.,  art.  5.  sec.  19.  Impeachable, 
Const.  Cal.,  art.  4,  sec.  18.  Election,  etc.,  see  sec. 
348. 

Subdivision  1.    Public  lands— sees.  3395,  3574. 

Subdivision  2.  Survey  of  boundary  line— lie- 
iweon  Sislviyou  and  Lassen  counties,  see  Stats. 
1872.  p.  886. 

Pol.  Cod 0-0. 


§§  484-498  Executive  Officers.  98 

§  484.  The  annual  salary  of  the  Surveyor  Gen- 
eral, for  all  services  rendered  in  any  capacity 
whatsoever,  is  three  thousand  dollars.  [Approved 
April  23,  1880;  Amendments  1880,  p.  87.  In  effect 
July  1,  1880.] 

Section  conforms  to  Const.  Cal.  1879,  art.  5,  sec. 
19. 

§  485.  The  annual  salary  of  the  Deputy  Sur- 
veyor General,  including  his  services  as  ex-officio 
Deputy  Itegister  of  the  State  Land  office,  is  two 
thousand  four  hundred  dollars.  [Amendment  ap- 
proved April  1.  1878;  Amendments  1877-8,  p.  5. 
In  effect  December  1,  1879.] 

§  486.  The  annual  salary  of  each  clerk  in  the  of- 
fice of  the  Surveyor  General  is  sixteen  hundred 
dollars.  [Amendment  approved  April  23:  Amend- 
ments 1880,  p.  87.    In  effect  July  1,  1880.] 

The  last  three  sections,  as  amended,  lover  the 
salaries. 

§  487.  The  Surveyor  General  must  execute  an 
official  bond  in  the  sum  of  ten  thousand  dollars. 

Official  bond:  Sees.  947  et  seq.  This  article  is 
based  upon  Stats.  1850,  250.  357:  1863.  175;  1870. 
330. 


ARTICLE  X. 

REGISTER     OF     THE      STATE      LAND     OFFICE. 

§  497.  Register  and  Deputy. 

§  498.  Dutie.s  of  Register. 

§  499.  Salary.      (Repealed.) 

5  500.  Salary  of   Clerks. 

S  501.  Fees    of    Register. 

§  502.  Official    bond. 

§  497.  The  Surveyor  General  is  ex-officio  reg- 
ister, and  the  Deputy  Surveyor  General  is  ex-officio 
deputy  register,  of  the  State  land-office. 

Ilegister — see  next  section. 

§  498.    The  duties  of    [the]    Ilegister   are   pre- 
scribed in  Title  Till,  of  Part  III,  of  this  Code. 
Duties  of  Register:  See  sees.  3395-3574,  post. 


'.i'.>  Executive   Officers.  §§  499-50i„ 

§  499.  Sections  four  hundred  and  ninety-nine 
and  six  Iiundred  and  eighty-four  of  the  Political 
Code  are  hereby  repealed.  [Amendments  of 
1880,  p.  2.] 

Section  499,  relating  to  the  salary  of  the  register 
of  the  State  land-offlce,  was  repealed  by  the  act 
of  February  25,  1880;  Amendments  1880,  2  (Ban. 
ed.  10);  tooli  effect  from  passage;  also  by  act  of 
April  23,  1880;  Amendments  1880,  87  (Ban.  ed.  411); 
tooli  effect  from  and  after  July  1,  1880. 

§  500.  The  annual  salary  of  each  clerk  in  the 
register's  office  is  sixteen  hundred  dollars. 
[Amendment  approved  April  2.3;  Amendments 
1880,  p.  87.    In  effect  July  1.  1880.] 

Salary  lessened. 

§  501.  The  Register  must  chai-ge  and  collect 
fees  as  foUow^s:  For  each  certificate  of  purchase, 
duplicate,  or  patent,  three  dollars;  for  certifying 
a  contested  case  to  district  court,  three  dollars; 
for  copies  of  papers  in  his  office,  ten  cents  per 
folio,  and  fifty  cents  for  the  certificate  with  the 
seal  attached;  and  such  other  fees  as  may  be  al- 
lowed by  law.  All  fees  received  by  the  register 
must  be  disposed  of  as  provided  in  Title  VIII,  of 
Part  III,  of  this  Code. 

Disposition  of  fees— see  sec.  3574. 

§  502.    The  register  must     execute     an  official 
bond  in  the  sum  of  ten  thousand  dollars. 
Official  bond:    Sees.  747  et  seq. 
Official  bond— Generally,  see  sees.  947-986. 


§§  T)! 2-517  Executive  Officers.  100 


ARTICLE  XI. 

OF  THE     SUPERINTENDENT     OF     PUBLIC     INSTRUC- 
TION. 


§  512. 

Duties. 

§  513. 

Salary. 

§  514. 

Salary   of   Deputy. 

§  515. 

Salary   of   Clerk. 

§  51t>. 

Traveling   expenses. 

§  517. 

Official   bond. 

§  512.  The  duties  of  the  Superiiitendent  of  Pub- 
lic lustructiou  are  prescribed  in  Title  III,  of  Part 
III,  of  this  Code. 

See  post,  sec.  1532.     See  also  Stats.  1872,  744. 

§  513.  Tlie  annual  salary  of  the  Superintendent 
of  Public  Instruction  is  three  thousand  dollars. 
[Amendmeut  approved  April  1,  1878;  Amendments 
1877-8,  p.  5.     In  effect  December  1,  1879.] 

The  original  omitted  "of  public  Instruction." 

§  514.  The  annual  salary  of  the  Deputy  for  the 
Superintendent  of  Public  Instruction  is  the  same 
as  the  salary  paid  to  deputies  for  other  State  offi- 
cers, namelv,  two  thousand  four  hundred  dollars. 
[In  effect  xMarch  5,  1887.J 

§  515.  The  annual  salary  of  the  Clerk  for  the 
Superintendent  of  Public  Instruction  is  sixteen 
hundred  dollars.  [New  section  approved  April  23; 
Amendments  1880.  p.  87.    In  effect  July  1,  1880.] 

Act  providing-  for  cleric  for  superintendent  of 
public  instruction:  See  Act  of  March  27,  1895; 
Stats.  1895,  p.  238.  in  General  Laws,  under  title 
"Schools." 

§  516.  The  actual  traveling  expenses  of  the  Su- 
perintendent, not  exceeding  ten  hundred  dollars 
annually,  must  be  audited  by  the  Board  of  Ex- 
aminers, and  paid  out  of  the  general  fund  in  the 
State  Treasurv.  [Amendment  approved  April  23, 
1880:  Amendments  1880,  p.  87.  In  effect  July  1, 
1880.] 

Board  of  examiners:     Sees.  654  et  seq. 

§  517.    The  Superintendent  must  execute  an  offi- 
cial bond  iu  the  sum  of  ten  thousand  dollars. 
See  sees.  947-986. 


101  Executive  Officers,  §  526 

ARTICLE  XII. 

SUPERINTENDENT      OF     STATE      PRINTING. 

§  526.  Central  duties. 

§  527.  Number  of  documents  to  be  printed. 

§  528.  Laws;  and  Journals  to  be  printed. 

§  529.  Manner  of  printing. 

§  530.  Election    and   bond. 

§  531.  Further   duties. 

§  532.  Paper.  1 

§  533.  Folding,  stitching  and  binding. 

§  534.  Salary. 

§  535.  Maintenance  of  machinery. 

§  536.  Contingent  expenses,   fund  for. 

§  537.  Warrants  for  wages. 

§  538.  Maps,  engravings,  etc. 

§  539.  Printing  bills. 

§  526.  It  is  the  duty  of-  the  Superiutendent  of 
State  Printing: 

1.  To  print  the  laws;  the  Journals  of  the  Legis- 
lature; reports  of  State  officers;  public  documents 
ordered  to  be  printed  by  the  Legislature;  blanks 
for  the  Supreme  Court,  the  offices  of  Gove'-nor, 
Secretary  of  State,  Controller,  Treasurer  of  State, 
Superintendent  of  Public  Instruction,  Attorney 
General,  Surveyor  General,  and  Register  of  the 
Land  Office;  the  bills,  resolutions,  and  other  job 
printing  which  may  be  ordered  by  either  of  the 
two  houses  of  the  Legislature,  and  all  other  pub- 
lic printing  tor  the  State,  unless  otherwise  express- 
ly ordered  by  law; 

2.  To  publish,  prefixed  to  each  volume  of  the 
laws,  the  names  and  place  of  residence  of  the 
Governor,  and  other  executive  officers  of  the  State, 
Lieutenant  Governor,  Senators,  and  Representa- 
tives in  the  Legislature,  the  presiding  officers  of 
the  Senate  and  Assembly,  and  of  Commissioners 
of  the  State  of  California  residing  out  of  the  State, 
and  in  office  at  the  time  of  such  publication; 

3.  To  perform  the  duties  required  by  the  pro- 
visions of  Article  XII,  Chapter  II,  Title  I,  Part 
III,  of  this  Code,  and  such  other  duties  as  are  im- 
posed upon  him  by  law; 

4.  He  shall  keep  in  his  office,  open  to  public  in- 
spection, a  time  book,  containing  the  name  of  ev- 
ery employee  connected  -with  the  State  Printing 
offiice,  the  time   ei  ^ployed,  the  rate  of  wages,  and 


§  ij26  Executive  Officers.  102 

amount  paid;  and  he  shall  certify,  under  oath,  to 
the  correctness  of  all  claims  for  services  rendered 
and  materials  furnished,  which  certificate  shall  be 
attached  to  and  presented  with  each  claim  that 
shall  be  presented  to  the  Board  of  Examiners  for 
allowance,  and  no  such  claim  shall  be  certified  or 
allowed  unless  it  be  fully  itemized; 

5.  He  shall  file  in  the  oflice  of  the  Secretary  of 
State,  all  proposals,  bids,  contracts,  bonds,  and 
other  papers  appertaining  to  tlie  awarding  of  con- 
tracts now  in  his  possession,  or  Avhich  may  here- 
after come  into  his  possession,  retaining  in  his  of- 
fice copies  of  the  same;  and  the  Secretai'y  of  State 
shall  promptly  furnish  the  Board  of  Examiners, 
for  their  use,  certified  copies  of  all  such  papers; 

6.  All  printing  required  by  any  of  the  State 
departments,  boards,  or  any  State  oflScer,  for  the 
State,  the  order  for  the  same  shall  be  made  out 
upon  a  printed  blank,  with  voucher  attached,  to 
be  furnished  by  the  Superintendent  of  State  Print- 
ing, and  forwaixled  to  the  office  of  said  Superin- 
tendent, who  shall  enter  upon  a  book  kept  in  his 
office  for  that  purpose,  a  transcript  of  said  orders; 
and  shall  return  with  the  work,  when  completed, 
to  the  person  ordering  the  same,  the  original  order 
with  duplicate  voucher  attached;  said  voucher  to 
be  signed  by  the  person  receiving  the  work,  and 
returned  to  the  Superintendent  of  State  Printing, 
and  both  original  and  duplicate  orders  shall  be 
kept  on  file  in  his  office,  and  shall  be  a  sufficient 
vouciier  for  said  worlv.  The  Superintendent  of 
State  Printing  shall  enter  upon  a  book  to  be  kept 
for  said  purpose,  tlie  name,  quantity  and  weight 
of  paper  used  for  each  order  printed.  He  shall 
also  certify,  under  oath,  tliat  all  materials,  stock, 
and  paper  furnished  the  office  under  contracts  are 
of  the  quality,  kind,  and  weight  required  by  such 
contracts:  and  no  claim  arising  under  any  con- 
tract shall  be  allowed  or  paid  unless  accompanied 
by  such  certificate.  He  shall  also  retain  and  file 
in  his  office  one  copy  or  sample  of  each  blank,  cir- 
cular, pamphlet,  book,  legislative  bill,  file,  or  re- 
port, or  any  other  work  emanating  from  the  State 
Printing  office,  excepting  blank  1  ooks,  of  which  he 


108  Executive  Officers.  §  520 

.shall  file  only  sample  sheets.  Said  copies  or  sam- 
ples shall  bear  a  uniform  number  and  date  with 
the  voucher. 

7.  No  printing  for  the  Senate,  or  any  committee 
of  the  same,  shall  be  executed  except  upon  an  offi- 
cial order  of  the  Secretary,  and  no  order  for  any 
printing  shall  be  made  by  that  officer  unless  the 
same  is  ordered  by  a  majority  vote  of  the  Senate. 
All  printing  done  for  the  Senate  shall  be  deliv- 
ered to  the  Sergeaut-at-Arms  of  that  body,  Avhose 
duty  it  shall  be  to  distribute  one-third  of  the 
copies  of  any  document  printed  to  the  members  of 
the  Senate,  and  two-thirds  to  the  Sergeant-at- 
Arms  of  the  Assembly,  who  shall  receipt  therefor, 
for  distribution  to  the  members  thereof.  There 
shall  be  printed  two  hundred  and  forty  copies  of 
all  bills,  resolutions  and  reports  ordered  printed 
by  the  Senate; 

8.  No  printing  for  the  Assembly,  or  any  com- 
mittee of  the  same,  shall  be  executed  except  upon 
an  official  order  of  the  Chief  Clerli,  and  no  order 
for  any  printing  shall  be  made  by  that  officer  un- 
less the  same  is  ordered  by  a  majority  vote  of  the 
Assembly.  All  printing  done  for  the  Assembly 
shall  be  delivered  to  the  Sergeant-at-Arms  of  that 
body,  wliose  duty  it  shall  be  to  distribute  two^ 
thirds  of  the  copies  of  any  document  printed  to 
the  members  of  the  Assembly,  and  one-third  to  the 
Sergeant-at-Arms  of  the  Senate,  who  shall  receipt 
therefor,  for  distribution  to  the  members  thereof. 
There  shall  be  printed  two  hundred  and  forty  cop- 
ies of  all  bills,  resolutions,  and  reports  ordered 
printed  by  tlie  Assembly; 

9.  The  receipts  of  the  respective  Sergeant-at 
Arms  of  the  Senate  and  Assembly  shall  be  a  suffi- 
cient voucher  to  the  Superintendent  of  State  Print- 
ing for  all  Avorlc  done  for  either  house.  [Amend- 
ment approved  April  1,  1878;  Amendments  1877-8, 
p.  7.  In  effect  April  1,  1878;  repealed  all  conflict- 
ing acts.] 

Superintendent  Slate  Printing— office  continued 
as  previously  created,  see  sec.  530.  Duties,  see  sec. 
531.  Election,  qualifications  and  bond,  sec. 
530.  Salary,  sec.  .534.  Subject  to  supervision  of 
printing  expert,  sec.  679. 

Last  three  sul)divisiou.s— added  by  amendment 
1878  to  section  as  amended  in  187G. 


§§  527-528  Executive  Officers,  104 

Const.  Cal.,  1879— duties  of  Superintendent  State 
Printing  as  to  election  concerning:  See  Const.  Cal., 
art.  22,  sees.  4,  5, 

Publication  required — of  Constitutional  amend- 
ments, Const.  Cal.,  art.  18,  sec,  1;  of  laws,  Const. 
Cal.,  art.  4,  sec.  24;  of  Legislative  journals,  Const. 
Cal.,  art.  4,  sec,  10, 

Subdivision  3,  Public  reports— printing  of,  sees, 
332-337, 

Acts  relating  to  State  printer:  See  post,  Appen- 
dix, p.  1064, 

S  527.  Whenever  any  message  or  document,  in 
booli  form  is  ordered  printed  by  either  House,  four 
hundred  and  eighty  copies  thereof,  in  addition  to 
the  number  ordered,  must  be  strucli  off  and  re- 
tained in  sheets,  and  bound  with  the  Journals  of 
the  House  ordering  the  same,  as  an  appendix.  Of 
bills  ordered  printed,  when  the  number  is  not  fix- 
ed in  the  order,  there  must  be  printed  two  hun- 
dred and  forty  copies, 

§  528.  There  must  be  printed  of  the  laws  of 
each  session  of  the  Legislature,  twenty-two  hun- 
dred and  fifty  copies,  in  English,  to  be  deposited 
with  the  Secretary  of  State,  Avho,  after  retaining 
a  sufficient  number  of  said  volumes  for  distribu- 
tion, in  accordance  Avith  the  provisions  of  section 
four  hundred  and  nine  of  the  Political  Code,  shall 
deposit  one  hundred  and  fifty  copies  with  tlie  State 
Librarian;  the  remaining  copies  to  be  sold  at  a 
price  not  to  exceed  three  dollars  per  bound  vol- 
ume; the  moneys  thus  received  to  be  paid  into  the 
State  Treasury  at  the  end  of  each  month,  as  other 
fees  are  paid  by  the  said  Secretary  of  State,  and 
for  the  same  pin-poses,  "Whenever  any  bill,  joint 
or  concurrent  resolution,  is  passed  to  enrollment, 
by  either  the  Senate  or  Assembly,  the  Committee 
on  Enrollment  of  the  House,  in  which  the  bill, 
joint  or  concurrent  resolution  originated,  shall 
transmit  tlie  same,  without  delay,  to  the  Superin- 
tendent of  State  Printing,  who  shall  receipt  for  all 
such  bills  and  resolutions,  and  proceed  at  once  to 
have  the  same  printed,  in  the  order  in  which  re- 
ceived, in  the  measure  prescribed  by  law  for  the 
Statutes,     So  soon    as    printed,    one    copy,     with 


105  Executive  Officers.  §  528 

proper  blanks  for  the  signatures  of  the  officers 
whose  duty  it  is  to  sign  enrolled  bills,  shall  be 
printed  on  bond  paper,  which,  together  with  the 
engrossed  bill,  shall  be  sent  to  the  Committee  on 
Enrollment  of  tlie  House  in  which  the  bill  origi- 
nated. Said  committee  shall  compare  such  copy 
with  the  engrossed  bill,  and  if  it  is  found  to  be  cor- 
rect shall  present  it  to  the  proper  officers  for  their 
signatures.  When  such  officials  shall  have  signed 
their  names,  thereon,  as  required  by  law,  it  shall 
1>e  an  enrolled  bill,  and  shall  be  transmitted  to  the 
Governor  for  his  approval.  If  the  same  is  signed 
by  the  Governor,  and  becomes  a  law,  the  printed 
law  shall  go  to  the  Secretary  of  State  and  be- 
come the  official  record. 

2.  Whenever  a  law  is  signed  by  the  Governor, 
official  notice  shall  be  forwarded,  in  writing,  to  the 
Superintendent  of  State  Printing  of  the  fact.  Upon 
the  receipt  of  said  official  notice,  the  Superinten- 
dent of  State  Printing  shall  cause  to  be  printed, 
for  the  use  of  the  Legislature,  two  hundred  and 
forty  copies  of  said  law,  joint  or  concurrent  reso- 
lution, to  be  distributed,  one-tliird  to  the  Senate 
and  two-thirds  to  the  Assembly,  the  Sergeant-at- 
Arms  of  the  respective  houses  to  receipt  to  the 
Superintendent  of  State  Printing  for  the  same, 
whose  receipt  shall  be  a  proper  voucher  for  the 
worlc.  He  shall  also  cause  to  be  printed  the  re- 
quisite number  of  sheets  to  make  the  number  of 
copies  of  the  Statutes  required  by  law  to  be  print- 
ed, the  one  composition  of  type  to  answer  the  pur- 
pose of  printing  the  three  editions;  and  of  such 
laws,  resolutions,  and  memorials  as  may  be  de- 
signated by  the  Legislature,  two  hundred  and  for- 
ty copies  in  Spanish.  Of  the  Journals  and  Ap- 
pendices of  the  Senate  and  Assembly  there  must 
be  printed  four  hundred  and  eighty  copies,  in  one 
volume  or  more,  as  may  be  required  by  the  size 
thereof.  The  Superintendent  of  State  Printing 
shall  have  the  laws.  Journals  of  Senate  and  As- 
sembly, and  the  Appendices  thereto,  properly  in- 
dexed and  bound,  the  laws  in  full  law  sheep  bind- 
ing, and  Journals  and  Appendices  in  half  law 
sheep  binding,  marble  sides,  and  deliver  the  same 
to  the  Secretary  of  State  for  distribution  as  soon 
as  practical  after  the  final     adjournment     of  the 


§§  529, 530  Executive  Officers.  lOG 

Legislature,  aud  the  receipt  of  the  Secretary  of 
State  shall  be  his  voucher  therefor.  [Amendment 
approved  April  1,  1878;  Amendments  1877-8,  p.  9. 
In  effect  immediately.  Repealed  all  conflicting 
acts.] 

§  529.  Printing  must  be  done  as  follows:  The 
laws,  journals,  messages,  aud  other  documents  in 
book  form,  must  be  printed  solid,  with  long  prim- 
er type,  on  good  white  paper;  each  page,  except  of 
the  laws,  must  be  thirty-three  ems  wide  and  fifty- 
eight  ems  long,  including  title,  blanli  line  under  it, 
and  foot  line;  of  the  laws  the  same  length,  and 
twenty-nine  ems  wide,  exclusive  of  marginal  notes, 
wiiich  notes  must  be  printed  in  nonpareil  type, 
seven  ems  wide.  Figure  worli,  and  rule  and  fig- 
ure worli,  in  messages,  reports,  and  other  docu- 
ments in  book  form,  must  be  on  pages  correspond- 
ing in  size  with  the  journals,  if  it  can  be  brought 
in  by  using  type  not  smaller  than  minion;  if  not, 
it  must  be  executed  in  a  form  to  fold  and  bind 
with  the  volume.  Blanks  must  be  printed  in  such 
form,  and  on  such  paper,  aud  Avith  such  sized  type 
as  the  oflicers  ordering  them  may  direct.  The 
laws  maist  be  printed  without  chapter  headings, 
and  without  blank  lines,  with  tlie  exception  of  one 
head  line,  one  foot  line,  two  lines  between  the  last 
sec-tion  of  an  act  and  the  title  of  the  next  act. 
When  there  is  not  space  enough  between  the  last 
section  of  an  act  to  print  the  title  and  enacting 
clause,  and  one  line  of  the  following  act  upon  the 
same  page,  such  title  may  be  printed  upon  the 
following  page.  The  journals  must  be  printed 
without  blanlv  lines,  with  the  exception  of  one 
head  line,  one  foot  line,  and  two  lines  between  the 
journal  of  one  day  and  that  of  the  following  day. 
In  printing  the  words  ayes  aud  noes,  the  word 
"ayes"  and  the  word  "noes"  must  be  run  in  with 
the  names.  [Amendment  approved  January  13, 
1897;  Amendments  1897,  c.  I.  In  effect  immedi- 
ately.] 

§  530.  The  Superintendent  of  State  Printing 
shall  be  elected  at  the  same  time  and  place  and  in 
the  same  manner  as  the  Governor  of  the  State, 
and  his  term  of  office  and  qualifications  shall  also 


107  Executive  Officers.  §  531 

be  the  same.  He  shall  be  a  competent  practical 
printer,  and  before  entering  upon  the  discharge  of 
the  duties  of  his  office  shall  give  a  good  and  suffi- 
cient bond  to  the  people  of  the  State  of  California 
in  the  sum  of  ten  tliousaud  dollars,  with  two  or 
more  sufficient  sureties,  to  be  approved  by  the 
Governor,  for  the  faithful  performance  of  his  du- 
ties, which  bond  shall  be  filed  in  the  office  of  Sec- 
retary of  State.  [Amendment  approved  March  10, 
1891;  Stats.  1891,  p.  59.     In  effect  immediately.] 

This  and  the  succeeding  three  sections  are  based 
upon  repealed  Stats.  1872,  554.  The  original  sec- 
tion 530  was  founded  upon  Stats.  1861,  280. 

§  531.  The  duties  of  the  superintendent  of  state 
printing  shall  be  as  follows:  He  shall  have  the  en- 
tire charge  and  superintendence  of  the  state  print- 
ing and  binding.  He  shall  take  charge  of  and  be 
responsible  on  his  bond  for  all  manuscripts  and 
other  matter  which  may  be  placed  in  his  hands  to 
be  printed,  bound,  engraved,  or  lithographed,  and 
shall  cause  the  same  to  be  promptly  executed.  He 
shall  receive  from  the  senate  or  assembly  all  mat- 
ter ordered  by  either  house  to  be  printed  and 
bound,  or  either  printed  or  bound,  and  shall  keep  a 
record  of  the  same,  and  of  the  order  in  which  it 
may  be  received;  and  when  the  work  shall  have 
been  executed,  he  shall  deliver  the  finislied  sheets 
or  volumes  to  the  sergeant-at-arms  of  the  senate 
or  assembly,  or  of  any  department  authorized  to 
receive  them,  whose  receipt  therefor  shall  be  a 
sufficient  voucher  to  the  said  superintendent  of 
State  printing  for  their  delivery.  He  shall  receive 
and  promptly  execute  all  orders  for  printing  or 
binding,  required  to  be  done  for  the  various  state 
officers;  provided,  that  the  said  superintendent  of 
state  printing  shall  have  discretionary  authority  to 
revise,  reduce,  or  decline  to  execute  any  order,  or 
part  of  any  order,  which  in  his  judgment  is  unnec- 
essary or  unwarranted  by  law.  and  which  will  tend 
to  unnecessaily  consume  the  appropriation  for  sup- 
port of  the  state  printing-office;  and  provided  fur- 
tlier,  tliat  in  the  event  that  any  state  officei-,  board. 
comniiRsirnor  State  institution  shall  consider  the 
decision  of  the  said  superintendent  of  State  print- 


§  532  Executive  Officers.  108 

ing  uufair,  lie  may  refer  the  matter  to  the  State 
board  of  examiners,  which  board  shall  determine 
the  matter.  He  shall  employ  such  compositors, 
pressmen,  and  assistants  as  the  exigency  of  the 
worli  from  time  to  time  requires,  and  may  at  any 
time  discharge  such  employees;  provided,  that  ac 
no  time  shall  he  paj'  said  compositors,  pressmen,  or 
assistants  a  higher  rate  of  wages  than  is  paid  by 
those  employing  printers  in  Sacramento  for  like 
work.  He  shall  at  no  time  employ  more  compos- 
itors or  assistants  than  the  absolute  necessities  of 
the  State  printing  may  demand,  and  he  shall  not 
permit  any  other  than  State  work  to  be  done  in  the 
State  priuriug-oflice.  The  superintendent  uf  State 
printing  shall,  on  or  before  the  fifteenth  day  of 
September  of  each  j^ear,  make  a  report,  in  writing, 
to  the  governor,  embracing  a  record  of  the  com- 
plete transactions  of  his  office  for  the  preceding 
fiscal  year,  which  report  shall  show  in  detail  all 
the  items  of  expense  attending  the  State  printing 
and  all  the  expenses  of  the  office,  including  repairs 
and  the  purchase  of  materials  of  all  kinds.  Said 
report  shall  also  state  the  number  of  reams  and 
various  kinds  of  paper  delivered  to  him,  and  the 
amount  and  quality  remaining  on  hand,  which  re- 
port shall  be  printed,  biennially,  for  the  use  of  the 
legislature.  [Amendment  approved  March  27, 
1S95;  Stats.  1895,  2.33.  In  effect  March  27,  ISO-j.] 
Also  amended  in  1S91,  Stats.  1891,  66. 

§  532.  In  April,  eighteen  hundred  and  ninety- 
six,  and  in  April  of  every  year  thereafter,  the  su- 
perintendent of  State  printing  shall  submit  to  the 
State  board  of  examiners  samples  of  the  various 
kinds,  sizes,  and  qualities  of  paper  that  wiU  prob- 
ably be  required  in  his  office  during  the  year  com- 
mencing on  the  then  next  first  Monday  in  July,  an 
estimate  of  the  probable  quantity  of  each  kinti. 
size,  and  quality  that  will  be  so  required.  Upon 
being  satisfied  that  the  kinds,  sizes,  quantities, 
and  qtialities  of  paper  so  suggested  will  be 
required,  they  shall  direct  the  superintend- 
ent of  State  printing  to  advertise  for  thir- 
ty days,  in  two  daily  newspapers,  one  of 
which    shall  be    published    in    the  city    of    San 


109  Executive  Officers.  §  533 

Francisco,  and  one  in  the  city  of  Sacramento,  for 
proposals  to  furnisli  sucli  paper,  or  so  much  there- 
of as  may  be  required  during  the  j'ear  commenc- 
ing as  aforesaid,  which  bids  shall  be  opened  in  his 
office,  at  twelve  o'clock  M.  on  the  day  appointed, 
in  the  presence  of  the  said  superintendent,  and  at 
least  two  of  the  State  board  of  examiners;  and 
the  said  superintendent  of  State  printing,  and  the 
members  of  the  State  board  of  examiners  then  and 
there  present,  shall  constitute  a  board  to  award 
the  contract  to  the  lowest  and  best  responsible  bid- 
der. No  bid  shall  be  considered  unless  accompan- 
ied by  a  certified  check,  in  the  sum  of  two  thous- 
and dollars,  gold  coin,  payable  to  the  Governor 
for  the  use  of  the  people  of  the  State  of  Califor- 
nia, conditioned  that  if  the  bidder  receives  the 
award  of  the  contract  he  will,  witliin  thirty  days, 
enter  into  bonds  in  the  sum-  of  ten  thousand  dol- 
lars, with  tAVo  or  more  sureties,  to  be  approved  by 
the  Governor  of  the  State,  that  he  will  faithfully 
perform  the  conditions  of  his  contract;  all  bids 
must  be  for  the  furnishing  and  delivery  of  the  pa- 
per and  materials  at  the  State  printing  office,  in  the 
city  of  Sacramento,  so  that  the  State  shall  not  be 
charged  with  any  cost  of  transportation  or  deliv- 
ery, which  must  be  specified  in  the  advertisement 
for  bids.  If  all  the  bids  opened  shall  be  deemed 
too  high  by  said  board,  they  may  decline  them 
and  advertise  again.  If  the  second  set  of  bids  are 
considered  too  high,  the  said  board  may  again  de- 
cline them,  and  the  superintendent  of  State  print- 
ing may  purchase  such  paper  in  the  open  market. 
The  prices  paid  shall  in  no  case  be  higher  than  the 
lowest  price  at  which  such  paper  was  offered  to  b(! 
furnished  bv  the  bids  so  rejected.  [Amendment 
approved  March  27.  189.5;  Stats.  189.5,  p.  234.  In 
effect  March  27,  1895.] 

§  533.  All  ruling,  folding,  and  folding  and 
stitching,  and  binding  required  to  be  executed  for 
the  State,  shall  be  done  under  the  supervision  of 
said  superintendent.  He  shall  advertise  for  thirty 
days  in  one  daily  newspaper  published  in  the  city 
of  San  Francisco,  and  one  daily  newspaper  pub- 
lished in  the  city  of  Sacramento.  s]H'cifyiug  the 
character  of  the  binding,  folding,  and  stitching  to 
be  bid  upon,  for  proposals  to  do  all  such  folding, 
folding  and  stitching,  ruling  and  binding;  all  of 
Pol.  Code-  10 


§§  534-536  Executive  Officers.  110 

which  work  shall  be  done  in  the  city  of  Sacra- 
mento; and  on  the  day  appointed  he  shall,  in  the 
presence  of  the  Board  of  Examiners,  open  the  bids 
that  may  be  received,  and  said  superintendent  of 
State  printing  and  said  Board  of  Examiners  shall 
award  said  contract  to  the  lowest  responsible  bid- 
der or  bidders  therefor.  [Amendment  approved 
April  3,  1876;  Amendments  1875-6,  p.  20.  In  effect 
April  3,  1876.] 

§  534.  The  annual  salary  of  the  superintendent 
of  State  printing  shall  be  three  thousand  dollars. 
He  may  appoint  a  deputy  superintendent  of  State 
printing,  who  shall  be  a  civil  executive  officer, 
and  who  shall  receive  a  salary  of  two  thousand 
four  hundred  dollars  per  annum. 

See.  2.  Said  salaries  shall  be  paid  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of 
other  State  officers  are  paid.  [Amendment  ap- 
proved March  29,  1897;  Amendments  1897,  c. 
clxxiv. 

§  535.  Whenever  any  appropriation  is  made  for 
the  support  of  the  State  printing  office,  a  sum  not 
exceeding  one  thousand  dollars  thereof  shall  be 
applied  when  necessarj'  to  and  used  for  the  pur- 
pose of  repairing  the  present  and  purchasing  new 
machinery  of  the  State  printing  office,  in  each  fis- 
cal year  for  which  the  appropriation  is  made. 
[Amendment  approved  April  3,  1876;  Amendments 
1875-6,  p.  20.     In  effect  April  3,  1876.] 

Appropriation  acts— Support  of  office.  Stats. 
1876,  p.  4;  insurance.  Stats.  1876,  p.  327;  purchase 
of  printing  materials.  Stats.  1880,  p.  2;  enlarge- 
ment and  repair  of  building.  Stats.  1880,  p.  386  or 
120. 

§  536.  Whenever  any  money  is  appropriated 
for  the  support  of  the  State  printing  office,  a  sum 
not  exceeding  the  sum  of  one  thousand  dollars 
thereof  shall,  in  each  fiscal  year  for  which  the  ap- 
propriation is  made,  be  applied  to  and  used  for  the 
purpose  of  paying  contingent  expenses  of  State 
printing  office.  The  superintendent  of  State  print- 
ing shall  keep  an  itemized  account  of  all  moneys 
expended  out  of  the  contingent  fund  hereby  cre- 
ated and  shall  furnish  the  Governor  with  a  copy 


Ill  Executive  Officers,  §§  537-539 

of  the  same,  under  oath,  at  the  end  of  each  fiscal 
year.  [Amendment  approved  April  1,  1878;  Amend- 
ments 1877-8,  p.  12:  repealed  all  conflicting  acts. 
In  effect  April  1,  1878.] 

§  537.  The  State  Treasurer  is  hereby  author- 
ized, when  the  general  fund  is  exhausted,  to  ad- 
vance the  money  on  the  Controller's  warrants, 
drawn  for  wages  and  salaries  of  the  employees  in 
the  State  printing  office,  out  of  any  public  funds 
in  the  treasury,  which  warrants  shall  be  his  vouch- 
ers Tintil  tliere  is  money  in  the  general  fund  to 
cancel  them;  provided,  that  this  section  shall  not 
apply  to  anj^  fund  against  which  there  are  any 
warrants  then  due.  or  to  become  due,  or  so  as  to 
keep  claimants  out  of  their  just  demands.  Any 
sum  of  money  remaining  unexpended  of  the  appro- 
priation heretofore  made  foj-  the  purchase  of  ma- 
terials for  the  State  printing  office  is  hereby  ap- 
propriated to  the  payment  of  claims  due  foi*  the 
construction  of  the  State  printing  office.  [Amend- 
ment approved  April  3,  1876;  Amendments  1875-6, 
p.  21.    In  effect  April  3,  1876.] 

§  538.  When  any  chart,  map,  diagram,  or  oth- 
er engraving  shall  be  required  to  illustrate  any 
document  ordered  to  be  printed,  such  chart,  map, 
diagram,  or  engraving  shall  be  prociu-ed  by  the 
Superintendent  of  State  printing.  No  bills  for  en- 
graving,  or  lithographing,  or  lithograph  printing, 
other  than  the  above,  sliall  be  allowed  by  the 
Board  of  Examiners.  All  State  printing  shall  be 
done  in  the  State  printing  office.  [Amendment  ap- 
proved April  1,  1878;  Amendments  1877-8.  p.  12;  re- 
pealed all  conflicting  acts.    In  effect  April  1,  1878.] 

§  539.  All  bills  and  other  documents  ordered 
engrossed  by  either  house  of  the  legislature  shall 
be  delivered  by  the  Secretary  of  the  Senate  or 
Chief  Clerlv  of  the  house,  as  the  case  may  be,  to 
the  engrossing  clerli  of  the  house  ordering  the  en- 
grossment, who  shall  deliver  such  bills  or  other 
documents,  without  delay,  in  the  order  of  their  re- 
ceipt, to  the  State  printer,  who  shall  receipt  for  the 
same,  and  without  delay  engross  (print)  the  same 
in  the  order  so  received  by  him,  and  deliver  such 
engrossed  bill  or  other  documents,  with  the  origi- 


§  539  Executive  Officers.  112 

nal  thereof,  to  the  engrossing  clerk  from  whom  he 
receives  the  same,  who  shall  carefully  compare 
the  engrossed  copy  with  the  original,  and,  if  cor- 
rectly engrossed,  report  the  same  back,  with  the 
original,  to  the  engrossing  committee  of  the  house 
from  which  he  received  it.  All  bills  and  other 
documents  that  have  been  printed  shall  be  consid- 
ered engrossed,  if  no  amendments  have  been  made 
after  being  printed,  but  the  original  bill  or  docu- 
ment shall  be  delivered  to  the  engrossing  clerk  ol 
the  respective  houses  where  same  originated,  and 
lie  shall  compare  the  original  bill,  or  other  docu- 
ment, with  tlie  printed  bill  or  other  document,  and 
forthwith  deliver  them  to  the  committee  on  en- 
grossment for  return  to  the  house  in  the  same 
manner  as  engrossed  bills.  Such  bills,  or  other 
documents,  shall  have  a  separate  oixler  of  compar- 
ison from  the  engrossed  bills.  And  all  bills  and 
other  documents,  required  to  be  enrolled  by  order 
of  eitlier  house,  shall  be  delivered  by  the  Secre- 
tary of  the  Senate,  or  Chief  Clerk  of  the  house, 
as  the  case  may  be,  to  the  enrolling  clerk  of  the 
house  ordering  such  enrollment,  who  shall  deliver 
such  bills  or  other  documents,  witliout  delay,  in 
the  order  of  their  receipt,  to  the  State  printer,  who 
shall  receipt  for  the  same,  and  who  shall,  without 
delay,  correctly  enroll  (print)  the  same,  in  the  or- 
der so  received  by  him,  and  when  enrolled  he  shall 
deliver  such  enrolled  bills  or  other  documents, 
with  the  original  tliereof,  to  the  enrolling  clerk 
from  whom  he  received  the  same,  who  shall  care- 
fully compare  such  enrolled  copy  with  the  origi- 
nal, and  if  correctly  enrolled,  he  shall  report  the 
same  back,  with  the  original,  to  the  enrolling  com- 
mittee of  tlie  house  from  which  he  received  it. 
[Amendment  approved  March  26,  189.5;  Stats.  1895, 
p.  110.     In  effect  March  26,  1895.] 

This  section  was  added  in  1891;  Stats.  1891,  p. 
426. 


113  Executive  Officers.  §§  548-550 

ARTICLE  XIII. 

STATE     GEOLOGIST. 

§  54S.  General    duties    of. 

§  549.  Report   of   Governor. 

§  550.  Specimens  to  be  delivered  to  University. 

§  551.  Salary    of    Geologist. 

§  552.  Compensation  of  Assistant. 

§  553.  Board  of  Examiners  to  audit  accounts. 

§  554.  Reports  and  maps  to  be  sold,   etc. 

§  548.  It  is  the  duty  of  llie  State  Geologist, 
witli  the  aid  of  such  assistants  as  he  may  appoint, 
to  continue,  and,  with  all  reasonable  diligence,  to 
complete  the  geological  survey  of  this  State.  He 
must  also  prepare  a  report  .of  the  survey  and  su- 
perintend the  publication  thereof  in  the  ^'orm  of 
a  geological,  botanical,  zoological,  and  physio- 
graphical  history  of  the  State,  with  full  and  scien- 
tific descriptions  of  its  rocks,  fossils,  soils,  min- 
erals, mines,  climates,  and  physical  geography,  to- 
gether with  suitable  and  accurate  geological 
and  topographical  maps  and  diagrams  of  the  same. 

State  Geologist— appointment  and  term  of  of- 
fice, sees.  368,  subd.  3,  369. 

Geological  survey— Act  to  continue:  Stats.  1872, 
p.  355. 

§  549.  He  must,  as  near  as  may  be,  at  the  be- 
ginning of  each  session  of  the  Legislature,  present 
to  the  Governor,  who  must  lay  the  same  before  the 
legislature,  a  report  of  progress,  in  ^vhich  tli<> 
operations  of  the  geological  survey  during  the  in- 
terval since  his  last  preceding  report  must  be  set 
forth,  and  its  most  important  results  made  pub- 
lic. 

§  550.  The  geological  and  other  specimens  col- 
lected by  the  State  Geological  Survey  must,  ex- 
•  •epting  such  as  may  be  required  by  the  State  Geo- 
logist to  aid  in  tlie  preparation  of  liis  report,  be 
delivered  over  to  the  Regents  of  the  State  Univer- 
sity, to  be  by  tliem  deposited  in  the  cabinet  of  the 
same  as  the  property  of  the  University. 

Specimens  to  be  turned  over  to  the  University: 
See  Stats.  1874,  p.  992. 


§§  551-5G1  Executive  Officers,  114 

Like  disposition  of  otlier  materials — of  survey: 
See  Stats.  1S74,  p.  694. 

§  551.  Tlie  annual  salary  of  the  State  Geologist 
is  six  tliousaud  dollars,  payable  monthly  out  of 
any  appropriations  which  may  be  made  by  the 
Legislatiu-e  for  the  continuation  of  the  worli  of  the 
survey. 

§  552.  His  assistants  receive  such  compensation 
as  he  may  determine,  payable  in  the  same  man 
iter,  out  of  the  same  fund. 

§  553.  The  accounts  of  the  State  Geologist,  in- 
eluding  salaries  and  all  other  expenses  of  the  sui'- 
vey,  must  be  audited  by  the  Board  of  Examiners, 
and,  if  found  correct,  must  be  paid  out  of  the 
State  Treasury  in  such  manner  as  may  be  provided 
by  law. 

Board  of  Examiners:   Sees.  654  et  seq. 

§  554.  The  volumes  and  maps  of  the  report 
must  be  sold  upon  such  terms  as  the  Governoi 
deems  to  be  most  advantageous  to  the  State;  and 
any  moneys  derived  from  such  sales  must  be  ap- 
plied to  the  completion  of  the  unfinished  publica- 
tions of  the  survey,  and  the  surplus,  if  any,  must 
be  paid  into  the  common  school  fund  of  the  State. 

Acts  relating  to  geological  survey,  reference  to; 
See  General  Laws,  title  "Geological  Survey." 


ARTICLE  XIV. 

SEALERS      OF      WEIGHTS      AND      MEASURES. 

§  561.  General   duties   of. 

§  562.  County  Clerks   ex-officlo   Sealers. 

§  533.  Duties  of  County  Sealers. 

§  564.  Standards  for  County  Sealers. 

§  565.  Standards  to  be  marked. 

§  566.  Standards,   County  Sealers  t(f  compare,   etc. 

§  567.  Fees. 

§  561.  The  State  Sealer  of  Weights  and  Meas- 
ures has  the  general  supervision  of  the  weights 
and  measures  of  the  State.  He  must  take  charge  of 
the  standards,  and  see  that  they  are  kept  in  and  in 
no  case  removed  from  a  fireproof  vault  in  his  of- 


115  Executive  Officers.  §§  562-567 

flee,  except  for  the  purpose  of  compariug  and  copy- 
ing. He  must  correct  the  standards  of  the  cities 
and  counties,  provide  theiu  witli  the  necessary 
standards,  balances,  and  other  means  of  adjust- 
ment, and  as  often  as  once  in  ten  years  compare 
the  same  with  those  in  his  possession. 

Basis  of  section— and  succeeding  sections  of  arti- 
cle, Stats.  1861,  p.  86. 

Weights  and  measures— sees.  3209-3223.  False, 
Penal  Code,  sees.  552-555.  Secretary  of  State  ex- 
officio  sealer  of,  sec.  351. 

Act  relating  to  weiglits  and  measures:  See  act 
approved  April  6,  1891;  Stats.  1891,  p.  487. 

§  562.  The  county  clerics  are  ex-offlcio  county 
sealers  of  weights  and  measures  for  their  respec- 
tive counties. 

§  563.  The  county  sealers  must  lieep  in  their 
othces  the  standards  of  weights  and  measures  for 
their  respective  counties. 

§  564.  Copies  of  the  original  standards,  to  be 
made  of  such  materials  as  the  State  sealer  directs, 
must  be  deposited  by  him  in  the  office  of  the 
county  sealers  of  the  several  counties  of  this  State, 
at  the  expense  of  the  counties,  wliich  are  several- 
ly responsible  for  the  preservation  of  the  copies  re- 
spectively delivered  to  them. 

§  565.  The  State  sealer  must  cause  to  be  im- 
pressed on  each  of  the  copies  of  such  original 
standards  the  letter  "C,"  and  such  other  device  as 
he  may  direct  for  the  particular  county;  which  de- 
vice must  be  recoi'ded  in  the  State  sealer's  office, 
and  a  copy  thereof  delivered  to  the  respective 
county  sealers. 

§  566.  Tlie  county  sealers  must  compare  all 
weights  and  measures,  which  are  brought  to  them 
for  that  purpose,  witli  tlie  copies  of  the  standards 
in  their  possession,  and  when  the  same  are  found 
or  made  to  conform  to  the  legal  standards,  the  offi- 
cer comparing  them  must  seal  and  mark  them  as 
correct. 

§  567.  Each  county  sealer  may  receive  for  his 
services  the  following  fees:  For  sealing  and  mark 
ing  every  beam,  seventy-five  cents;  for  sealing  and 
marking   measures   of   extension,    at   the   rate   of 


§§  577-580  Executive  Officers.  116 

forty  cents  per  yard,  not  to  exceed  one  dollar  and 
a  half  for  any  one  measure;  for  sealing  and  marli- 
Ing  every  weight,  twenty-five  cents;  for  sealing 
and  marking  liquid  and  dry  measures,  If  the  same 
are  of  the  capacity  of  a  gallon  or  more,  forty 
cents;  if  less  than  a  gallon,  twenty  cents. 


ARTICLE  XV. 

INSPECTOR      OF      GAS       METERS. 

§  577.  To  provide  testing  apparatus. 

§  578.  Seal. 

§  5S0.  Mode  of  inspecting  and  sealing. 

§  583.  Using  uninspected  meters,   reinspection. 

§  579.  May  appoint   Deputies. 

§  582.  Compensation. 

§  583.  Residence. 

§  584.  Official   bond. 

§  577.  The  inspector  of  gas  meters  must  pro- 
vide and  Iveep  suitable  apparatus  for  testing  the 
accuracy  of  gas  meters. 

Inspector  of  gas  meters— Appointment  and  term 
of  othce,  sees.  '368,  369. 

Origin  of  article— see  Stats.  1863,  p.  647. 

§  578.  He  must  provide  a  suitable  seal  with 
which  to  seal  meters  inspected  by  him  and  found 
to  be  correct  and  must  tile  a  copy  of  such  seal  in 
the  office  of  the  Secretary  of  State. 

§  579.    He  may  appoint  deputies. 

§  580.  He  must,  whenever  requested,  inspect 
and  test  the  accuracy  of  any  gas  meters  used  or 
intended  to  be  used  for  measuring  the  quantity  of 
gas  furnished  by  any  gas  company  in  this  State, 
and  when  he  finds  the  same  correct,  seal  the  same 
■with  his  seal.  No  meter  shall  be  accounted  cor- 
rect which  registers  an  amount  more  than  three 
per  cent  greater  or  less  than  the  amount  actually 
passed  through  it.  but  the  inspector  may  seal  me- 
ters registering  more  than  tliree  per  cent  against 
the  gas  company,  when  requested  by  the  company 
to  do  so.  Reasonable  notice  shall  be  given  to  the 
applicant,  and  also  the  individual  or  gas  company 


117  Executive  Officers.  §§  581-584 

furnisliiiig  or  proposing  to  furnish  the  gas,  of  the 
time  and  place  of  the  inspection  of  the  meter,  and 
opportunity affordedtliem. their  servants  or  agents, 
to  be  present  at  and  witness  the  inspection, 
r  Amendment  approved  April  1.  1876;  amendments 
1S75-G,  p.  22.     In  effect  April  ],  1876.] 

§  581.  Any  individual  or  gas  company  placing 
or  using  for  measuring  gas  a  meter  which  has  not 
been  inspected  by  the  State  inspector,  and  does 
not  bear  his  seal,  shall  be  guilty  of  a  misdemean- 
or, nor  shall  any  charge  for  gas  supplied  through 
such  a  meter  be  legally  collectible;  nor  shall  the 
refusal  of  a  consumer  to  p;iy  the  same  give  au- 
thority to  the  company  to  refuse  to  supply  him 
with  gas.  When  a  meter,  properly  sealed,  is  once 
placed  for  the  use  of  a  consumer,  an  inspection 
may  be  had  as  often  as  the  consumer  may  request 
the  same  in  writing,  he  to  pay  the  fee  therefor 
whenever  the  meter  is  found  not  to  register  too 
fast.  When  the  meter  is  found  to  register  too 
fast  the  gas  company  must  pay  the  fee,  together 
with  the  costs  of  removing  and  resetting  the  me- 
ter, and  the  inspector  shall  remove  the  seal  if 
there  be  one  upon  it;  provided,  that  when  any  me- 
ter found  incorrect  shall  be  corrected,  it  shall  be 
sealed  by  the  inspector  without  additional  charge 
if  presented  to  him  for  I'einspection  within  one 
mouth.  [Amendment  approved  April  1,  1876; 
Amendments  1875-6,  p.  22.    In  effect  April  1,  1876.] 

§  582.  He  may  collect  a  fee  of  two  dollars  and 
fifty  cents  for  each  meter  tested. 

§  583.  He  must  reside  in  the  city  of  San  Fran- 
cisco. 

§  584.    He  must  execute  an  official  bond  in  the 
sum  of  five  thousand  dollars. 
Article  is  founded  on  Stats.  1863,  647. 
Official  bond— see  sees.  947-986. 


§  594  Executive  Officers'.  118 

ARTICLE  XVI. 

INSURANCE     COMMISSIONER. 

§  594.  Eligibility. 

§  595.  General    duties    of. 

§  596.  Business  of  insurance  not  to  be  transacted  without 

his  certificate. 

§  597.  To  examine  affairs  of  companies,  when. 

§  598.  Fines  imposed  if  companies  refuse. 

§  599.  May  issue  subpoenas. 

§  600.  Proceedings  on  insolvency  of  companies. 

§  601.  Proceedings  on  failure  to  make  up  capital. 

§  602.  What  constitutes  insolvency. 

§  603.  Must  keep  a  record. 

§  604.  May  employ  actuary,  when. 

605.  Fees  to  be  paid  to  Commissioner. 

§  606.  Assessments   for  deficiency  in  salary  and   expenses. 

§  607.  Certain  certificates  to  be  filed  in  his  office. 

§  608.  Same. 

§  609.  May  determine  name  of  new  corporation. 

§  610.  Statements   to    be   made   by   insurance    companies. 

§  611.  Statement,  contents,  publication  and  filing. 

§  612.  Showing   to    be    made    in. 

§  613.  Statement  by  life,   health  and  accident  companies. 

§  614.  Stock  notes,   how  computed. 

§  615.  To  furnish  blanks. 

§  616.  Agent  upon  whom  process  may  be  served. 

§  617.  Penalty  for  failure  to  make  statement. 

§  618.  Securities  deposited  by  companies. 

§  619.  Deposits,  receipts  for. 

§  620.  Deposits    returned,    when. 

§  621.  Examination   of  securities,   deficiencies. 

§  622.  Retaliatory  cause. 

?  623.  Bonds  to  be  filed. 

§  624.  Same. 

§  625.  To  furnish  Assessor  with  certain  information. 

§  623.  Securities. 

§  627.  Statement  to  be  based  on  gold  coin  values. 

§  628.  Salary  of  Commissioner. 

§  629.  Salary   of   Deputy. 

§  630.  Contingent  expenses. 

§  631.  Location   of   office. 

§  632.  Official    bond. 

§  633.  Conditions  precedent  to  license  of  agent. 

§  634.  Registry  of  policies,  deposits  for  security  of. 

§  594.  No  person  is  eligible  to  the  office  of  In- 
surance Commissioner  or  deputy  who  is  an  officer, 
agent,  or  employee  of  an  insurance  company. 


119  Executive  Officers.  §  595 

General  basis  of  article— Stats.  1868,  pp.  324,  336. 
Basis  of  section— see  Stats.  1868,  p.  336. 

§  595.  The  insurance  commissioner  must  re- 
ceive all  bonds  and  securities  of  persons  engaged 
in  tlie  transaction  of  insurance  business  in  this 
State,  and  file  and  safely  keep  the  same  in  his 
office,  or  deposit  them  as  provided  in  this  article. 
He  must  examine  and  inspect  the  financial  con- 
dition of  all  persons  engaged,  or  who  desire  to  en- 
gage, in  the  business  of  insurance;  issue  a  certifi- 
cate of  authority  to  transact  insurance  business  in 
this  State  to  any  persons  in  a  solvent  condition, 
who  have  fully  complied  with  the  laws  of  this 
State,  and  are  in  nowise  in  arrears  to  the  State, 
or  to  any  county  or  city  of  the  State,  for  fees,  li- 
censes, taxes,  or  penalties  accrued  upon  business 
previously  transacted  in  the  State;  determine  the 
sufficiency  and  validity  of  all  bonds  and  other  se- 
curities required  to  be  given  by  persons  engaged, 
or  to  be  engaged,  in  insurance  business,  and  cause 
the  same  to  be  renewed  in  case  of  the  insufficiency 
or  invalidity  thereof;  and  perform  all  other  duties 
imposed  upon  him  by  the  laws  regulating  the  busi- 
ness of  insurance  in  this  State,  and  enforce  the  ex- 
ecution of  such  laws;  prepare  and  furnish,  on  de- 
mand, to  all  persons  engagetl  in  the  insurance  bus- 
iness, blank  forms  for  such  statements  or  reports 
as  may  by  law  be  required  of  them;  make,  on  or 
before  the  first  day  of  August  in  each  year,  a  re- 
port to  the  Governor  of  this  State,  containing  a 
tabular  stalement  and  synopsis  of  the  reports 
which  have  been  filed  in  his  office,  showing,  gener- 
ally, the  condition  of  the  insurance  business  and 
interests  in  this  State,  and  other  matters  concern- 
ing insurance,  and  a  detailed  statement,  verified 
by  oath,  of  the  moneys  and  fees  of  office  received 
by  him,  and  for  what  purpose.  And  whenever  any 
insurance  company,  doing  business  in  this  State, 
shall  voluntarily  surrender  to  the  Insurance  Com- 
missioner its  certificate  of  authority,  previously 
granted,  thereby  withdrawing  from  business  in 
this  State,  the  commissioner  must  make  due  pub- 
lication of  such  surrender  and  withdrawal  daily 
for  the  period  of  one  week,  in  each  of  two  daily 
newspapers,  the  one  published  in  the  city  of  San 
Francisco,  and  the  other  in  the  city  of  Sacramento. 


§  596  Executive  Officers.  120 

It  is  further  enacted,  that  if  any  action  hereafter 
commenced  in  any  district  court  of  this  State,  by 
a  citizen  tliereof.  against  a  foreign  corporation  or 
company  doing  insurance  business  in  this  State, 
such  corporation  or  company  shall  transfer,  or 
cause  be  transferred,  such  action  to  the  United 
States  Circuit  Court,  the  right  of  such  corporation 
or  company  to  transact  insurance  business  in  this 
State  sliall  tliereupon  and  thereby  cease  and  de- 
termine; and  the  insurance  commissioner  shall  im- 
mediately revoke  the  certificate  of  such  corpora- 
tion or  company  authorizing  it  to  do  business  in 
this  State,  and  publish  such  revocation  daily,  for 
the  period  of  two  weelvs,  in  each  of  some  two 
daily  newspapers,  the  one  published  in  the  city  of 
San  Francisco,  and  the  other  in  the  city  of  Sacra- 
mento.    [In  effect  April  1,  1878.] 

Amendments— of  1874  added  sentence  before 
last;  those  of  1878  added  last  sentence;  rest  of  sec- 
tion based  on  Stats.  1868.  p.  336. 

Insurance — see  Civil  Code,  sees.  2527-2766. 

Insurance  corporations— see  Civil  Code.  sees.  414- 
450;  see  also  sees.  287,  288  of  the  Civil  Code. 

Report  of  Insurance  Commissioner— distribution 
of,  sec.  337. 

§  596.  No  person  or  company  must  transact  In- 
surance business  in  this  State  witliout  first  procur- 
ing from  tlie  Insurance  Commissioner  a  certifieate 
of  autliority,  as  in  this  chapter  provided;  and  all 
policies  issued  or  renewed  and  all  insurances  talven 
befoi'e  obtaining  such  certificate  of  authority,  are 
null  and  void;  and  any  person  who  is  agent  or  pre- 
tended agent  of  any  insurance  company,  or  other 
person,  shall,  without  the  possession  of  such  certi- 
ficate of  authority,  solicit,  issue  or  procure  to  be  is- 
sued in  this  State  any  policy  of  insurance,  shall 
forfeit  to  the  people  of  tliis  State  the  sum  of  two 
hundred  dollars  for  each  and  every  policy  so  is- 
sued, or  procured  to  be  issued.  But  any  company 
or  corporation  belonging  to  any  other  State  or 
country,  having  policies  of  life  insurance  out- 
standing in  this  State,  and  that  were  issued  in  ac- 
cordance with  the  laws  of  this  State,  shall  have 
the  right  to  maintain  a  special  agent  in  this  State, 
for  tlie  collection  of  renewal  premiums  on  sucli 
policies,  and  the  Commissioner  is  hereby  author- 


121  Executive  Officers.  §  597 

ized  to  issue  to  the  duly  appointed  special  agent 
of  such  company  or  corporation,  a  certificate  au- 
thorizing him  to  collect  such  renewal  premium; 
such  certificate  to  be  issued  on  the  production  to 
the  Commissioner  of  satisfactory  evidence  that 
such  company  or  corporation  is  authorized  to 
transact  life  insurance  business  in  the  State  or 
country  to  which  it  belongs.  And  any  person  who, 
as  agent  of  either  the  insured  or  insurer,  shall  col- 
lect such  renewal  premiums,  must,  on  or  before 
the  tenth  day  of  January,  annually,  file  with  the 
commissioner  a  statement,  under  oath,  showing 
the  gross  amount  of  such  annual  premiums,  col- 
lected by  him  during  the  year  ending  on  the  thir- 
ty-first day  of  December,  next  preceding,  and  pay 
into  the  office  of  the  commissioner  the  sum  of 
twenty  dollars,  gold  coin  of  the  United  States. 
Failing  to  malvc  such  statement  and  payment 
within  the  time  named,  sucli  person  shall  forfeit 
to  the  people  of  the  State  of  California  the  sum 
of  one  hundred  dollars  for  each  and  every  policy 
so  renewed  by  the  payment  to  him  of  such  re- 
newal premium.  All  penalties  and  forfeitures  un- 
der this  section  must  be  collected  by  the  insur- 
ance commissioner,  and  for  the  purposes  of  such 
collections  suits  may  be  instituted  by  him,  in  the 
name  of  the  people  of  the  State  of  California,  in 
any  court  of  competent  jurisdiction.  [Amend- 
ment approved  April  26,  18S0;  Amendments  1880, 
p.  89.  In  effect  in  sixty  days;  repealed  conflicting 
acts.] 

Original  section — consisting  of  first  two   clauses 
founded  on  Stats.  1868,  p.  336. 

§  597.  Tlue  commissioner,  whenever  necessary, 
or  whenever  he  is  requested  by  A'erifled  petition, 
signed  by  thi-ee  persons  interested,  eitlier  as  stocli- 
holders,  policy  holders,  or  creditors  of  any  person 
engaged  in  insurance  business,  showing  that  such 
persou  is  insolvent  imder  the  laws  of  this  State, 
must  malce  examination  of  the  business  and  af- 
fairs relating  to  the  insurance  business  of  such 
person;  and  for  such  purpose  has  free  access  to  all 
the  books  and  papers  of  such  person,  and  must 
thoroughly  ins])ect  and  examine  all  his  affairs, 
and  ascertain  liis  condition  and  ability  to  fulfill 
his  engagements,  and  Avhether  he  has  complied 
I'ol.  Code— 11 


§§  598-600  Executive  Officers.  122 

with  all  the  provisions  of  law  applicable  to  his  in- 
surance transactions.  Such  person  and  his  offi- 
cers and  agents  must  open  his  books  and  papers 
for  the  inspection  of  the  commissioner,  and  other- 
wise facilitate  such  examination;  and  the  Commis- 
sioner may  administer  oaths  and  examine  under 
oath,  any  persons  relative  to  the  business  of  such 
person;  and  if  he  tinds  the  boolisto  have  been  care- 
iesslj'  or  improperly  kept  or  posted,  he  must  em- 
ploy sworn  experts  to  rewrite,  post,  and  balance 
the  same,  at  the  expense  of  such  person.  Such 
examination  must  be  conducted  in  the  county 
where  such  person  has  his  principal  place  of  busi- 
ness, and  must  be  private,  unless  the  commission- 
er deems  it  necessary  to  publish  the  result  of  such 
investigation,  in  which  case  he  may  publish  the 
same  in  two  of  the  public  newspapers  of  this 
State,  one  of  which  must  be  published  in  the  city 
of  San  P'rancisco. 

Basis  of  section— and  of  three  succeeding  sec- 
tions, Stats.  1868,  p.  336. 

§  598.  The  Commissioner  may  collect  the  sum 
of  five  hundred  dollars  from  any  person  engage<l 
in  the  business  of  insurance,  for  each  refusal  to 
give  full  and  truthful  information,  and  response 
in  writing,  to  any  inquiry  in  writing  by  the  Com- 
missioner relating  to  the  business  of  insurance  as 
carried  on  by  him;  and  for  that  purpose  suits  may 
be  instituted  by  the  Commissioner,  in  the  name  of 
the  people  of  the  State  of  California,  in  any  court 
of  competent  jurisdiction. 

§  59&.  The  Commissiouer  may  issue  subpoenas 
for  witnesses  to  attend  and  testify  before  him  im 
any  subject  touching  insurance  business,  or  in  aid 
of  his  duties,  which  must  be  served,  obeyed,  and 
enforced  as  provided  in  the  Code  of  Civil  Proce<;i- 
ure  for  civil  cases;  the  Commissioner  to  issue  at- 
tachments and  impose  the  penalty  for  disobe 
dience;  and,. in  addition,  the  defaulting  witness 
may  be  pimished  as  provided  in  the  Penal  Code. 

§  600.  "Whenever  the  Commi.ssioner  ascertains 
that  any  person  engaged  in  the  insurance  busines«» 
is  insolvent  within  the  meaning  of  this  chapter,  he 
must  revoke  the  certificate  granted,  and  send  by 


—'3  EsecoTire  Officers.  f  6iJl 

ail  to  sneh  persoii.  addressed  to  Mm  at  his  prin- 
:>al  place  of  business,  or  deliver  to  him  personal- 
■  notic-e  of  sBch  rerocation.  and  canse  notice 
ci^ereof  to  be  filed  in  his  offic-e.  and  also  to  be  ptib- 
lished  daily  for  four  "weeks  in  some  ne'wspaper 
published  in  the  city  of  San  Francisco.  He  must 
require  such  person,  after  receiTing  notic-e  of  the 
revocation,  or  after  the  first  public-ation  thereof. 
to  discontinue  the  issuing  of  any  new  policies,  and 
the  renewal  of  any  previously  issued:  and  in  such 
cases  must  require  the  person,  or  the  manager  or 
agent  of  the  business,  to  repair  the  capital  thereof 
within  such  period  as  he  may  designate  in  such 
requisition,  by  assessment  upon  the  stockholders 
for  such  amounts  as  wiU  make  the  capital  equal  to 
the  amount  of  the  paid  up  capital  exclusive  of  as- 
sets needed  to  pay  aU  asc-ertained  liabilities  for 
losses  reported,  for  expenses  and  taxes,  and  exclu 
sive  of  the  entire  premiums  received  for  outstand- 
ing risks. 

§  601.  In  case  any  person,  upon  the  requisition 
of  the  Commissioner,  fails  to  make  up  the  deficien- 
cy of  the  capital  in  aec-ordance  with  the  require- 
ments of  this  chapter,  or  to  comply  in  all  respects 
with  the  laws  of  this  State,  the  Commissioner 
must  communicate  the  fact  to  the  Attorney  Gen- 
eraL  who  must  commence  an  action  in  the  name  of 
the  people  of  this  State,  in  the  Superior  Court  of 
the  county  where  the  person  in  question  is  locate<l. 
or  has  his  principal  office,  against  such  person. 
and  apply  for  an  order  requiring  cause  to  be 
shown  why  the  business  should  not  be  closed:  and 
the  court  must  thereupon  hear  the  allegations  and 
proofs  of  the  respective  parties,  as  in  other  cases. 
If  it  appears  to  the  satisfaction  of  the  court  that 
such  person  is  insolvent,  or  that  the  interests  of 
the  public  so  require,  the  court  must  decree  a  dis- 
solution of  such  corporation,  and  a  winding-up  of 
its  affairs,  and  a  distribution  of  the  effects  of  sucb 
person;  but  otherwise,  the  court  must  enter  a  de- 
cree annulling  the  act  of  the  Commissioner  in  the 
premises,  and  authorizing  such  person  to  resume 
business.  But  the  Commissioner  must  not  be  held 
liable  for  damages  if  he  has  acted  in  good  faith. 
In  the  event  of  any  additional  losses  occurrinsr  up- 
on new  risks  taken     after  the     expiration  of  the 


§  602  Executive  Officers.  124 

period  limited  by  the  Commissioner  in  tlie  requisi- 
tion, and  before  the  deficiency  has  been  filled  up, 
the  directors  of  any  company,  corporation,  or  as- 
sociation, are  individually  liable  to  the  extent 
thereof.  [Amendment  approved  April  3,  1880, 
Amendments  1880,  19.    In  effect  immediately.] 

§  602.  Wherever  provisions  for  the  liabilities 
of  any  person  engaged  in  the  business  of  fire,  ma- 
rine, or  inland  navigation  insurance  in  this  State 
for  losses  reported,  expenses,  taxes,  and  reinsui-- 
ance  of  all  outstanding  rislis,  estimated  at  fifty 
per  cent  of  the  premiums  received  and  receivable 
on  all  fire  risks  and  maritime  time  risks,  at  the  full 
premiums  received  and  receivable  on  all  other 
maritime  risks,  would  so  far  impair  his  capital 
stock  paid  in  as  to  reduce  the  same  below  two 
hundred  thousand  dollars,  or  below  seventy-five 
per  cent  of  said  capital  stock  paid  in,  such  person 
is  insolvent;  and  in  the  case  of  a  person  engaged 
in  such  insurance  in  this  State,  on  the  mutual 
plan,  if  the  available  cash  assets  of  such  person 
shall  not  exceed  his  liabilities,  as  hereinbefore 
enumerated,  in  the  full  sum  of  two  hundred  thou- 
sand dollars,  such  person  is  insolvent;  and  wher- 
ever provision  for  the  liabilities  of  any  person  en- 
gaged in  any  kind  of  insiu-ance  business  in  this 
State,  other  than  life  and  insurance  of  titles  to 
real  estate,  provided  for  in  section  four  hundred 
and  twenty  of  the  Civil  Code  of  this  State,  for 
losses  reported,  expenses,  taxes,  and  reinsurance 
of  all  outstanding  risks,  estimated  at  such  rates 
as  ai"e  accepted  by  the  insurance  authorities  of  the 
State  of  New  York,  would  so  far  impair  his  capi- 
tal stock  paid  in  as  to  reduce  the  same  below  one 
hundred  thousand  dollars,  or  below  seventy-five 
per  cent  of  said  capital  stock  paid  in,  such  person 
is  insolvent;  and  in  case  of  a  person  engaged  in 
such  insurance  business  in  this  State,  on  the  mu- 
tual plan,  if  his  available  cash  assets  shall  not  ex- 
ceed his  liabilities,  as  hereinbefore  enumerated,  in 
the  full  sum  of  one  hundred  thousand  dollars,  such 
person  is  insolvent.  In  the  case  of  a  company  or 
a  corporation  engaged  in  the  business  of  life  in- 
surance, whenever  its  liabilities  for  losses  report- 
ed, expenses,  taxes  and  reinsurance  of  all  its  out- 
standing risks,  at  rates  based  upon  the  American 


125  Executive  Officers.  §§  603-606 

Experience  Table  of  Mortality,  and  interest  at  the 
rate  of  four  and  one  half  per  centum  per  annam, 
exceeds  its  assets,  such  company  or  corporation  is 
insolvent.  In  the  case  of  a  corporation  or  com- 
pany  engaged  in  the  business  of  insurance  of  the 
title  to  real  estate,  vs^henever  provision  for  its  lia- 
bility for  losses  reported,  expenses,  and  taxes, 
vrould,  after  exhausting  its  surplus  fund,  so-  far 
impair  its  capital  stock  paid  in  as  to  reduce  the 
same  below  one  hundred  thousand  dollars,  or  be- 
low seventy-five  per  cent  of  said  capital  stoclv  paid 
in,  such  corporation  or  company  is  insolvent.  [In 
effect  March  5,  1887.] 

§  603.  The  Commissioner  must  lieep  and  pre- 
serve, in  a  permanent  form,  a  full  record  of  his 
proceedings,  including  a  concise  statement  of  the 
condition  of  each  jierson  visited  or  examined  by 
him.     [See  Stats.  1868,  p.  336.] 

§  604.  The  Commissioner  may  employ  an  actu- 
ary to  malve  the  valuation  of  life  policies,  at  the 
compensation  of  not  exceeding  three  cents  for  each 
thousand  dollars  of  insurance,  to  be  paid  by  the 
person  or  corporation  for  which  the  valuation  is 
made.    [See  Stats.  1870,  p.  860,  sec.  1.] 

§  605.  The  Commissioner  must  require  in  ad 
vance,  in  United  States  gold  coin,  the  following 
fees: 

1.  For  filing  the  articles  of  incorporation,  or  cer- 
tified copy  of  articles,  or  other  certificate  required 
to  be  tiled  in  his  office,  thirty  dollars; 

2.  For  filing  the  annual  statement  required  to 
be  filed,  twenty  dollars; 

3.  For  filing  any  other  papers  required  by  this 
chapter  to  be  filed,  five  dollars; 

4.  For  furnishing  copies  of  papers  filed  in  his 
office,  twenty  cents  per  folio; 

5.  For  certifying  copies,  one  dollar  each; 

6.  For  each  certificate  issued  as  provided  in  sec- 
tion 619,  the  sum  of  five  dollars.  [See  Stats.  1868, 
p.  336.] 

§  606.  If  the  salary  of  the  Commissioner  and 
the  expenses  of  his  office  exceeds  the  fees  and 
charges  collected  by   him,   such   excess   must   be 


§  GOT  Executive  Officers.  126 

annually  assessed  by  the  Commissioner  upon  all 
persons  or  incorporations  engaged  in  the  business 
of  insurance  in  this  State,  and  they  are  severally 
liable  therefor,  pro  rata,  according  to  the  amount 
of  premiums  received  or  receivable  from  risks  tak- 
en in  this  State,  respectively,  during  the  year  end- 
ing on  the  thirty-flrst  day  of  December  next  pre- 
ceding the  assessment.  The  Commissioner  must 
collect  all  fees  and  assessments,  and  pay  monthly 
into  the  State  Treasury  whatever  amounts  may  be 
received  and  collected  by  him.  He  may  bring  ac- 
tion in  the  name  of  the  people  of  this  State  to  en- 
force such  collection;  and  any  person  liable  for 
any  assessment,  who  neglects  or  refuses  to  pay 
the  amount  of  such  assessment  within  ten  days 
after  demand  thereof,  in  writing,  by  the  Insurance 
Commissioner,  becomes  liable  to  pay  double  the 
amount  of  such  assessment,  and  any  judgment  re- 
covered in  such  case  must  be  for  such  double 
amount  and  costs. 

§  607.  The  Commissioner  must  cause  every  cor- 
poration or  person,  before  engaging  in  the  busi- 
ness of  insurance,  to  file  in  his  office  as  follows: 

1.  If  incorporated  under  the  laws  of  this  State. 
a  copy  of  the  articles  of  incorporation  or  statement 
of  any  increase  or  diminution  of  the  capital  stock, 
certified  by  the  Secretary  of  State  to  be  a  copy 
of  that  which  is  filed  in  his  office. 

2.  If  incorporated  under  the  laws  of  any  other 
State  or  country,  a  copy  of  the  articles  of  incorpo« 
ration,  if  organized  or  formed  under  any  law  re- 
quiring articles  to  be  filed,  duly  certified  by  the 
officer  having  the  custody  of  such  articles;  or  if 
not  so  organized,  a  copy  of  the  law,  charter,  or 
deed  of  settlement  under  which  the  deed  of  organ- 
ization is  made,  duly  certified  by  the  proper  cus- 
todian thereof  or  proved  by  affidavit  to  be  a  copy, 
also,  a  certificate  under  the  hand  and  seal  of  the 
proper  officer  of  such  State  or  country  having  su- 
pervision of  insurance  business  therein,  that  such 
corporation  or  company  is  organized  under  the 
laws  of  such  State  or  country,  with  the  amount  of 
capital  stock  or  assets  required  by  this  chapter. 

3.  If  not  incorporated,  a  certificate  setting  forth 
the  nature  and  character  of  the  business,  the  loca- 
tion of  the  principal  office,  the  names  of  the  per- 


127  Executive  Officers.  §§  608,609 

sons  and  of  those  composing  the  association,  the 
amount  of  actual  capital  employed  or  to  be  em- 
ployed therein,  and  the  names  of  all  officers  and 
persons  by  whom  the  business  is  or  may  be  man- 
aged. The  certificate  must  be  verified  by  the  affi- 
davit of  the  chief  officer,  secretary,  agent,  or 
manager  of  the  association;  and  if  there  are  any 
written  articles  of  agreement  or  association,  a 
copy  thereof  must  accompany  such  certificates; 
provided,  however,  when  the  number  of  persons 
composing  such  association  shall  exceed  ten,  such 
certificate  need  not  state  the  names  of  any  greater 
number  of  persons  than  ten,  who  shall  be  the  larg- 
est shareholders;  and  if  such  association  of  per- 
sons be  formed  out  of  the  United  States,  the  said 
certificate  need  not  contain  the  names  of  any  offi- 
cers or  managers  other  than  those  resident  within 
the  United  States,  nor  any  statement  of  capital 
not  employed  within  the  United  States,  and  the 
affidavit  may  be  made  by  the  chief  executive  of- 
ficer or  manager  in  the  United  States.  [In  effect 
March  4,  1887.] 

§  608.  He  must  require  from  every  insurance 
association  not  formed  under  the  laws  of  this 
State,  or  not  incorporated,  carrying  on  the  business 
of  insurance  by  an  agent; 

1.  A  certified  or  verified  power  of  attorney,  or 
written  authority  to  such  agent; 

2.  A  notice  of  any  change  of  agents  or  in  the 
powers  of  any  agent,  within  ninety  days  after 
such  change,  and  a  certified  copy  of  any  new  or 
further  power  of  attorney  or  authority  before  the 
same  is  acted  under; 

3.  When  by  any  law,  agreement,  or  other  writ- 
ing, any  change  is  made  in  respect  to  any  of  the 
])articulars  set  forth  in  the  certificate  on  file,  a  cer- 
tified copy  of  such  law,  agreement,  or  other  writ- 
ing, verified  respectively  as  certificates  are  re- 
quired to  be  verified;  also,  a  notice  of  such  change 
))efore  the  same  is  acted  under. 

Foreign  insurance  companies  to  pay  premium 
for  benefit  of  "fireman's  relief  fund":  See  act  of 
March  3,  1885,  post,  sec.  610. 

§  609.  The  Commissioner  must  require  the 
name  under  Avhich  any  corporation  hereafter  pro- 


§§  610,611  Executive    Officers.  128 

poses  to  be  formed  or  organized  under  the  laws  of 
this  State  for  the  transaction  of  insurance  busi- 
ness, to  be  submitted  to  him  before  the  commence- 
ment of  such  business;  and  he  may  reject  any 
name  or  title  so  submitted  when  the  same  is  an 
interference  with  or  too  similar  to  one  already  ap- 
propriated, or  likely  to  mislead  the  public  In  any 
respect;  and  in  such  a  case  a  name  not  liable  to 
such  objection  must  be  chosen. 

§  610.  The  Commissioner  must  require  from 
every  corporation  or  person  doing  the  business  of 
insurance  in  this  State,  statements  verified  as  fol- 
lows: 

1.  If  it  be  made  by  a  corporation  organized  un- 
der the  laAvs  of  this  State,  by  the  oaths  of  the 
President  and  Secretary,  or  the  Vice-President  and 
Secretary  thereof. 

2.  If  it  be  made  by  an  individual  or  firm,  by  the 
oath  of  such  individual  or  a  member  of  the  firm. 

3.  If  made  by  a  foreign  insurance  company  or 
person,  by  the  oath  of  the  principal  executive  of- 
ficer thereof,  or  manager  residing  within  the 
United  States.     [In  effect  March  4,  1887.] 

The  original  section  had  the  following  further 
clause  at  the  end  of  the  second  subdivision:  "Or 
by  the  oath  of  a  duly  authorized  agent  thereof  re- 
siding in  this  State." 

§  611.  All  corporations  or  persons  doing  the 
business  of  insurance  in  this  State  must  malce  and 
file  with  the  Insurance  Commissioner,  on  or  before 
the  fifteenth  day  of  January  of  each  year,  a  state- 
ment, verified  by  the  oath  of  the  principal  execu- 
tive officer  or  manager  residing  in  this  State  show- 
ing the  business  done  in  this  State  during  the  year 
ending  the  thirty-first  day  of  December  then  next 
preceding.  They  shall  also  malve  and  file  with 
said  Commissioner,  at  the  times  hereinafter  men- 
tioned, furtlier  statements  which  must  exhibit  the 
condition  and  affairs  of  every  such  corporation, 
person,  firm,  or  association,  on  the  thirty-first  day 
of  December  then  next  preceding,  which  state- 
ments as  adjusted  by  the  Commissioner  upon  a 
proper  examination  of  the  same,  must  be  publish- 
ed by  such  corporation,  person,  firm,  or  associa- 
tion, daily,  for  the  period  of  one  weeli.  in  some 


129  Executive  Officers.  §  612 

newspaper  published  in  the  city  where  the  princi- 
pal office  in  this  State  Is  located.  Such  statement, 
if  made  by  a  person  or  corporation  organized  un- 
der the  laws  of  this  State,  must  be  filed  with  the 
Commissioner  on  or  before  the  first  day  of  Febru- 
ary of  each  year.  If  made  by  a  person  or  persons 
residing  in,  or  corporation  organized  under  the 
laws  of  any  other  of  the  States  or  Territories  of 
the  United  States,  it  must  be  filed  on  or  before  the 
tenth  day  of  March  of  each  year.  And  if  made  by 
a  person,  or  corporation  organized  under  the  laws 
of  any  country  foreign  to  the  United  States,  it 
must  be' filed  on  or  before  the  first  day  of  May  of 
each  year.     Liu  effect  March  4,  1887.] 

§  612.  Such  statement,  if  made  by  fire,  marine, 
aud  inland  insurance  companies,  or  by  companies 
organized  under  section  four  hundred  and  twenty 
of  the  Civil  Code,  must  sho"w: 

First— The  amount  of  the  capital  stock  of  the 
company. 

Second— The  property  or  assets  held  by  the  com- 
pany, specifying: 

1.  The  value  of  real  estate  held  by  said  com- 
pany. 

2.  The  amount  of  cash  on  hand  and  deposited 
in  banks  to  the  credit  of  the  company,  specifying 
the  same. 

3.  The  amount  of  cash  in  the  hands  of  agents, 
aud  in  course  of  transmission. 

4.  The  amount  of  loans  secured  by  bonds  and 
mortgages,  constituting  the  first  lien  on  real  es- 
tate, on  which  there  is  less  than  one  years  inter- 
est due  or  owing. 

5.  The  amount  of  loans  on  which  interest  has 
not  been  paid  within  one  year  previous  to  such 
statement. 

G.  The  amount  due  the  company  on  which  judg- 
ments have  been  obtained. 

7.  The  amount  of  stocks  of  this  State,  of  the 
United  States,  or  any  incorporated  city  of  this 
State,  and  of  any  other  stocks  owned  by  the  com- 
pany, specifying  the  amount,  number  of  shares, 
and  par  and  market  value  of  each  kind  of  stocks. 

8.  The  amount  of  stocks  held  as  collateral  se- 
curity for  loans,  with  the  amount  loaned  on  each 
kind  of  stock,  its  par  value  and  market  value. 


§  (312  Executive  Officers.  130 

9.  The  amount  of  interest  due  and  unpaid. 

10.  Tlie  amount  of  all  other  loans  made  by  the 
company,  specifying  the  same. 

11.  The  amount  of  premium  notes  on  hand  on 
which  policies  are  issued. 

12.  All  other  property  belonging  to  the  company, 
specifying  the  same. 

Third— The  liabilities  of  such  company,  specify- 
ing: 

1.  The  amount  of  losses  due  and  unpaid. 

2.  The  amount  of  claims  for  losses  resisted  by 
the  company. 

3.  The  amount  of  losses  in  process  of  adjust- 
ment or  in  suspense,  including  all  reported  or  sup- 
posed losses. 

4.  The  amount  of  dividends  declared,  due  and 
remaining  unpaid. 

5.  The  amount  of  dividends  declared,  but  not 
due. 

6.  The  amount  of  money  borrowed  and  secur- 
ity given  for  the  payment  thereof. 

7.  Gross  premium  (without  any  deductions)  re- 
ceived and  receivable  upon  all  unexpired  fire  risks, 
running  one  year  or  less  from  date  of  policy,  rein- 
surance thereon  at  fifty  per  cent. 

8.  C4ross  premiums  (without  any  deductions)  re- 
ceived and  receivable  upon  all  unexpired  fire  risks 
running  more  than  one  year  from  tlae  date  of  pol- 
icy, reinsurance  thereon  pro  rata. 

9.  Gross  premiums  (without  any  deductions) 
received  and  receivable  tipon  all  unexpired  marine 
and  inland  navigation  risks  except  time  risks,  re- 
insurance thereon,  at  one  hundred  per  cent. 

10.  Gross  premiums  (Avithout  any  deductions) 
received  and  receivable  on  marine  time  risks,  rein- 
siu-ance  thereon  at  fifty  per  cent. 

11.  Amount  reelaimable  by  the  insured  on  per- 
petual fire  insurance  policies,  being  ninety-five  per 
cent  of  the  premiums  or  deposit  i-eceived. 

12.  Reinsurance  fund  and  all  other  liabilities, 
except  capital  inider  the  life  insurance  or  any  oth- 
er special  department. 

13.  Unused  balances  of  bills  and  notes  taken  in 
advance  for  premiums  on  open  marine  and  inland 
policies,  or  otherwise,  returnable  on  settlement. 

14.  Principal  unpaid  on  scrip  or  certificates  of 
profits,  which  have  been  authorized  or  ordered  to 
be  redeemed. 


131  Executive  Officers.  §  613 

15.  Amount  of  all  other  liabilities  of  the  com- 
pany, specifying  the  same. 

Fourth— The  income  of  the  company  during  the 
preceding  year,  specifying: 

1.  The  amount  of  cash  premiums  received. 

2.  The  amount  of  notes  received  for  premiums. 

3.  The  amount  of  interest  money  received, 
specifying  the  same. 

4.  The  amount  of  Income  received  from  all  oth- 
er sources,  specifying  the  same. 

Fifth— The  expenditures  of  the  preceding  year, 
specifying: 

1.  The  amount  of  losses  paid. 

2.  The  amount  of  dividends  paid. 

3.  The  amount  of  expenses  paid,  including  com- 
missions and  fees  to  agents  and  officers  of  the 
company. 

4.  The  amount  paid  for  taxes. 

.5.    The  amount  of  all  other  payments  and  ex- 
penditures. 
Sixth: 

1.  The  amount  of  risks  written  during  the  year. 

2.  The  amount  of  rislvs  expired  during  the  year. 

3.  The  amount  of  risks  written  during  the  year 
in  the  State  of  California. 

4.  The  amount  of  premiums  thereon. 

Provided,  that  any  foreign  fire,  marine,  or  in- 
land insurance  company,  incorporated  or  not  in- 
corporated, doing  business  within  this  State,  hav- 
ing on  deposit  at  any  place  within  the  United 
States,  assets  to  the  amount  of  two  hundred  thou- 
sand dollars  over  and  above  its  liabilities  in  the 
United  States,  as  security  for  the  policy  holders 
therein,  may  at  its  option  make  a  separate  state- 
ment to  the  Insurance  Commissioner  of  its  foreign 
business  and  assets,  but  shall  be  required  to  re- 
turn only  the  business  done  in  the  United  States, 
and  the  assets  held  by  or  for  it  within  the  United 
States  for  the  protection  of  policy  liolders  therein. 
[In  effect  March  4,  1887.] 

§  613.  Such  statement,  if  made  by  life,  health, 
and  accident  companies,  must  show: 

First— The  amount  of  the  capital  stock  of  the 
company. 

Second — The  property  or  assets  held  by  the  com- 
pany, specifying: 


§  613  Executive  Officers.  132 

1.  The  value  of  the  real  estate  held  by  the 
company. 

2.  The  amount  of  cash  on  hand  and  deposited 
in  banks  to  the  credit  of  the  company,  specifying 
the  same. 

3.  The  amount  of  loans  secured  by  bond  and 
mortgage  on  real  estate,  specifying  the  same. 

4.  Amount  of  loans  secured  by  pledge  of  bonds, 
stoclis,  or  other  marlietable  securities  as  collateral, 
specifying  the  same. 

5.  Cash  marliet  value  of  all  stocks  and  bonds 
owned  by  the  company,  specifying  the  same. 

6.  Interest  due  the  company  and  unpaid. 

7.  Interest  accrued,  but  not  due. 

8.  Premium  notes  and  loans  in  any  form  taken 
in  payment  of  premiums  on  policies  now  in  force. 

9.  Gross  amount  of  premiums  in  process  of  col- 
lection and  transmission  on  policies  in  force. 

10.  Gross  amount  of  deferred  premiums. 

11.  All  other  assets,  specifying  the  same. 
Third— Liabilities. 

1.  Claims  for  death  losses  and  matured  en- 
doAvments,  due  aud  unpaid. 

2.  Claims  for  death  losses  aud  matured  endow- 
ments in  process  of  adjustment,  or  adjusted  and 
not  due. 

3.  Claims  resisted  by  the  company. 

4.  Amounts  due  and  unpaid  on  annuity  claims. 

5.  Trust  fund,  on  deposit,  or  net  present  value 
of  all  the  outstanding  policies,  computed  accord- 
ing to  the  .Vmerican  Experience  Tables  of  Mor- 
taiitj',  with  four  and  one-half  per  cent  interest. 

6.  Additional  trust  fund  on  deposit,  or  net  pres- 
ent value  of  extra  and  special  risks,  including 
those  on  impaired  lives. 

7.  Amount  of  all  unpaid  dividends  of  surplus 
percentages,  bonuses,  and  other  description  of 
profits  to  policy  holders,  and  interest  thereon. 

8.  Amount  of  any  other  liability  to  policy  hold- 
ers, or  annuitants  not  included  above. 

9.  Amount  of  dividends  unpaid  to  stockholders. 

10.  Amount  of  National,  State,  and  other  taxes 
due. 

11.  All  other  liabilities,  specifying  the  same. 
Fourth — Income. 

1.  Cash  received  for  premiums  on  new  policies 
during  the  year. 


133  Executive  Officers.  S  61-t 

2.  Cash  received  for  renewal  of  premiums  dur- 
ing the  year. 

3.  Casli  received  for  purcliase  of  annuities. 

4.  Cash  received  for  all  other  premiums. 

5.  Cash  received  for  interest  on  loans,  specify- 
ing the  same. 

6.  Rents  received. 

7.  Cash  received  from  all  other  sources,  speci- 
fying the  same. 

8.  Gross  amount  of  notes  taken  on  account  of 
new  premiums. 

9.  Gross  amount  of  notes  taken  on  account  of 
renewal  premiums. 

Fifth— Expenditures. 

1.  Cash  paid  for  losses. 

2.  Cash  paid  to  annuitants. 

3.  Cash  paid  for  lapsed,  surrendered,  and  pur- 
chased policies. 

4.  Cash  paid  for  dividends  to  policy  holders. 

5.  Cash  paid  for  dividends  to  stockholders. 

6.  Cash  paid  for  reinsurances. 

7.  Commission  paid  to  agents. 

8.  Salaries  and  other  compensation  of  officers 
and  employees,  except  agents  and  medical  exam- 
iners. 

9.  Medical  Examiners'  fees  and  salaries. 

10.  Cash  paid  for  taxes. 

11.  Cash  paid  for  rents. 

12.  Casli  paid  for  commviting  commissions. 

13.  All  otiier  cash  payments. 

Sixth — Balance  sheet  of  premium  note  account. 
Seventh— Balance  sheet  of  all  the   business  of 
the  company. 
Eiglith: 

1.  Total  amount  of  insurance  effected  during 
the  year  on  new  policies. 

2.  Total  amount  of  insurance  effected  during 
the  year  in  the  State  of  California. 

3.  Premiums  received  during  the  year  on  risks 
written  in  the  State  of  California. 

§  614.  Mutual  companies  formed,  existing,  and 
doing  business  under  an  act  entitled  "An  Act  to 
provide  for  tlie  incorporation  of  Mutual  Insurance 
Companies,"  passed  April  twenty-sixth,  eighteen 
hundred  and  fifty-one,  may  report  their  approved 
stock  notes  as  capital  paid  up,  and  such  notes  for 
Pol.  Code— 12. 


§§  G15,  G16  Executive  Officers.  134 

all  purposes  must  be  deemed  part  of  the  paid  up 
capital  stocl£  of  such  corporation. 

§  615.  The  Insurance  Commissioner  must  cause 
to  be  prepared,  and  furnished  to  each  person  and 
to  each  of  the  companies  incorporated  in  this 
State,  and  to  the  attorney  of  each  of  the  compa- 
nies incorporated  or  chartered  by  other  States  and 
foreign  Governments,  printed  forms  of  the  state- 
ments herein  required;  and  he  may  make  such 
cliauges  from  time  to  time  in  tlie  form  of  the 
same  as  seems  to  him  best  adapted  to  elicit  from 
the  companies  a  true  exhibit  of  their  condition  In 
respect  to  the  several  points  hereinbefore  enumer- 
ated. The  same  forms  must  be  addressed  to  all 
persons  and  companies  engaged  in  the  same  liind 
of  business. 

§  616.  The  Insurance  Commissioner  must  re- 
nuire.  as  a  condition  precedent  to  the  transaction 
of  insurance  business  in  this  State  by  any  foreign 
corporation  or  company,  that  such  corporation  or 
company  must  file  in  his  otfice  the  name  of  an 
agent  and  his  place  of  residence  in  this  State,  on 
whom  summons  and  other  process  may  be  served 
in  all  actions  or  other  legal  proceedings  against 
such  corporation  or  company.  All  process  so  serv- 
ed gives  jurisdiction  over  the  person  of  such  cor- 
poration or  company.  The  agent  so  appointed  and 
designated  shall  be  deemed  in  law  a  general  agent, 
and  must  be  the  principal  agent  or  chief  manager 
of  the  business  of  such  corporation  or  company  in 
this  State.  Any  such  foreign  corporation  or  com- 
pany shall,  as  a  further  condition  precedent  to  the 
transaction  of  insurance  business  in  this  State,  and 
in  consideration  of  tlie  privilege  to  transact  such 
insurance  biisiness  in  this  State,  make  and  file 
with  the  Insurance  Commissioner  an  agi'eement 
or  stipulation,  executed  by  the  proper  authorities 
of  such  coi'poration  or  company,  in  form  and  sub- 
stance as  folloAvs:  The  (giving  name  of  corpora- 
tion or  company)  does  hereby  stipulate  and  agree, 
that  in  consideration  of  the  permission  granted  by 
the  State  of  California  to  it  to  transact  insurance 
business  in  this  State,  that  if  at  any  time  said  cor- 
poration or  company  shall  be  without  an  agent  in 
said  State,  on  whom  summons  or  other  legal  pro- 
cess may  be  served,  service  of  such  summons  or 


135  Executive  Officers.  §  ol7 

other  legal  process  may  be  made  upon  the  Insur- 
ance Commissioner,  such  service  upon  the  Commis- 
sioner to  have  tlie  same  force  and  effect  as  if  made 
upon  the  corporation  or  company.  Whenever  such 
service  of  summons  or  other  legal  process  shall  be 
made  upon  the  Insurance  Commissioner,  he  must, 
Avithin  ten  days  thereafter,  transmit  by  mail,  post- 
age paid,  a  copy  of  such  summons  or  otlier  legal 
process  to  the  company  or  corporation,  addressed 
to  the  President  or  Secretary  thereof,  at  its  home 
or  principal  office.  Such  copy  must  be  certified  by 
the  Commissioner,  under  his  hand  and  official  seal, 
and  the  sending  of  such  copy  by  the  said  Commis- 
sioner shall  be  a  necessary  part  of  the  service  of 
summons  or  other  legal  process.  [Amendment  ap- 
proved April  1,  1878;  Amendments  1877-8,  p.  17.  In 
effect  April  1,  1878.] 

Original  section  was  based  on  Stats.  1870,  881, 
sec.  1. 

Payment  by  foreign  insurance  company  for  ben- 
efit of  disabled  firemen:  See  post,  Appendix,  p. 
1025. 

§  617.  The  Commissioner  must  collect  the  sum 
of  one  hundred  dollars  from  any  company  or  cor- 
poration engaged  in  the  business  of  insui'ance  in 
this  State,  for  a.  failure  to  mal^e  and  file  in  his  of- 
fice Avithin  the  time  prescribed  by  law,  the  state- 
ments and  stipulations  required  by  sections  six 
hundred  and  ten,  six  liundred  and  eleven,  six  liun- 
dred  and  twelve,  six  hundred  and  thirteen,  and  six 
hundred  and  sixteen  of  this  Code,  and  an  addition- 
al penalty  of  two  hundred  dollars  for  -each  and 
every  montli  or  fractional  part  of  a  month  tlaere- 
after  that  sucli  company  or  corporation  continues 
to  transact  tlie  Imsiness  of  insurance  until  such 
statements  and  stipulations  are  fUed:  and  for  that 
purpose  suits  may  he  instituted  by  the  Insurance 
Commissioner,  in  the  name  of  the  people  of  the 
State  of  California,  in  any  court  of  competent  ju- 
risdiction. And  for  all  lawful  expenses  incurred 
under  this  seel  ion  or  any  other  section  of  this 
Code,  in  the  prosecution  of  any  suit  or  proceeding 
for  the  enforcement  of  tlie  insurance  laws  of  this 
State,  the  Insurance  Commissioner  must  present 
bills  duly  certified  l)y  liim,  with  t)ie  voucliers  to 
the  State  Board  of  Examiners,  wlio  must  allow  the 
same  and  direct  payment  thereof  to  lie  made;  and 


§  618  Executive  Officers.  130 

the  Controller  shall  draw  warrants  therefor  on  the 
Treasurer  for  the  payment  of  the  same  to  the  In- 
surance Commissioner  (in  addition  to  the  ordinary 
contingent  expenses)  out  of  the  General  Fund. 
[In  effect  March  4,  1887.] 

§  618.  "\\'heneTer  the  laws  of  any  State  of  the 
T'nited  States,  or  of  any  country  foi-eign  to  thf 
United  States,  require  any  insurance  company  or 
corporation  orjjanized  under  the  laws  of  this  State 
to  deposit  with  some  officer  of  this  State  securities 
in  trust  for  and  for  the  beneiit  of  the  policy  hold- 
ers of  such  company  or  corporation,  as  a  prerequi- 
site to  transacting  insurance  business  in  such  oth- 
er State  or  foreign  country,  and  whenever,  under 
any  laws  of  this  State,  any  insurance  company  or 
corporation  is  required  to  deposit  with  any  officer 
of  this  State  securities  in  trust  for  and  for  the 
benefit  of  policy  holders  of  such  company  or  cor- 
poration, the  Insurance  Commissioner  of  this  State 
must  receive  from  such  company  or  corporation 
securities  in  the  amount  required  by  the  law  under 
which  such  deposit  is  made,  on  deposit  and  in 
trust  for  the  policy  holders  of  such  company  or 
corporation.  The  value  of  such  securities  must  be 
equal  to  the  value  of  interest-bearing  stocks  and 
bonds  of  the  United  States  Government,  but  none 
of  such  securities  must  be  estimated  above  the  par 
value  of  the  same,  nor  above  their  marl^et  value. 
The  Commissioner  must,  upon  the  receipt  of  such 
securities,  forthwith  make  a  special  deposit  of  the 
same  in  the  State  Treasury,  in  packages  marked 
with  the  name  of  the  company  or  corporation 
from  whom  received,  where  they  must  remain  as 
security  for  policy  holders  in  the  company  or  cor- 
poration to  which  they  respectively  belong;  but 
so  long  as  the  company  or  corporation  continues 
solvent,  he  must  permit  it  to  collect  the  interest 
or  dividends  on  the  securities  so  deposited,  and 
from  time  to  time  to  withdraw  any  such  securities 
on  depositing  other  securities  in  the  stead  of  those 
to  be  withdrawn;  such  new  securities  to  be  vof  the 
same  value  mentioned  in  this  section,  but  such 
securities  must  not  be  Avithdrawn  from  the  State 
Treasury  unless  upon  the  written  order  of  the  act- 
ing President  and  Seci-etary  of  the  corporation 
making  the  deposits,  which  order  must  be  indorsed 


137  Executive  Officers.  §§  619-621 

bv  the  Commissioner,  or  upon  the  order  and  au- 
thority of  some  Court  of  competent  jurisdiction. 
[Amendment  approved  April  1,  1878;  Amendments 
1877-8,  p.  18.    In  effect  April  1,  1878.] 

This  and  next  three  sections— amended  in 
1878;  originally  founded  on  Stats.  1870,  p.  321. 

§  619.  Whenever  any  insurance  company  or 
corporation  has  deposited  with  the  Commissioner 
the  requisite  security,  in  conformity  with  the  re- 
quirements of  the  preceding  section,  the  Commis- 
sioner must  issue  to  such  company  or  corporation 
a  certificate,  under  his  official  seal,  of  such  depos- 
it, for  each  State  or  country  requiring  the  same; 
which  said  certificate  must  state  the  items  and 
amount  of  securities  so  deposited,  and  that  they 
are  of  the  value  therein  represented.  [Amend- 
ment approved  April  1,  1878;  Amendments  1877-8, 
p.  19.    In  effect  April  1,  1878.] 

§  620.  Whenever  any  insurance  company  or 
corporation  so  depositing  securities  with  the  Com- 
missioner, has  paid,  canceled  or  reinsured  all  its 
unexpired  policies  outstanding  in  the  State,  satis- 
factorily to  the  holders  thereof,  and  all  its  liabili- 
ties under  such  policies  are  extinguished  or  as- 
sumed by  other  responsible  companies  or  corpora- 
tions, then,  if  on  application  of  such  company, 
or  corporations,  verified  by  the  oaths  of  its 
President  and  Secretary,  and  from  an  ex- 
amination of  the  boolis  of  the  corporation, 
and  of  its  officers,  uhder  oath,  the  Insur- 
ance Commissioner  is  satisfied  that  all  of  its 
policies  are  so  paid,  canceled,  extinguished,  or  re- 
insured, he  must  deliver  up  to  the  corporation  the 
securities  depositeil.  And  whenever  tlie  laws  of 
any  other  State  or  country,  by  reason  of  whicli 
section  six  hundred  and  twenty-two  of  the  Politi- 
cal Code  of  this  State  is  brought  into  force,  shall 
be  repealed  and  abrogated,  and  any  deposit  which 
shall  have  been  made  witli  the  Commissioner,  un- 
der and  by  reason  of  said  section  six  hundred  and 
twenty-two  of  the  Political  Code,  must  be  deliver- 
ed up  to  the  company  or  corporation  mailing  the 
di'posit.  [Amendment  approved  April  1,  1878; 
Amendments  1877-8,  p.  19.    In  efl'ect  April  1,  1878.] 

§  621.  The  Commissioner  must  malvo  an  annual 
examination  of  the  securities  received  by  him  from 


§  622  Executive  Officers.  138 

each  insurance  company  or  corporation,  and  if  it 
appear  at  any  time  tliat  tlie  securities  deposited  by 
any  such  company  or  corporation  amount  to  less 
than  the  sum  required  for  the  purposes  for  which 
the  deposit  was  made,  lie  must  notify  the  com- 
pany or  corporation  thereof,  and  unless  the  defi- 
ciency is  made  up  within  thirty  days  after  notice 
the  Commissioner  must  countermand  all  the  cer 
tificates  he  may  have  issued  to  the  company  or 
corporation  under  this  chapter,  and  give  notice 
thereof  to  the  officers  of  the  several  States  to 
whom  the  certificate  may  have  been  transmitted; 
and  he  must  also  publish  the  notice  for  three 
weeks  successively  in  some  daily  newspaper  pub- 
lished in  the  City  of  San  Francisco,  at  the  expense 
of  the  company  or  corporation,  to  be  collected  by 
assessment  upon  the  company  or  corporation,  or 
its  duly  appointed  agent  in  this  State.  [Amend- 
ment approved  April  1,  1878;  Amendments  1877-8, 
p.  19.    In  effect  April  1,  1878.] 

§  622.  When  by  the  laws  of  any  other  State  or 
country,  any  taxes,  flues,  penalties,  licenses,  fees, 
deposits  of  money,  or  of  securities,  or  other  obli- 
gations, or  prohibitions,  are  imposed  on  insurance 
companies  of  this  State,  doing  business  in  sucli 
other  State  or  country,  or  upon  their  agents  there- 
in, in  excess  of  such  taxes,  fines,  penalties,  li- 
censes, fees,  deposits  of  securities,  or  other  obliga- 
tions or  prohibitions,  imposed  upon  insurance  com- 
panies of  such  other  State  or  country,  so  long  as 
such  laws  continue  in  force,  the  same  obligations 
and  prohibitions  of  whatsoever  kind  must  be  im- 
posed upon  insurance  companies  of  such  other 
State  or  country  doing  business  in  this  State.  And 
whenever  under  this  section  any  deposit  of  secur- 
ity shall  be  made  in  this  State,  such  deposit  shall 
be  made  in  stocks  or  bonds  of  the  United  States 
Government,  or  in  those  of  the  State  of  California, 
or  in  interest-bearing  bonds  of  any  of  the  counties 
or  incorporated  cities  and  towns  of  the  State  of 
California  not  in  default  for  interest  on  such 
bonds,  which  said  securities  must  be  estimated  at 
not  exceeding  their  par  value  nor  their  market 
value.  [Amendment  approved  March  31,  1897; 
Amendments  1897.  ch.  clxxix.] 

Original  section— before  amendments  1874  and 
1878,  founded  on  Stats.  1870,  p.  321. 


13U  Executive  Officers.  §§  G23-625 

§  623.  The  Commissioner  must  require  every 
company,  association,  or  individual,  not  incorpo- 
rated under  the  laws  of  this  State,  and  proposing 
to  transact  insurance  business  by  agent  or  agents 
in  this  State,  before  commencing  such  business  to 
file  in  his  office  a  bond,  to  be  signed  by  the  person 
or  firm,  officer  or  agent,  as  principal,  with  two 
sureties,  to  be  approved  by  the  Commissioner,  in 
the  penal  sum  of  two  thousand  dollars  for  each 
insurance  company,  association,  firm,  or  individ- 
ual for  whose  account  it  is  proposed  to  collect  pre- 
miums of  insurance  in  this  State,  the  conditions  of 
such  bonds  to  be  as  follows: 

1.  That  the  person  or  firm,  agent,  or  officer 
named  therein,  acting  on  behalf  of  the  company, 
association,  firm,  or  individual  named  therein,  will 
pay  to  the  Treasurer  of  the  county,  or  city  and 
county,  in  which  the  principal  office  of  the  agency 
is  located,  such  sum  per  quarter,  quarterly  in  ad- 
vance, for  a  license  to  transact  an  insurance  busi- 
ness, or  such  other  license  as  may  be  Imposed 
by  law,  so  long  as  the  agency  remains  in  the  hands 
of  the  person  or  firm,  officer,  or  agent  named  as 
principal  in  the  bond. 

2.  That  the  person  or  firm,  officer,  or  agent,  will 
pay  to  the  State  all  stamp  or  other  duties  on  the 
gross  amounts  insured  by  them,  in  the  manner 
and  at  the  time  prescribed  by  law,  inclusive  of  re- 
newals on  existing  policies. 

3.  That  the  person,  firm,  agent,  or  corporation 
named  therein,  will  conform  to  all  the  provisions 
of  the  revenue  and  other  laws  made  to  govern 
them. 

Section  based  on  Stats.  1862,  p.  243,  sec.  1. 

§  624.  Whenever  the  same  person,  firm,  officer, 
or  agent  desires  to  collect  premiums  of  insurance 
for  more  than  one  company,  association,  or  indi- 
vidual, not  incorporated  under  the  laws  of  this 
State,  the  Commissioner  must  require  a  separate 
bond,  as  provided  in  the  preceding  section,  for 
each  company  or  association  so  represented  by 
such  person,  firm,  officer,  or  agent. 

See  Stats.  18G2,  245,  sec.  5. 

§  625.  The  Commissioner  must,  before  the  com- 
mencement of  each  fiscal  year  as  fixed  in  the  rev- 
enue laws,  furnish  the  Assessor  of  the  county  in 
which  the  principal  office  of  any  person  or  corpo- 


§§  62(3-0.30  Executive  Officers.  140 

ration  doing  the  business  of  insurance  is  situated, 
all  the  data  concerning  premiums  collected  by,  and 
all  other  necessary  information  in  relation  to  the 
business  of  such  person  or  corporation  as  will  as- 
sist the  Assessor  in  the  performance  of  his  duties. 

§  626.  The  Commissioner  must  require  from 
every  person,  before  and  after  engaging  in  the 
business  of  insiirauoe,  afull  compliance  with  all  the 
provisions  of  Title  II,  Part  IV,  Division  I,  of  the 
Civil  Code  applicable  thereto;  and  every  person 
neglecting  to  comply  with  such  requirements  is 
subject  to  the  fines  and  penalties  therein  prescrib- 
ed.    [See  Civil  Code,  sees.  414-450.] 

§  627.  All  statements,  estimates,  percentages, 
payments,  and  calculations  required  by  this  chap- 
ter to  be  made,  either  by  the  Commissioner  or 
persons  engaged  in  the  business  of  fire  or  marine 
insurance,  must  be  in  gold  coin  of  the  United 
States. 

§  628.  The  annual  salary  of  the  Insurance  Com- 
missioner is  three  thousand  dollars.  [Approved 
April  23,  1880;  Amendments  1880,  p.  88.  In  effect 
July  1,  1880.    See  sec.  343.] 

No  change  effected  by  amendment. 

§  629.  The  annual  salary  of  the  Deputy  of  the 
Insurance  Commissioner  is  eighteen  hundred  dol- 
lars.    [In  effect  March  4,  1887.] 

Original  salary  sixteen  hundred  dollars. 

Deputy  is  an  executive  officer:  Sec.  343,  ante. 

§  630.  The  Commissioner  may  procure  rooms 
for  his  office  at  a  rent  not  to  exceed  seventy-five 
dollars  per  month,  and  may  provide  a  suitable 
safe  and  furniture  therefor;  he  may  also  provide 
stationery,  fuel,  printing,  and  other  conveniences 
necessary  for  the  transaction  of  the  business  of 
his  office.  Out  of  the  funds  paid  into  the  State 
Treasurj'  by  the  Insurance  Commissioner,  there 
shall  be  set  aside  and  reserved  each  and  every 
year  the  sum  of  two  thousand  dollars,  as  a  spe- 
cial fund,  to  be  called  the  Insurance  Commission- 
er's Special  Fund.  All  expenditures  authorized  in 
this  section  must  be  audited  by  the  Board  of  Ex- 
aminers, who  must  allow  the  same  and  direct  pay- 
ment thereof  to  be  made;  and  the  Controller  shall 
draw  warrants  therefor  on  the  State  Treasurv  for 


141  Executive  Officers.  §S  631-633 

the  payment  of  the  same  to  the  "insm-ance  Com- 
missioner out  of  the  said  Insurance  Commission- 
er's Special  Fund.     [In  effect  March  4,  1887.] 

§  631.    The  Commissioner  must  keep  his  offie* 
in  the  City  of  San  Francisco. 

§  632.    The  Commissioner  must  execute  an  offi- 
cial bond  in  the  sum  of  ten  thousand  dollars. 
Official  bond:  Sees.  947-986. 

§  633.  No  person  shall,  in  this  State,  act  as  the 
agent  or  solicitor  of  any  life  insurance  company 
doing  business  in  this  State  until  he  has  produced 
to  the  commissioner,  and  tiled  with  him,  a  dupli- 
cate power  of  attorney  from  the  company,  or  its 
authorized  agent,  authorizing  him  to  act  as  such 
agent  or  solicitor.  Upon  filing  such  power,  the 
commissioner  shall  issue  a  license  to  him  to  act 
as  such  agent  or  solicitor  for  such  company,  if 
such  company  has  received  a  certificate  of  author- 
ity from  such  commissioner  to  do  business  in  this 
State.  Such  license  shall  continue  in  force  twelve 
months  from  the  date  thereof,  but  may  be  and 
shall  be  sooner  revolved  upon  application  of  the 
company  or  its  authorized  agent.  Such  license 
ipay  be  renewed,  from  time  to  time,  for  an  addi- 
tional period  of  twelve  months,  on  production,  by 
the  holder,  to  the  commissioner,  of  a  certificate 
from  the  company  that  such  person's  authority  as 
such  agent  or  solicitor  continues.  P'or  each  such 
license  oi;  renewal  thereof,  the  commissioner  shall 
receive  the  sum  of  one  dollar.  The  commissioner 
shall  keep  an  alphabetical  list  of  the  names  of  the 
persons  to  whom  such  licenses  shall  be  issued 
with  the  date  of  the  license  and  renewal,  and  the 
name  of  the  company  for  Avliom  such  person  is 
workmg.  If  any  person  shall,  under  a  false  or  fic- 
titious name,  procure,  or  attempt  to  procure  a  li- 
cense to  act  as  agent  or  .solicitor  of  any  life 
insurance  company,  he  shall  be  guilty  of  a 
misdemeanor.  Every  person  who,  in  this  State, 
procures,  or  agrees  to  procure,  any  insurance 
for  a  resident  of  this  State  from  anv  insur 
anee  company  not  incorporated  under  t'he  laws 
of  this  State,  unless  such  company  or  its 
agent  has  filed  the  bond  required  bv  the  laws 
of  this  State  relating  to  insurance,  aiid  obtained 
from  the  commissioner  a  certificate  of  authority 


§  633  Executive  Officers.  142 

to  do  business,"  and  every  person  who  solicits  or 
procures  any  life  insurance  without  having  been 
duly  licensed  so  to  do  by  the  commissioner,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  accordingly.  The  insur- 
ance commissioner  must  require,  as  a  condition 
precedent  to  the  transaction  of  life  insurance  bus- 
iness in  this  State,  that  every  life  insurance  cor- 
poration or  company  created  by  the  laws  of  any 
other  State,  or  of  any  foreign  country  must  file  in 
his  office  the  name  of  an  agent,  and  his  place  of 
residence  iu  this  State,  on  wliom  summons  and 
other  process  may  be  served  in  all  actions  or  other 
legal  proceedings  against  sucli  corporation  or  com- 
pany; all  process  so  served  gives  jurisdiction  over 
such  corporation  or  company.  The  agent  so  ap- 
pointed must  be  tlie  principal  agent  of  such  corpo- 
ration or  company  in  this  state.  Any  such  foreign 
corporation  or  company  shall,  as  a  further  condi- 
tion precedent  to  the  transaction  of  insurance 
business  in  this  state,  and  in  consideration 
of  the  privilege  to  transact  such  insurance 
business  in  this  state,  malie  and  fije  Avith  the  in- 
surance commissioner  an  agreement  or  stipulation, 
executed  by  tlie  proper  authorities  of  such  corpo- 
raration  or  company,  in  form  and  substance  as  fal- 
lows: The  (giving  name  of  corporation  or  com- 
pany) does  hereljy  stipulate  and  agree  that  in  con- 
sideration of  the  permission  granted  by  the  state 
of  California  to  it  to  transact  insurance  busi- 
ness in  this  State,  tliat  if  at  any  time  such 
corporation  or  company  shall,  under  the  exist- 
ing provisions  of  law  in  this  State  in  relation 
to  insurance  companies,  be  without  an  agent  in 
this  State  on  whom  summons  or  other  legal  proc- 
ess may  be  served,  service  of  such  summons  or 
other  legal  process  may  be  made  upon  the  insur- 
ance commissioner,  such  service  upon  the  commis- 
sioner to  have  the  same  force  and  effect  as  if 
made  upon  the  corporation  or  company.  Wlien- 
ever  such  service  of  summons  or  other  legal  pro- 
cess shall  be  made  upon  the  insurance  commission- 
er, he  must,  witliln  ten  days  thereafter,  transmit 
by  mail,  by  registered  letter,  a  copy  of  such  sum- 
mons or  otiier  legal  process  to  the  corporation,  ad- 
dressed to  the  president  or  secretary  thereof,  at 
its  home  or  principal  office;  such  copy  must  be 
certified  by  the  commissioner,  imder  his  hand  and 


143  Executive  Officers.  §  034 

official  seal,  and  the  sending  of  such  copy  by  the 
said  commissioner  shall  be  a  necessary  part  of  the 
service  of  summons  or  other  legal  process. 
[Amendment  approved  March  9,  1893;  Stats.  1893, 
p.  116.] 

§  634.  It  shall  be  lawful  for  any  company  or 
corporation  transacting  the  business  of  life  insur- 
ance in  this  State  to  register  with  the  Insurance 
Commissioner  such  of  its  policies  as  may  be  agreed 
upon  by  the  company  and  the  insured;  such  reg- 
istration to  consist  in  a  written  or  printed  list  of 
such  policies,  filed  with  the  Commissioner,  show- 
ing the  name  and  age  of  the  insured,  number  and 
date  of  the  policy,  and  the  kind  and  amount  of  In- 
surance in  each  case.  Such  list  must  be  filed  with 
the  Commissioner  within  thirty  days  after  the 
issuance  of  the  first  registered  policy,  and  must 
contain  all  such  policies  issued  up  to  the  date  of 
filing.  After  that  date,  the  "company  must,  within 
three  days  after  the  first  day  of  each  calendar 
month,  file  a  statement  embracing  all  its  registered 
policies  issued  since  the  filing  of  its  last  preceding 
list.  Upon  tiling  such  lists  of  policies,  from  time 
to  time,  the  company  must  deposit  Avith  the  Com- 
missioner, as  a  special  deposit  for  the  benefit  of 
such  registered  policies,  securities  of  the  denom- 
inations stated  in  section  four  hundred  and  twen- 
ty-seven of  the  Civil  Code,  as  permissible  for  the  in- 
vestment of  the  capital  and  accumulations  of  life 
insurance  companies.  Such  deposit  must  be  in  an 
amount  equal  to  the  full  net  value  of  all  policies 
registered  up  to  the  time  of  making  the  deposit, 
and  must  at  all  times  be  equal  to  such  net  value  of 
all  the  registered  policies.  Upon  receipt  of  such 
securities,  the  Commissioner  must  immediately  de- 
posit them  in  the  State  Treasury,  in  accordance 
with  the  provisions  of  section  six  hundred  and 
eighteen  of  the  Political  Code,  where  they  must 
remain  as  a  special  security  for  the  benefit  of  said 
registered  policies.  Such  company  may  at  any 
time  withdraw  any  excess  of  securities  above  the 
net  present  value  hereinbefore  specified,  uixtn  sat- 
isfying said  Commissioner,  by  written  proof,  that 
such  excess  exists,  and  shall  be  allowed  to  receive 
the  interest  on  all  securities  deposited,  and  to  ex- 
change such  securities,  by  substituting  other  se- 
curities of  the  character  in  which,  by  the  laws  of 
this  State,  it  may  invest  its  funds.     [New  section 


§  642  Executive  Officers.  144 

approved  April  1,  187S;  Ameudments  1877-8,  p.  20. 
In  effect  April  1,  1878.  J 

AIITICLE  XVII. 

FISH     COMMISSIONERS. 

§  642.    General   duties  of. 
§  643.    No  compensation. 

§  642.  It  is  the  duty  of  the  Fish  Commission- 
ers: 

1.  To  see  that  the  laws  for  the  preservation  of 
fish  and  game  are  strictly  enforced;  and  for  that 
purpose  they  may  from  time  to  time  employ  such 
assistants  as  they  shall  deem  necessary,  vrhich 
persons  so  appointed  as  assistants  shall  have  all 
powers  and  authority  of  Sheriffs  to  make  arrests 
for  violation  of  such  laws  throughout  the  State. 

2.  To  establish  fish  breederies  for  stocking  the 
waters  of  this  State  with  foreign  and  native 
fish. 

3.  To  purchase  and  Import  the  spawn  or  ova  of 
fish  suitable  for  food. 

±.  To  stock  with  such  spawn  the  waters  of  this 
State. 

5.  To  employ  persons  skilled  in  fish  breeding  to 
assist  them  in  their  duties. 

6.  To  furnish  plans  for  and  direct  and  compel 
the  construction  and  repair  of  fish  ladders  and 
ways  upon  dams  and  obstructions. 

7.  To  provide  for  the  distribution  and  protec- 
tion of  game  birds  imported  into  this  State  for 
purposes" of  propagation. 

8.  To  report  biennially  to  the  Governor  a  state- 
ment of  all  their  transactions  and  disbursements. 
[Amendment  approved  March  28,  1878;  Amend- 
ments 1877-8,  p.  21;  in  effect  in  sixty  days.] 

Amendment  of  1878— added  subdivisions  1  and 
7  to  section. 

Fishways — in  streams  frequented  by  migratory 
fish.  Act  to  provide  for  construction,  etc.,  post,  Ap- 
pendix, p.  1032. 

Special  Act — to  remove  obstructions  in  Pitt  Riv- 
er and  enable  salmon  to  reach  their  spawning 
grounds  thereabouts,  post.  Appendix,  p.  1082. 

Act  creating  otfice  of  fish  and  game  warden: 
See  post,  Apiiendix.  p.  10:31. 

Act  to  authorize  maintenance  of  salmon  hatch- 
ery: See  post.  Appendix,  p.  10.34. 


145  Executive  Officers,  §§  643-654 

Report— of  Fish  Commissiouers:  Sees.  332-33. 

Civil  executive  officers— the  three  Fish  Com- 
missioners are:  Sec.  343. 

Appointment  and  term  of  office:  Sees.  368,  369. 

Act  authorizing  disposition  of  hatchery:  See 
post.  Appendix,  p.  1034. 

Act  authorizing  commissioners  to  import  game 
birds:  See  post,  Appendix,  p.  1035. 

§  643.  The  commissioners  receive  no  compen- 
sation. 

ARTICLE   XVIII. 

BOARD     OF    EXAMINERS. 

Chairman. 

Meetings. 

Records. 

Rules   and   regulations. 

Witnesses. 

Depositions. 

Claims  for  which  appropriations  have  been   made. 

Approval    and    drawing. 

If  not  approved. 

Claims  provided  for,   but  for  which  there  is  no  ap- 
propriation.    • 
§  664.     Same,   as  to  unsettled  claims. 

§  665.     Time  of  meeting  for  action  on  claims  referred  to. 
§  666.     Proof  and  e.xamination  of  such  claims. 
§  667.     Report  on  such  claims. 
§  668.     Disqualifications. 

§  639.    Treasurer  to  act  in  place  of  disqualified  members. 
•§  670.     Restrictions  on  power  of  Board. 
§  671.     Appeals. 

§  672.     Controller  not  to  draw  warrant  for  claims  not  au- 
dited. 
§  673.    Certain  claims  exempted. 

§  674.    Board    may    prevent    payment    of    Controller's    war- 
rants. 
§  675.     Must  examine  books  of  Controller  and  Treasurer. 
S  676.     Must  count  money  in  Treasury. 
§  677.     Must  make  affidavit  thereof. 
§  678.     Controller  and  Treasurer  must  permit  examination, 

etc. 
§  679.    Printing   expert. 

§  680.     Conversion  of  School  Fund  into  bonds 
§  681.    Same. 
§  682.     Same. 

§  683.    Purchase  of  State  bonds. 
§  684.    Assistant  Secretary  to  Board. 
§  385.    Clerk   of    Board. 

§  654.    The  governor,   and   in   his  absence  the 
secretary  of  state,   is  chairman  of  the  board   of 
Pol.  Code--13. 


§  (j55, 656  Executive  Officers.  146 

examiners.  The  governor  shall  appoint  a  secre- 
tary, to  hold  office  during  his  pleasure,  whose  sal- 
ary as  secretary  and  ex-officio  member  of  the 
board  shall  be  three  thousand  dollars  per  an- 
num, payable  as  the  salaries  of  other  state  of- 
ficers, lie  is  an  executive  officer  attached  to  the 
governor's  office,  and  is  authorized  to  administer 
oaths,  and  shall  perform  such  duties,  other  than 
secretary,  as  may  be  assigned  to  him  by  the  gov- 
ernor, from  time  to  time.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  182;  in  effect  im- 
mediately.] 

This  section  was  also  amended  at  the  session  of 
1891  (Stats.  1891,  p.  71).  As  amended  at  that  ses- 
sion, it  read  as  follows: — 

The  governor,  and  in  his  absence  the  secretary 
of  state,  is  chairman  of  the  board  of  examiners. 
The  governor  shall  appoint  a  secretary,  to  hold  of- 
fice during  his  pleasure,  whose  salary  is  two  thou- 
sand four  hundred  dollars  per  annum,  payable  as 
the  salaries  of  other  state  officers.  He  is  an  execu- 
tive officer  attached  to  the  governor's  office,  and 
is  authorized  to  administer  oaths,  and  shall  per- 
form such  duties  other  than  secretary  as  maj'  be 
assigned  to  him  by  the  governor,  from  time  to 
time. 

Auditing  functions  of  board— state  printing  of- 
fice account:  Sec.  535:  account  of  state  geologist: 
Sec.  553;  of  insurance  commissioner:  Sec.  630;  of 
officers  of  land  department:  Sec.  3410;  of  board  of 
equalization:   Sec.  3702. 

Clerk  of  board  is  governor's  private  secretary: 
Sec.  343. 

Violating  dutv:  Pen.  Code,  sec.  441. 

See  Stats.  1872.  118:  1S70,  314.  for  duties  of 
board  not  here  specified. 

Board  of  examiners,  acts  relating  to:  See  post. 
Appendix,  pp.  957.  958. 

§  655.  The  semi-monthly  meetings  of  the 
board  must  be  held  at  the  State  canitol  on  the 
first  and  third  Monday.s  in  each  month. 

§  656.  The  board  must  keep  a  record  of  all 
their  proceedings,  and  any  member  may  cause  his 
dissent  to  the  action  of  the  majority  upon  any 
matter  to  b(»  entered  upon  such  record.     And  all 


147  Executive  Officers.,  §§  657-660 

claims  must  be  entered  on  the  minutes  of  the 
board  before  the  same  shall  be  acted  upon. 
[Amendment  approved  March  30,  1874;  Amend- 
ments 1873-4,  p.  67.     In  effect  March  30,  1874.] 

§  657.  The  board  may,  In  writing,  establish 
rules  and  regulations  not  inconsistent  with  law 
for  its  government. 

Stats.  1858,  218,  sec.  13. 

§  658.  The  chairman  may  issue  subpoenas  and 
compel  the  attendance  of  witnesses  before  the 
board  or  any  member  thereof  in  the  same  manner 
that  any  court  in  this  State  may;  and  whenever 
the  testimony  of  any  witness  against  a  demand 
pending  before  them  is  material,  the  chairman 
must  cause  the  attendance  of  the  witness  before 
the  board,  or  a  member  thereof,  to  testify  con- 
cerning the  demand,  and  the  board  may  make  a 
reasonable  allowance  therefor,  not  exceeding  the 
fees  of  witnesses  in  civil  cases,  which  must  be 
paid  out  of  the  appropriation  for  the  contingent 
expenses  of  the  board,  but  in  no  instance  can  an 
allowance  be  made  in  favor  of  a  witness  who  ap- 
peared in  behalf  of  the  claimant. 

Stats.  1858,  212. 

Witnesses:  See  Code  Civ.  Proc.  sees.  1878-1884. 
Production  of:  Id.,  sees.  1985-1997;  privileges  and 
liabilities:  Sees.  2064  et  seq. 

§  659.    Each   member  of  the   board    may   talve 
depositions,  to  be  used  before  it. 
Stats.  18.58,  213,  sec.  13. 
Depositions:  Code  Civ.  Proc,  sees.  2019  et  seq. 

§  660.  Any  person  having  a  claim  against  the 
State  for  which  an  appropriation  has  been  made, 
may  present  the  same  to  the  board  in  the  form  of 
an  account  or  petition,  and  the  clerli  of  the 
board  must  date,  number,  and  file  such  claim, 
and  the  board  must  allow  or  reject  the  same  in 
the  order  of  its  presentation.  The  board  may  for 
cause  postpone  action  upon  a  claim  for  not  ex- 
ceeding one  month. 

Stats.  1853,  255. 


§§  661-665  Executive  Officers.  148 

§  661.  If  the  board  appi'ove  such  claim  they 
must  indorse  thereon,  over  their  signatures,  "Ap- 
proved for  the  sum  of dollars,"  and  trans- 
mit the  same  to  the  office  of  tlie  controller  of 
State;  and  the  controller  must  draw  his  warrant 
for  the  amount  so  approved  in  favor  of  the  claim- 
ant or  his  assigns  in  the  order  in  which  the  same 
was  approved. 

§  662.  If  the  board  disapprove  such  claim 
they  must  cause  the  same  to  be  filed  with  the  rec- 
ords of  the  board,  with  a  statement  showing  such 
disapproval,  and  the  reasons  therefor. 

§  663.  If  no  appropriation  has  been  made  for 
the  payment  of  any  claim  presented  to  the 
board  the  settlement  of  which  is  provided  for  by 
law,  or  if  an  appropriation  made  has  been  ex- 
hausted, the  board  must  audit  the  same,  and  if 
they  approve  it,  must  transmit  it  to  the  legisla- 
ture with  a  statement  of  their  approval. 

§  664.  Any  person  having  a  claim  against  the 
State,  the  settlement  of  which  is  not  otherwise. 
provide<;l  for  by  law,  miist  present  the  same  to  the 
board  of  examiners  at  least  four  months  before 
tlie  meeting  of  the  legislature,  accompanied  by  a 
statement  showing  fhe  facts  constituting  the 
claim,  verified  in  the  same  manner  as  complaints 
in  civil  actions. 

Basis  of  section:  Stats.  1870,  p.  544. 

Act  to  provide  for  ascertaining  the  amount  of 
the  claim  of  Ham.  C.  Harrison  against  the  state: 
Stat.  ISSl,  4. 

§  665.  On  the  first  Monday  of  September  pre- 
ceding the  meeting  of  each  legislature  the  board 
must  hold  a  session  at  the  State  capitol  for  the 
purpose  of  examining  the  class  of  claims  referred 
to  in  the  preceding  section,  and  may  adjourn 
from  time  to  time  until  their  worlv  is  completed. 
Prior  thereto  they  must  cause  a  list  and  brief 
abstract  of  all  claims  filed  with  them  to  be  made 
and  published  in  some  newspaper  at  Sacramento 
City  for  such  time  as  they  may  prescribe.  The 
list  must  be  accompanied  by  a  general  notice  of 
the  order  in  which  and  of  the  time  when  the 
board  will  proceed  to  examine  the  claims. 


149  Executive   Officers  t  §§  666-672 

§  666.  The  board  must,  at  the  time  designated, 
proceed  to  examine  and  adjust  all  such  claims. 
They  may  hear  evidence  in  support  of  or  against 
them,  and  report  to  the  legislature  such  facts  and 
recommendations  concerning  them  as  they  may 
thinli  proper.  In  making  their  recommendations 
they  may  state  and  use  any  official  or  personal 
knowledge  which  any  member  of  the  board  may 
have  touching  such  claims. 

§  667.  The  board  must  make  up  their  report 
and  recommendations  at  least  thirty  days  before 
the  meeting  of  the  legislature.  A  brief  abstract 
of  their  report,  showing  the  claims  rejected,  and 
those,  or  the  amounts  thereof,  allowed,  must  be 
published  in  a  newspaper  published  at  Sacramen- 
to City  for  such  time  as  the  board  may  prescribe 
before  the  meeting  of  the  legislature. 

§  668.  No  member  of  the  board  must  act  upon 
any  claim  in  which  he  Is  interested,  or  for  expen- 
ditures incurred  in  his  office,  nor  must  he  be  pres- 
ent when  the  decision  thereon  is  made. 

§  669.  When  any  member  of  the  board  is  dis- 
qualilied  from  acting  upon  any  claim,  the  State 
treasurer  must  act  in  his  stead. 

State  treasurer:  Sees.  452-459. 

§  670.  The  board  must  not  entertain,  for  the 
second  time,  a  demand  against  the  state  once  re- 
jected by  it  or  by  the  legislature,  unless  such 
facts  are  presented  to  the  board  as  in  suits  be- 
tween individuals  would  furnish  sufficient  ground 
for  granting  a  new  trial. 

New  trial:  See  Code  Civ.  Proc,  sees.  656-662. 

§  671.  Any  person  interested,  who  is  ag- 
grieved by  the  disapproval  of  a  claim  by  the 
board,  may  appeal  from  the  decision  to  the  legis- 
lature of  the  State,  by  filing  with  the  board  a 
notice  thereof,  and  upon  the  receipt  of  such  notice 
the  board  must  transmit  the  demand  and  all  the 
papers  accompanying  the  same,  with  a  statement 
of  the  evidence  taken  before  it,  to  the  legislature. 

§  672.    The  controller  must  not  draw  his  war- 


§§  (>73-GT6  Executive  Officers.  150 

rant  for  any  claim  unless  it  lias  been  approved  by 
the  board,  and  when,  hereafter,  the  controller  is 
directed  to  draw  Ins  warrant  for  any  purpose, 
this  direction  must  be  construed  as  subject  to 
the  provisions  of  this  section,  unless  the  direction 
is  accompanied  by  a  special  provision  exempting 
it  from  its  operation. 

Controller's  authority,  to  draw  warrants:  See 
sec.  4.33.  subd.  17;  preventing  excess  of:  Sec.  674. 

Exempt  from  provisions  of  section— deficiency 
appropriation  for  assembly  contingent  fund. 
Stats.  1881,  p.  7;  also  appropriation  for  contin- 
gent expenses,  Stats.  1881,  p.  8. 

§  673.  Claims  upon  the  contingent  fund  of 
either  house  of  the  legislature,  and  for  oflicial 
salaries,  are  exempted  from  the  operations  of 
the  provisions  of  the  preceding  twelve  sections. 

§  674.  Whenever  the  board  has  reason  to  be- 
lieve that  the  controller  has  drawn  or  is  about  to 
draw  his  warrant  without  authority  of  law,  or 
for  a  larger  amount  than  the  State  actually  owes, 
the  board  must  notify  the  treasurer  of  state  not 
to  pay  the  warrant  so  drawn  or  to  be  drawn;  and 
thereupon  the  treasurer  is  pi-ohlbited  from  pay- 
ing the  warrant,  whether  already  drawn  or  not, 
until  he  is  otherwise  directed  by  the  legislature. 

Basis  of  section:  Stats.  1858,  p.  213. 

§  675.  As  often  as  it  may  deem  proper  the 
board  must  examine  the  books  of  the  controller 
and  treasurer,  the  accounts  and  vouchers  in  their 
offices,  and  count  the  money  in  the  treasury;  and 
for  that  purpose  they  may  demand,  and  the  con- 
troller and  treasurer  must  furnish  without  de- 
lay, all  information  touching  tlie  boolis,  papers, 
vouchers,  or  matters  pertaining  to  their  offices. 

General  basis  of  section:  Stats.  1867-8,  296,  sec. 
1;  1858,  212,  sec.  2,  modified. 

§  676.  The  counting  of  the  moneys  in  the  State 
treasury  must  talce  place  at  least  once  a  month, 
without  the  board  or  any  member  thereof  giving 
the  treasurer  any  previous  notice  of  the  day  or 


151  Executive  Officers.  §§  G77-GT9 

hour  of  counting.  Tlie  board  may,  at  any  count- 
ing, place  any  sum  in  bags  or  boxes,  and  weigh 
eacli  bag  or  box  separately,  and  mark  the  same 
with  the  weight  thereon  plainly  specified,  and 
place  thereon  a  seal,  to  be  kept  by  them,  and 
may  at  subsequent  countings  count  or  reweigh 
each  bag  or  box  separately,  and  estimate  the  con- 
tents of  such  bags  or  boxes  as  part  of  the  money 
counted  by  them,  without  making  a  detailed 
count  of  its  contents. 
Basis  of  section:  Stats.  1867-8,  296,  sec.  1. 

§  677.  They  must,  at  least  once  in  each  month, 
make  and  file  in  the  office  of  the  secretary  of 
state,  and  publish  In  some  newspaper  in  Sacra- 
mento City,  an  affidavit  showing: 

1.  The  amount  of  money  that  ought  to  be  in 
the  State  treasury. 

2.  The  amount  and  kind,  of  money  actually 
therein. 

Basis  of  section:  Stats.  1858,  p.  212,  sec.  3. 

§  678.  The  controller  and  treasurer  must  per- 
mit the  board  of  examiners  to  examine  the  books 
and  papers  in  their  respective  offices:  and  the 
treasurer  must  permit  the  moneys  in  the  treas- 
ury, without  delay  on  any  pretense  whatever,  to 
be  counted  whenever  the  board  may  wish  to 
make  an  examination  or  counting. 

Basis  of  section:  Stats.  1858,  p.  212,  sec.  4. 

§  679.  The  board  must  appoint  a  printing  ex- 
pert, who  must  examine  and  report  to  the  board 
all  accounts  for  printing  presented  by  the  State 
printer  or  any  other  person,  specifying  whether 
the  work  has  been  executed  in  a  workmanlike 
manner  or  not,  and  the  amount  for  which  the 
same  should  be  allowed.  The  report  is  not  con- 
clusive on  the  board,  but  is  in  aid  of  the  dis- 
charge of  their  duties.  The  expert  must  receive 
a  salary  of  fifty  dollars  a  month,  payable  on  the 
last  day  of  each  month. 

Basis  of  section:  Stats.  1858,  p.  212;  p.  214,  sec. 
13,  modified. 

State  printer,  now  superintendent  of  State 
printing:  Sec.  526,  et  seq. 


§§  680-683  Executive  Officers.  152 

§  680.  Whenever  and  as  often  as  there  is  in  the 
State  treasury  the  sum  of  ten  thousand  dollars  as 
the  proceeds  of  the  sale  of  State  school  lands,  the 
board  must  invest  the  same  in  the  civil  funded 
bonds  of  this  State,  or  in  the  bonds  of  the  United 
States,  or  in  the  bonds  of  the  several  counties  of 
this  State;  the  investments  to  be  made  in  such 
manner  and  on  such  terms  as  the  board  shall 
deem  for  the  best  interests  of  the  State  school 
fund;  provided,  that  no  bonds  of  any  county  shall 
be  purchased  of  which  the  debt,  debts,  or  liabil- 
ities at  the  time  exceed  fifteen  per  cent  of  the 
assessed  value  of  the  taxable  property  of  said 
coimty.  [Amendment  approved  March  3,  1883; 
Stats.  1883,  p.  25.     In  effect  March  3,  1883.] 

State  school  lands:  Sees.  3494-3502. 

State  bonds,  act  providing  for  issuance  of,  pre- 
served, sec.  19,  subd.  3. 

County  bonds,  funding,  and  refunding  indebt- 
edness by  means  of:  Sec.  4048;  issuance  of.  Sec. 
4048;  sale  and  exchange  of:  Sec.  4049;  record  and 
report  of:  Sec.  4049.  Bond  fund,  and  county  as- 
sessinents  therefor:  Sec.  4050;  redemption  of: 
Sec.  4051;  State  tax  for  payment  of:  Sec.  4052. 

§  681.  Section  six  hundred  and  eighty-one  of 
the  Political  Code  is  hereby  repealed.  [Repealed 
March  3,  1883:  Stats.  1883,  p.  25.  In  effect 
March  3,  1883.] 

§  682.  All  bonds  purchased  by  the  board  un- 
der the  provisions  of  section  six  hundred  and 
eighty  must  be  delivered  to  the  State  treasurer, 
who  shall  lieep  them  as  a  special  school  fund  de- 
posit, the  interest  upon  such  bonds  to  be  placed 
by  him  to  the  ci'edit  of  the  State  school  fund. 
[Amendment  appi-oved  March  3,  1883;  Stats.  1883, 
p.  25.    In  effect  March  3,  1883.] 

School  funds  and  taxes,  general  provisions  re- 
lating to:  Sees.  1857-1861. 

State  treasurer,  duties,  compensation,  assist- 
ants, and  bond  of:  Sees.  452-549. 

§  683.  At  any  sale  of  civil  bonds  by  the  State 
treasiu-er  the  board  may  become  bidders,  and  pur- 
chase bonds  with  the  funds  at  their  disposal;  and 


153  Executive  Officers.  §§  684-(;8o 

the  appropriate  transfer  of  funds  must  be  made 
by  the  controller  and  treasurer  on  the  books  of 
their  offices. 

Stats.  1858,  523,  sec.  56.  See  also  Stat.  18S1,  48. 
authorizing-  transfer  of  one  hundred  and  three 
thousand  dollars  to  funded  debt  fund. 

§  684.  The  governor  may  appoint  an  assist- 
ant to  the  secretary  of  the  state  board  of  examin- 
ers, at  an  annual  salary  of  eighteen  hundred  dol- 
lars, payable  in  the  same  manner  as  the  salaries 
of  other  State  officers.  Said  assistant  is  a  civil 
executive,  officer.  [jNew  section  added  March  21. 
1891;  Stats.  1891,  p.  194;  in  effect  immediately.] 
Section  2  of  section  684  reads  as  follows: 
There  is  hereby  appropriated  the  sum  of  six 
hundred  and  seventy-five  dollars  out  of  any  mon- 
ey in  the  State  treasury  not  otherwise  appropriat- 
ed, for  the  payment  of  the  salary  of  the  assist- 
ant to  the  secretary  of  the  State  board  of  examin- 
ers for  the  forty-second  fiscal  year. 

The  original  section  was  repealed:  See  ante,  § 
499. 

§  685.  The  board  may  appoint  a  clerk  for  the 
secretary  of  the  board,  at  an  annual  salary  of  six- 
teen hundred  dollars,  payable  in  the  same  man- 
ner as  the  salaries  of  other  State  officers.  [New 
section  added  Marda  23,  1893;  Stats.  1893,  p.  182; 
in  effect  immediately.] 

Sections  4  and  4.^2  of  the  above  act  read  as  fol- 
lows:— 

Sec.  4.  There  is  hereby  appropriated  the  sum 
of  five  hundred  dollars  out  of  any  money  in  the 
State  treasury  not  otherwise  appropriated,  for 
the  payment  of  the  salary  of  the  clerk  for  the 
secretar.v  of  the  board  for  tlie  forty-fourth  fiscal 
year. 

Sec.  4'/l>-  The  controller  is  hereby  authorized  to 
draw  his  warrant  for  the  amount  herein  made 
payable,  and  the  treasurer  directed  to  pay  the 
same. 


§§  695-697  Executive  Officers.  154 


ARTICLE  XIX. 

POWERS      AXD      DUTIES      OF      OTHER      EXECUTIVE 

OFFICERS. 

§  695.  Vaccine    Agent. 

§  696.  Commissioner  of  Immigration. 

§  697.  State  Capitol   Commissioners. 

§  69S.  Tide  Land   Commissioners.     (Repealed.) 

§  699.  Port    Wardens. 

§  700.  Harbor   Commissioners. 

§  701.  Pilots. 

§  702.  San   Francisco  Marine   Board.      (Repealed.) 

§  703.  Pilot   Commissioners. 

§  704.  Boards  of  Health. 

§  70.5.  Board   of  Agriculture. 

§  706.  Board   of   Equalization. 

§  707.  Regents   of   University. 

§  708.  State  Board  of  Education. 

§  709.  Trustees  of  Normal  School. 

§  710.  Officers    of    Libraries. 

§  711.  Directors  of   State  Prison. 

§  712.  Officers  of  Insane  Asylum. 

§  713.  Trustees  of  Asylum  for  Deaf,  Dumb  and  Blind. 

§  714.  Trustees  of  State  Burying  Grounds. 

§  715.  Yosemite  and  Big  Tree  Commissioners. 

§  695.  The  powers  and  duties  of  the  vaccine 
agent  are  prescribed  in  Title  YII,  of  Part  III,  of 
this  Code. 

Vaccine  agent:  Sees.  2993,  2994. 

§  696.  Those  of  the  commissioner  of  immigra- 
tion are  prescribed  in  Title  YII,  Part  III,  of  this 
Code. 

Commissioner  of  immigration:  Sees.  2949-2968. 

§  697.  Those  of  the  State  capitol  commission- 
ers are  prescribed  by  "An  act  to  provide  for  the 
construction  of  the  State  capitol  in  the  city  of  Sac- 
ramento." approved  March  twenty-ninth,  eight- 
een hundred  and  sixty,  and  the  acts  amendatory 
thereof,  which  are  hereby  continued  in  force. 

Stats.  1870,  447.  Many  provisions  of  that  act 
being  functus;  for  that  reason  it  is  not  set  out. 

State  capitol  commissioners  are  executive  offi- 
cers: Sec.  343.  ante.  Board,  how  composed:  Sec. 
366,  ante. 


155  Executive  Officers.  §§  69S^<06 

Duty  TO  report:  Sees.  332  et  seq. 

Statutes — relating  to  State  capitol,  preserved: 
See  Stats.  1860,  p.  128;  amended  Stats.  1861,  p. 
600;  and  Stats.  1870,  p.  447.  Since  Codes,  see  Stats. 
1872,  pp.  655,  694,  887;  1874,  pp.  309,  662,  903; 
Stats.  1874,  p.  937,  amended  by  Stats.  1880,  p.  346 
or  107;  Stats.  1880,  p.  273  or  80;  1881,  p.  37, 

Secretary  of  State  is  Superintendent  of  State 
Capitol,  sec.  412. 

§  G98.  Repealed.  [Repealed  February  4,  1876; 
Amendments  3875-6,  p.  15.  In  effect  February  4, 
1876.    See  sec.  365.] 

§  699.    Those   of   port  wardens   are   prescribed 
in  Title  VI,  of  Part  III,  of  tliis  Code. 
Port  Wardens:  See  sees.  2501-2511. 

§  700.    Those  of  harbor  commissioners  are  pre- 
scribed in  Title  VI,  of  Part  III,  of  this  Code. 
Harbor  commissioners:  See  sees.  2520-2572. 

§  701.    Those  of  pilots  are  prescribed  in  Title 
VI,  of  Part  III,  of  this  Code. 
IMlots:  See  sees.  2429-2491. 

§  702.  Repealed.  [Repealed  January  13,  1876; 
Amendments  1875-6,  p.  14;  in  effect  January  13, 
1876.     See  sec.  363.] 

§  703.    Those  of  pilot  commissioners  are     pre- 
scribed in  Title  VI,  of  Part  III,  of  this  Code. 
Pilot  commissioners:   See  sees.  2429-2591. 

§  704.    Those    of    the  boards     of     health     are 
prescribed  in  Title  VII,  of  Part  III,  of  this  Code. 
Boards  of  health:  See  sees.  2978-3083. 

§  705.  Those  of  the  board  of  agriculture  are 
prescribed  in  the  special  statute  creating  the 
board. 

Board  of  agriculture:  See  sec.  2326. 

§  706.    Those  of  the  board  of  equalization  are 
prescribed  in  Title  IX,  of  Part  III,  of  this  Code. 
Board  of  equalization:  See  sees.  3672-3705. 


§§  707-714  Executive  Officers.  156 

§  707.  Those  of  the  regents  of  the  University 
of  California,  in  Chapter  I,  of  Title  III,  of  Part 
III. 

Regents  of  university:  See  sees.  1425-1451. 

§  708.  Those  of  the  state  board  of  education 
are  prescribed  in  Chapter  III,  of  Title  III,  of  Part 
III.  of  this  Code. 

State  board  of  education:  See  sees.  1517-1522. 

§  709.  Those  of  the  trustees  of  the  state  nor- 
mal school  are  prescribed  in  Chapter  II,  of  Title 
III,  of  Part  III,  of  this  Code. 

State  normal  school:  Sees.  1487-1507.  See  post, 
Appendix,  pp.  1047  et  seq. 

§  710.  Those  of  the  trustees  of  the  State  li- 
l>rary.  State  librarian,  and  librarian  of  the  su- 
preme court  library,  are  prescribed  in  Chapter 
III,  of  Title  Y,  of  Part  III,  of  this  Code. 

Librarv  trustees  and  librarians:  See  sees.  2292- 
2316. 

§  711.  These  of  the  directors  of  the  State  pris- 
on are  prescribed  in  Part  III  of  the  Penal  Code. 

State  prison  directors:  Penal  Code.  sees.  1573- 
1595;  but  see  act  in  Stats.  1880,  p.  243  or  67.  pur- 
suant to  Const.  Cal.,  art.  10,  and  amd.  bv  Stats. 
1881,  p.  81. 

§  712.  Those  of  the  directors  and  other  officers 
of  the  insane  asylum  are  prescribed  in  Chapter  I. 
of  Title  V,  of  Part  III,  of  this  Code. 

Officers  of  insane  asylum:  See  sees.  2136-2200. 

Acts  relating  to  State  prison,  see  Penal  Code.  p. 
6.j4. 

§  713.  Those  of  the  trustees  of  the  asylum  for 
the  deaf.  dumb,  and  blind,  are  prescribed  in 
Chapter  II,  of  Title  Y,  of  Part  III.  of  this  Code. 

Trustees  of  asylum  for  deaf,  dumb,  and  blind: 
See  sees.  2237-2282. 

§  714.  Those  of  the  trustees  of  the  State  burv- 
ing  grounds  are  prescribed  in  Title  YIII,  of  Part 
III,  of  this  Code. 

Trustees  of  state  burving  grounds:  See  sec 
3597. 


157  Judicial  Officers.  §§  715-737 

§  715.  Those  of  the  commissioners  of  the  Yo- 
semite  Valley  and  the  Mariposa  hig  tree  grove 
are  prescribed  in  Title  VIII,  of  Part  III,  of  this 
Code. 

Yosemite  and  big  tree  commissioners:  See  sees. 
3584-3586. 

CHAPTER  IV. 

JUDICIAL,    OFFICERS. 
§  726.    Number,  designation  and  mode  of  election. 

§  726.  The  number,  designation,  and  mode  of 
election  of  judicial  officers  are  fixed  in  Title  I, 
Part  I,  of  the  Code  of  Civil  Procedure. 

See  Code  Civ.  Proc,  sec.  33. 

Judicial  officers,  election  etc.:  See  Code  Civ. 
Proc,  sees.  40-42,  65-70,  110,  -156-159. 

Judicial  department,  Const.  Cal.,  art  6.  Func- 
tions independent,  see  Const.  Cal.,  art.  3. 

Jurisdiction  of  courts:  See  Code  Civ.  Proc, 
sees.  33  et  seq. 

CHAPTER  V. 

SALARIES  OF  JUSTICES  OF  THE  SUPREME  COURT 
AND  SUPERIOR  JUDGES,  AND  OFFICERS  CON- 
NECTED  WITH   THE   SUPREME    COURT. 

§  736.    Salary  of  Justices  of  Supreme  Court. 
§  737.    Salary  of  Superior  Judges. 
S  738.     Same. 

§  739.     Salaries    of   officers    connected     with     the      Supreme 
Court. 

§  736.  The  annual  salary  of  each  justice  of 
the  supreme  court  is  six  thousand  dollars. 

§  737.  The  annual  salaries  of  the  judges  of 
the  superior  courts  of  the  city  and  county  of  San 
Francisco,  and  of  the  counties  of  Alameda,  San 
Joaquin,  Los  Angeles,  Santa  Clara,  Santa  Cruz, 
San  Mateo,  Yuba,  and  Sutter  combined,  Sacra- 
mento, Butte,  Nevada,  Sonoma.  Colusa,  Mon- 
terey. Santa  Barbara,  San  Diego,  Marin,  Mendo- 
cmo,  Tehama,  San  Bernardino,  Kern,  Placer,  Hum- 
Pol.  Code— 14 


§§  738,  739         Salaries  of  Judges,   etc.  158 

boldt,  Tulare,  Fresno,  Solano,  Yolo,  and  Contra 
Costa,  are  four  thousand  dollars  each;  and  of  the 
judges  of  the  superior  courts  of  Amador,  Calave- 
ras, Stanislaus,  and  El  Dorado,  three  thousand 
five  hundred  dollars  per  annum;  the  judges  of 
the  superior  court  of  the  county  of  Alpine,  two 
thousand  dollars  per  annum;  one  half  of  which 
shall  be  paid  by  the  State,  and  the  other  half 
thereof  by  the  county  of  Avhich  the  judge  is  elect- 
ed or  appointed,  except  that  in  the  counties  of 
Yuba  and  Sutter  one  fourth  of  the  salary  of  the 
superior  judge  shall  be  paid  by  each  county. 

Sec.  2.  The  provisions  of  this  act  shall  not  af- 
fect the  salary  of  present  incumbents.  [Amend- 
ment approved  March  31,  1891;  Stats.  1891,  p. 
267.] 

Salary  of  the  additional  superior  judges  of  Al- 
ameda county  same  as  other  judges  of  superior 
court  of  that  county:  See  Stats.  1881,  20. 

Salary  of  .Judges. — In  the  constitution  of  Cal- 
if ornia,  article  6,  section  24,  is  the  following  unique 
proviso  Avith  respect  to  the  payment  of  the  salary 
of  t)ie  judges  of  that  State:  "No  judge  of  a  super- 
ior court  shall,  after  the  first  of  July.  1880,  be  al- 
lowed to  draAv  or  receive  any  monthly  salary  un- 
less he  shall  talie  and  subscribe  an  affidavit  be- 
fore an  officer  entitled  to  administer  oaths  that 
no  cause  in  his  court  remains  undecided  that  has 
been  submitted  for  decision  for  the  period  of  nine- 
ty days." 

Appropriation  for  deficiency  of  payment  of 
state  portion  of  salaries  of  Superior  Court  judges: 
Stats.  1881,  21. 

§  738.  The  annual  salaries  of  the  judges  of  the 
other  superior  courts  are  three  thousand  dollars 
each,  one-half  tliereof  payable  by  the  State,  and 
the  other  half  thereof  payable  by  the  county  for 
Avhich  tlie  judge  is  elected.  [Amendment'  ap- 
proved April  23,  ]880:  Amendments  1880.  p.  88. 
In  effect  July  1,  1S80.] 

§  739.  The  annual  salaries  of  the  officers  con- 
nected with  the  supreme  court  are  as  follows: 

The  reporter  of  the  decisions,  twenty-five  hun- 
dred dollars. 

One  phonographic  reporter,  three  thousand  dol- 


159  Clerk  of  Supreme  Court.  §  749 

lars,  and  one  phonographic  reporter  twenty-four 
hundred  dollars. 

One  secretary  of  the  court,  twenty-four  hundred 
dollars,  and  one  secretary  of  the  court,  twelve 
hundred  dollars. 

Each  bailiff,  fifteen  hundred  dollars. 

The  librarian,  fifteen  hundred  dollars.  Amend- 
ment approved  March  27,  1897;  Amendments, 
1897,  ch.  cl.    In  effect  immediately.] 

Phonographic  reporter:  Sees.  769,  770. 

Secretary  and  bailiff,  appointment:  See  Code 
Civ.  Proc,  sees.  265,  266. 


CHAPTER  VI. 

MINISTERIAL    AND     OTHER    OFFICERS     CONNECTED 
WITH     THE     COURTS. 

Article  I.  Clerk  of  the  Supreme  Court. 

II.  Reporters  of  the  Supreme  Court. 

III.  Notaries  Public. 

IV.  Commissioners  of  Deeds. 
V.  Other  OfBcers. 


ARTICLE  I. 

CLERK  OF  THE   SUPREME   COURT. 

§  749.  Election  and  term  of  office. 

§  750.  General  duties. 

§  751.  May  appoint  Deputies. 

§  752.  Fees. 

§  753.  Disposition  of  fees. 

§  754.  Settlements,  when  and  how  made. 

S  755.  Salary   of   Clerk. 

§  756.  Salary    of    Deputies. 

§  757.  Official  bond. 

§  749.  The  clerk  of  the  supreme  court  is  elect- 
ed at  the  same  time  the  governor  is  elected,  and 
holds  his  office  for  the  term  of  four  years  from 
and  after  the  first  Monday  in  December  next  suc- 
ceeding his  election. 

Original  foundation  of  article:  Stats.  1850,  p.  74; 
1868,  p.  215;  1870,  p.  157. 


§§  750-752        Clerk  of  Supreme  Court.  160 

Clerk  of  supreme  court — liCgislature  to  provide 
for  election,  etc.,  see  Const.  Cal.,  art.  6,  sec.  14. 
Vacancy  in  office  of,  how  filled,  sec.  1001. 

§  750.  The  clerk  of  the  supreme  court  must 
perform  such  duties  as  are  prescribed  in  the  Pen- 
al Code  and  Code  of  Civil  Procedure,  and  such 
duties  as  may  be  required  of  him  by  the  rules  and 
practice  of  the  court. 

Duties— to  be  fixed  by  Legislatiu-e,  Const.  Cal., 
art.  6,  sec.  14.  General  analvtical  index  of  cases, 
to  make,  see  Stats.  1878,  p.  1002. 

§  751.  He  may  appoint  six  deputies,  three  to 
reside  at  San  Francisco,  two  at  IjOS  Angeles,  one 
at  the  State  capital.  [Amendment  approved 
April  6.  1891;  Stats.  1891,  p.  508;  in  effect  imme- 
diately.] 

Section  2  of  the  above  act  reads  as  follows:— 
Sec.  2.  The  sum  of  four  thousand  and  fifty  dol- 
lars is  hereby  appropriated  out  of  any  moneys  in 
the  State  treasury  not  otherwise  appropriated,  to 
pay  the  salary  of  the  additional  deputy  at  Los 
Angeles  for  the  forty-second,  and  forty-third,  and 
forty-fourth  fiscal  years. 
Salaries  of  deputies:  Sec.  756. 

§  752.  He  must  collect  in  advance  the  follow- 
ing fees:  For  filing  the  transcript  on  appeal,  in 
each  civil  case  appealed  to  the  supreme  court,  ten 
dollars,  in  full  of  all  services  rendered  in  each 
case  up  to  the  rendering  of  the  judgment  or  the 
issuing  of  the  remittitur,  when  no  petition  for  a 
rehearing  has  been  filed;  for  filing  a  petition  for 
a  rehearing,  and  for  all  services  to  the  issuing  of 
remittitur  to  the  court  below,  two  dollars  and 
fifty  cents;  for  filing  motion  to  dismiss  appeal  on 
clerk's  certificate,  two  dollars  and  fifty  cents; 
for  filing  petitions  for  writs  of  mandate,  review, 
prohibition,  and  otiier  original  proceeding,  seven 
dollars  and  fifty  cents,  in  full  for  all  services  ren- 
dered in  each  case;  for  filing  order  extending  time 
to  file  transcript,  fifty  cents;  for  certificate  of  ad- 
mission as  attorney  and  counselor,  ten  dollars; 
for  filing  each  paper  in  writs  of  error  to  the  su- 
preme court  of  the  United  States,  twenty-five 
oeuts;  for  making  record  m  writs  of  eri'or  to  the  su- 


161  Clerk  of  Supreme  Court.       §§  753-756 

preme  court  of  the  United  States,  and  for  copies 
of  any  record  or  document  in  his  office,  per  folio, 
ten  cents;  but  this  fee  shall  not  be  taxed  against 
parties  to  suit  for  any  paper  or  copy  of  paper  up 
to  and  including  remittitur;  for  comparing  any 
document  requiring  a  certificate,  per  folio,  five 
cents;  for  each  certificate  under  seal,  one  dollar. 
[Amendment  approved  March  8,  1895;  Stats.  1895, 
p.  29.    In  effect  March  8,  1895.] 

§  753.  All  fees  collected  by  him  must  be  paid 
into  the  State  treasury,  eighty  per  cent  thereof  to 
the  credit  of  the  general  fund,  and  twenty  per 
cent  thereof  to  the  credit  of  the  supreme  court  li- 
brary fund.  [Amendment  approved  March  26, 
1878';  Amendments  1877-8,  p.  23;  in  effect  in  sixty 
days.] 

§  754.  He  is  responsible  and  must  account  for, 
and  in  his  settlement  with  the  controller  must  be 
charged  with,  the  full  amoimt  of  all  fees  collect- 
ed or  chargeable,  and  accruing  in  causes  brought 
into  the  court,  for  services  rendered  therein  up 
to  the  time  of  each  settlement,  and  must,  at  the 
end  of  every  month,  pay  the  same  into  the  State 
treasury.  He  must  also,  at  the  end  of  every 
month,  render  to  the  controller  of  State,  in  such 
form  as  that  officer  prescribes,  an  account  in  de- 
tail, under  his  own  oath,  of  all  fees  chargeable 
and  accruing  in  caiises  brought  into  court  and 
not  included  in  his  previous  accounts  rendered. 
His  salary  must  not  be  allowed  or  paid  until  all 
fees  so  accruing,  and  for  which  he  is  chargeable, 
have  been  accounted  for  and  paid  over.  [Amend 
ment  approved  March  26,  1878;  Amendments 
1877-8,  p.  23;  in  effect  in  sixty  days.] 

§  755.  The  annual  salary  of  the  clerli  of  the 
supreme  court  is  three  thousand  dollars. 
[Amendment  approved  April  23,  1880;  Amend- 
ments 1880,  p.  88;  in  effect  July  1,  1880.] 

Salary  of  clerk— withheld  until  fees  settled  for: 
Sec.  754. 

§  756.     The  annual  salary  of  each  of  the  deputy 


§§  757-769  Reporters  of  Supreme  Court.  162 

clerks  is  eighteen  hundred  dollars.  [Amendment 
approved  March  26,  1878;  Amendments  1877-8,  p. 
24.  J 

§  757.  The  clerk  of  the  supreme  court  must 
execute  an  official  bond  in  the  sum  of  ten  thou- 
sand dollars. 

Official  bond:  See  sees.  947-986. 


ARTICLE    II. 

REPORTERS  OF  THE  SUPREME  COURT. 

§  767.  Reporter  of  Decisions,   appointment  and   term. 

§  768.  Affidavit  to  be  made   by  appointee.      (Repealed.) 

§  769.  Phonographic    Reporter,    appointment   and    term. 

§  770.  Duties  of  Phonograpliic  Reporter. 

§  771.  General  Duties  of  Reporter  of  Decisions. 

§  772.  Same. 

§  773.  Reports,   what  to  include. 

§  774.  Justices  must  supervise  puhlication. 

§  775.  Proof   sheets. 

§  776.  Original  papers. 

§  777.  Style  of  reports. 

§  778.  Publication    by    contract. 

§  779.  Advertisement  and  award. 

§  780.  Contract,  what  to  require. 

§  781.  Purchase  of  volumes  for  use  of  State. 

§  782.  Publication  by   State  Printer. 

§  767.  Superseded  by  section  21,  article  vi,  of 
the  Constitution. 

Appointment  by  reporter— Deputy  may  be  ap- 
pointed by  reporter:  Stats.  1881,  p.  9. 

Salary  of  reporter:  Sec.  739,  ante. 

Publication  of  opinions  of  supreme  court,  fund- 
amental provision  for.  Const.  Cal.,  art.  6,  sec.  16. 

Decisions  of  supreme  court — requisites  and 
scope,  see  Code  Civ.  Proc,  sees.  49,  53;  to  be  in 
writing,  Const.  Cal.,  art.  6,  sec.  2. 

§  768.  Repealed.  [Repealed  March  21,  1878; 
Stats.  1877-8,  p.  389.     In  effect  March  21,  1878.] 

§  769.  The  supreme  court  may  also,  in  like 
manner,  appoint  two  phonographic  reporters  for 
the  court,  to  hold  office  at  its  pleasure.     [Amend- 


163  Reporters  of  Supreme  Court.  §§  770-776 

ment  approved  March     27,     1897;     Amendments 
1897,  chap.  el.    In  effect  immediately.] 

§  770.  It  is  the  duty  of  the  phonographic  re- 
porter to  attend  upon  the  court  during  its  ses- 
sions, and  to: 

1.  Note  the  points  made  by  counsel  in  oral  ar- 
guments; 

2.  To  take  down  all  opinions  of  the  court  de- 
livered orally; 

3.  Write  out  his  notes  in  longhand,  upon  the 
order  of  the  court,  and  deliver  such  writing  to  the 
reporter  of  the  decisions  of  the  court; 

4.  Perform  such  other  duties  as  may  be  im- 
posed upon  him  by  the  court  or  a  justice  thereof. 

Subdivision  3.  Deliver  to  reporter  of  decisions: 
See  sec.  772. 

§  771.  The  reporter  of  the  decisions  of  the  su- 
preme court  must  prepare  a  report  of  such  cases 
decided  as  he  may  by  the  court  be  directed  to  re- 
port. 

As  by  the  court  directed:  See  sec.  773. 

§  772.  He  must,  from  the  notes  delivered  to 
him  by  the  phonographic  reporter,  prepare  a  re- 
port of  each  of  the  cases  included  therein,  and 
after  preparing  such  report,  must  submit  it  to  the 
court  for  correction  and  approval. 

§  773.  Each  report  must  be  made  in  manner 
and  form  as  the  court  may  direct. 

§  774.  The  reports  must  be  published  under 
the  supervision  of  the  court,  and  to  that  end  each 
of  the  justices  must  be  furnished  by  the  reporter 
with  proof  sheets  of  each  volume  thirty  days  be- 
fore its  final  publication. 

§  775.  Within  thirty  days  after  such  proof 
sheets  are  furnished,  the  justices  may  return 
them  to  the  reporter,  with  corrections  or  altera- 
tions, and  he  must  make  the  corrections  or  alter- 
ations accordingly. 

§  776.  The  reporter  may  take  the  original 
opinions  and  papers  in  each  case  from  the  clerk's 


§§  777-780  Reporters  of  Supreme  Court.  164 

office,  and  retain  them  in  his  possession  not  ex- 
ceeding sixty  days. 

§  777.  The  reports  must  be  published  in  well- 
bound  volumes,  and  must  be  printe^l  on  good  book 
paper,  in  small  pica  leaded,  and  brevier,  equal  in 
quality  of  pai^er  and  binding  to  volumes  thirty- 
three  to  thirty-nine,  inclusive,  of  California  Re- 
ports. [Amendment  approved  March  24,  1874; 
Amendments  1873-4,  p.  68;  repealed  conflicting 
acts.    In  effect  March  24,  1874.] 

§  778.  The  reporter  shall  have  no  pecuniary 
interest  in  the  volumes  of  reports,  but  they  must 
be  published  under  the  supervision  of  the  court 
and  reporter,  by  contract,  to  be  entered  into  by 
the  reporter,  secretary  of  state,  and  attorney  gen- 
eral, with  the  person  or  persons  who  shall  agree 
to  publish  and  sell  the  said  reports,  for  a  period 
of  ten  years,  on  the  terms  most  advantageous  to 
the  State  and  the  public,  and  at  a  rate  not  to  ex- 
ceed four  dollars  per  volume  of  seven  hundred 
pages.  [Amendment  approved  March  24,  1874; 
Amendments  1873-4.  p.  68;  repealed  conflicting 
acts.    In  eflCect  March  24,  1874.] 

§  779.  Before  entering  into  said  contract,  it 
shall  be  the  duty  of  the  secretary  of  state  to  ad- 
vertise for  proposals  for  the  publication  of  said 
reports  for  thirty  days,  in  one  daily  paper  in  Sac- 
ramento, and  one  daily  paper  in  San  Francisco. 
It  shall  be  the  duty  of  said  reporter,  secretary  of 
state,  and  attorney  general,  to  consider  all  pro- 
posals for  the  publication  of  said  reports  which 
may  be  made  to  them,  and  to  award  the  contract 
to  the  person  or  persons  who  may  agree  to  pub- 
lish and  sell  the  same  on  the  terms  most  advan- 
tageous to  the  state  and  public.  [New  (substitut- 
ed) section  approved  March  24.  1874:  Amend- 
ments 1873-4.  p.  69:  repealed  conflicting  acts.  In 
effect  March  24,  1874.] 

Sections  779  and  780,  as  originally  enacted, 
were  i-epealed  by  act  of  March  24,  1874,  and  these 
new  sections  substituted  in  their  place. 

§  780.  The  contract  must  require  the  publish- 
er to  print  and  publish  each  volume  in  the  style 


1G5  Reporters  of  Supreme  Court,  §§  781,  782 

required  by  section  seven  hundred  and  seventy- 
seven,  within  sixty  days  from  the  time  at  whicli 
the  manuscript  is  delivered  by  the  reporter,  to 
sell  three  hundred  copies  to  the  State  at  the 
price  fixed  in  the  contract,  and  to  keep  on  hand 
and  for  sale,  at  the  price  stipulated  in  the  con- 
tract, a  sufficient  number  of  copies  of  each  vol- 
ume to  supply  all  demands  for  six  years  from  the 
publication  thereof,  and  to  give  bonds  for  the  ful- 
llllment  of  the  terms  of  the  contract,  in  the  sum 
of  ten  thousand  dollars.  [New  (substituted)  sec- 
tion approved  March  24,  1874;  Amendments  1873- 
4,  p.  69;  repealed  conflicting  acts.  In  effect 
March  24,  1874.] 

§  781.  On  the  publication  of  each  volume  of 
I'eports,  the  secretary  of  state  mu:st  purchase,  for 
the  use  of  the  State,  three  hundred  copies  of  said 
volume,  at  the  price  named  in  the  contract,  not 
exceeding-  four  dollars  per  volume,  and  after  hav- 
ing distributed  the  same,  as  required  by  section 
four  hundred  and  ten,  shall  deposit  the  surplus 
copies,  if  any  there  be,  in  the  State  library. 
[Amendment  approved  March  24,  1874;  Amend- 
ments 1873-4,  p.  70;  repealed  conflicting  acts.  In 
effect  March  24,  1874.] 

§  782.  If,  after  advertising  as  required  by 
section  seven  hundred  and  seventy-nine,  no  pro- 
posals are  received  by  the  secretary  of  state, 
agreeing  to  print,  publish,  and  sell  said  volumes 
at  a  price  not  exceeding  four  dollars  per  volume, 
then  the  State  printer  must  print  and  bind  twelve 
hundi'ed  copies  of  each  volume,  and  deliver  to  the 
secretary  of  state  all  the  copies  printed  by  him; 
arul  the  secretary  of  state  must  keep  the  copies 
of  the  edition  not  distributed  under  the  provis- 
ions of  section  four  hundred  and  ten  on  sale  at 
four  dollars  per  volume,  at  retail,  and  at  such 
wholesale  price  as  may  be  fixed  by  the  governor, 
controller,  and  secretary  of  state,  and  must,  at 
the  end  of  each  mouth,  jiay  into  the  State  treas- 
ury the  proceeds  of  all  sales  made  by  him.  This 
act  shall  not  apply  to  any  volume  of  reports,  the 
printing  of  which  may  have  been  commenced  by 


§§  701.  792  Notaries  Public.  166 

the  State  printer  at  tlie  time  the  contract  herein 
provided  for  is  made.  [New  section  approved 
March  24,  1874;  Amendments  1873-4,  p.  70:  re- 
pealed conflicting  acts.    In  effect  March  24,  1874.] 


ARTICLE  III. 

NOTARIES     PUBLIC. 

§  V!)!.  Number    of    Notaries. 

§  792.  Restrictions  as  to  residence. 

§  793.  Terms    of   office. 

§  794.  General    duties    of. 

§  795.  Protests,  evidence  of  facts  stated. 

§  796.  Records  of,   on  death   or  resignation. 

§  797.  Certified  copies  of  records  of  a  predecessor. 

§  79S.  Fees. 

§  799.  Official    bond. 

§  800.  Certificate  of  flUne  bond  and  oath. 

§  801.  Liabilities  on  official  bond. 

§  791.  The  governor  may  appoint  and  com- 
mission such  number  of  notaries  public  for  the 
several  counties  of  this  State  as  he  shall  deem  ne- 
cessary for  the  public  convenience;  except  that  in 
cities  and  counties  and  counties  of  the  first  class 
the  number  shall  not  exceed  sixty.  [Amendment 
approved  March  23,  1893;  Stats.  1893,  p.  289;  in 
effect  immediately.! 

Additional  notary  public— for  San  Francisco,  at 
Presidio;  See  post.  Appendix,  p.  10.50. 

General  foundations  of  sections,  not  amended  in 
this  article:  Stats.  1862,  p.  443. 

See  Stats.  1862,  445;  1863-4,  486;  1866-7,  2.34,  86.5; 
1867-8,  461;  1869-70,  28,  55,  68,  402,  481,  697,  779, 
802;  1870,  157,  for  the  basis  of  the  article  gener- 
ally before  amendment. 

§  792.  Every  person  appointed  as  notary  pub- 
lic must,  at  the  time  of  appointment,  be  a  citizen 
of  the  United  States  and  of  this  State,  and  twen- 
ty-one  years  of  age;  must  have  resided  in  the 
county  for  which  the  appointment  is  made  for 
six  months.  Women  having  these  qualifications 
may  be  appointed.  [Amendment  approved  :March 
10. '1891;  Stats.  1891,  p.  29.] 


167  Notaries  Public.  §§  793, 794 

Elector:  Sec.  1083,  post. 
Residence:  Sec.  52,  ante. 

§  793.  Tlie  term  of  otiice  of  a  notary  public  is 
two  years  from  and  after  the  date  of  his  com- 
mission. 

Vacancies— and  the  modes  of  supplying  them: 
Sees.  996-1004. 

Powers  of  successor:  Sees.  796,  797. 

§  794.    It  is  the  duty  of  notaries  public: 

1.  When  reqiiested,  to  demand  acceptance  and 
payment  of  foreign,  domestic,  and  inland  bills  of 
exchange,  or  promissory  notes,  and  protest  the 
same  for  non-acceptance  and  non-payment,  and 
to  exercise  such  other  powers  and  duties  as  by  the 
law  of  nations  and  according  to  commercial  us- 
ages, or  by  the  laws  of  any  other  State,  govern- 
ment, or  country,  maj^  be  performed  by  notaries; 

2.  To  take  the  acknowledgment  or  proof  of 
powers  of  attorney,  mortgages,  deeds,  grants, 
transfers,  and  other  instruments  of  writing  exe- 
cuted by  any  person,  and  to  give  a  certificate  of 
such  proof  or  acknowledgment,  indorsed  on  or  at- 
tached to  the  instrument; 

3.  To  take  depositions  and  affidavits,  and  ad- 
minister oaths  and  affirmations,  in  all  matters  in- 
cident to  the  duties  of  the  office,  or  to  be  used  be- 
fore any  court,  judge,  officer,  or  board  in  this 
State; 

4.  To  keep  a  record  of  all  official  acts  done  by 
them; 

5.  To  keep  a  record  of  the  parties  to,  date,  and 
character  of  every  instrument  acknowledged  or 
proved  before  them; 

6.  When  requested,  and  upon  payment  of  their 
fees  therefor,  to  make  and  give  a  certified  copy  of 
any  x'ecord  in  their  office; 

7.  To  provide  and  keep  official  seals,  upon 
which  must  be  engraved  the  arms  of  this  State, 
the  words  "Notary  Public,"  and  the  name  of  the 
county  for  which  they  are  commissioned: 

8.  To  authenticate  witli  their  official  seals  all 
official  acts. 

Subdivision  3.  Demand— for  acceptance  or  pay- 
ment, protest  as  evidence  of:  Sec.  795.     Present- 


§§  795,  TOG  Notaries  Public.  168 

ment  for  acceptance:  Civil  Code,  sees.  3185-3189. 
Presentment  lor  payment,  sees.  3211-3214,  sec. 
3248.  Excuse  of  presentment  and  notice:  Sees. 
3218-3220. 

Protest— of  foreign  bills:  Civil  Code,  sees.  3225- 
3238.  Waiver  of:  Civil  Code,  sec.  3160.  As  evi- 
dence: Sec.  795. 

Notice  of  protest — liow  given:  Civil  Code,  sec. 
3231;  see  notice  of  dishonor:  Civil  Code,  sees.  3141- 
3151.     Fee  for:  sec.  798. 

Subdivision  2.  Aclcnowledgments— of  instru- 
ments, generally:  Civil  Code,  sees.  1180-1207.  No- 
tary's authority  to  take:  Civil  Code,  sees.  1181- 
1183. 

Subdivision  3.  Depositions:  See  Code  Civ. 
Proc,  sees.  2019-2021.  Manner  of  taking  in  this 
State:  See  Code  Civ.  Proc,  sees.  2031-2038. 

Aftidavits:  See  Code.  Civ.  Proc,  sees.  2009-2015. 

Oaths  and  atiirmations— administration  of,  gen- 
erally: Code  Civ.  Proc,  sees.  2093-2097.  By  No- 
tary, authoi-ized:  Code  Civ.  Proc,  sec.  2093. 

§  795.  The  protest  of  a  notary,  under  his  hand 
and  official  seal,  of  a  bill  of  exchange, or  promissory 
note,  for  non-acceptance  or  nonpayment,  stating 
the  presentment  for  acceptance  or  payment,  and 
the  nouacceptance  or  nonpayment  thereof,  the 
service  of  notice  on  any  or  all  of  the  parties  to 
such  bill  of  exchange  or  promissory  note,  and  spe- 
cifying the  mode  of  giving  such  notice,  and  the  re- 
puted place  of  residence  of  the  party  to  such  bill  of 
exchange  or  promissory  note,  and  of  the  party  to 
whom  the  same  Avas  given,  and  the  post  office 
nearest  thereto,  is  prima  facie  evidence  of  the 
facts  contained  therein.  [Amendment  approved 
March  30,  1874;  Amendments  1873-4,  p.  13.  In 
effect  July  6,  1874.] 

Original  section  said  "primary"  instead  of 
"prima  facie." 

Official  seal:  Sec.  794,  subds.  7,  8. 

Prima  facie  evidence — entry  by  officer  is,  see 
Code  Civ.  Proc,  sees.  1920,  1926.  Generally:  See 
Code  Civ.  Proc,  sec.  18.33. 

§  796.  If  any  Notary  die.  resign,  is  disquali- 
fied,  removed   from  office,   or  removes  from  the 


1G9  Notaries   Public.  S§  797-799 

coiiuty  for  wliich  lie  is  appointed,  his  records  and 
all  his  public  papers  must,  witliin  tliirty  days,  be 
delivered  to  the  olerlv  of  tlie  county,  who  must 
deliver  them  to  the  notary's  successor,  when 
qualified. 

Resignations,  vacancies— and  the  mode  of  sup- 
plying- them:  Sees.  996-1004. 

§  797.  Every  notary  having  in  his  possession 
the  records  and  papers  of  his  predecessor  in  office 
may  grant  certificates  or  give  certified  copies  of 
such  records  and  papers,  in  lilve  manner  and  with 
the  same  effect  as  such  predecessor  could  have 
done. 

Certificates  and  certified  copies — of  records  and 
papers:  See  sees.  794,  795. 

§  798.    The  fees  of  notaries  are  as  follows: 

For  drawing  and  copying  ever.v  protest  for  the 
non-payment  of  a  promissor.v  note,  or  for  the  non- 
payment or  non-acceptance  of  a  bill  of  excliange, 
draft,  or  clieclv,  two  dollars. 

For  drawing  and  serving  every  notice  of  non- 
payment of  a  promissory  note,  or  of  the  non-pay- 
ment or  non-acceptance  of  a  bill  of  exchange,  or- 
der, draft,  or  check,  one  dollar. 

For  recording  every  protest,  one  dollar. 

For  drawing  an  aftidavit,  deposition,  or  other 
paper  for  wliicli  provision  is  not  herein  made,  for 
each  folio,  thirty  cents. 

For  talving  an  aclvuowledgraent  or  proof  of  a 
deed  or  other  instrument,  to  include  the  seal  and 
the  writing  of  the  certificate,  for  the  first  two  sig- 
natures, one  dollar  each,  and  for  each  additional 
signature,  fifty  cents. 

For  administering  an  oath  or  attirmation,  fifty 
cents. 

For  every  certificate,  to  include  writing  the 
same,  and  the  seal,  one  dollar.  [Amendment 
approved  March  16,  1874;  Amendments  1873-4, 
p.  71.     In  effect  March  16,  1874.] 

§  799.    P^ach  notary  must     execute     an  oflficial 
bond  in  the  sum  of  five  tliousand  dollars,  which 
bond  must  be  approved  bv  tlie   judge  of  the  su- 
Pol.  Code— l.'^. 


§§  800-812       Commissioners  of  Deeds.  170 

perior  court  of  his  county,  and  filed  and  recorded 
as  other  otficial  bonds  of  county  officers.  [Amend- 
ment approved  April  3,  1880;  Amendments  1880, 
p.  19.     In  effect  April  3,  1880.] 

Amended  to  conform  to  new  constitution,  in  the 
-word  "superior." 

Notary's  official  bond— liability  on,  sec.  801. 
Bonds  of  officers,  generally:  Sees.  947-986. 

§  800.  Each  notary,  so  soon  as  he  has  taken 
his  official  oath,  and  filed  his  official  bond,  must 
transmit  a  certificate  of  the  facts,  under  the 
hand  and  seal  of  the  county  clerk,  together  with 
a  copy  of  -his  official  oath,  signed  by  him  with  his 
own  proper  signatxire,  to  the  office  of  the  secre- 
tary of  state.  [Amendment  approved  March  26, 
1878:  Amendments  1877-8,  p.  24.  In  effect  March 
26,   1878.] 

Original  section  did  not  have  clause  from  "to- 
gether" and  ending  with  "signature." 

Official  oath— generally:  Sees.  904-910. 

§  801.  For  the  official  misconduct  or  neglect  of 
a  notary  public,  he  and  the  sureties  on  his  official 
"bond  ai"e  liable  to  the  parties  Injured  thereby  for 
all  the  damages  sustained. 


ARTICLE    IV. 

COMMISSIONERS     OP    DEEDS. 

§  811.  Governor  to  appoint. 

S  812.  General  duties  of. 

§  813.  Effect  of  acts  done  by  Commissioners. 

§  814.  Oath,  when  to  be  filed. 

§  81.5.  Fees. 

?  816.  List  of  Commissioners  to  be  published. 

§  817.  Copy  of  this  Article  to  be  transmitted  to  appointee. 

§  811.  The  governor  may  appoint  In  each  State 
of  the  United  States,  or  in  any  foreign  State,  one 
or  more  commissioners  of  deeds,  to  hold  office  for 
the  term  of  four  years  from  and  after  the  date  of 
their  commission. 

§  812.  Every  commissioner  of  deeds  has  pow- 
er, within  the  State  for  which  he  is  appointed: 


171  Commissioners  of  Deeds,      §§  813-817 

1.  To  admiuister  and  certify  oaths; 

2.  To  talve  and  certify  depositions  and  affida- 
vits; 

3.  To  talve  and  certify  tlie  acknowledgment  or 
proof  of  powers  of  attorney,  mortgages,  transfers, 
grants,  deeds,  or  other  instruments  for  record; 

4.  To  provide  and  keep  an  otKcial  seal,  upon 
which  must  be  engraved  the  arms  of  this  State, 
the  words  "Commissioner  of  Deeds  for  the  State 
of  California,"  and  the  name  of  the  State  for 
which  he  is  commissioned; 

5.  To  authenticate  with  his  official  seal  all  his 
official  acts. 

Acknowledgments— out  of  State:  See  Civil  Code, 
sec.  1182,  subd.  3  and  4. 

§  813.  All  oaths  administered,  depositions  and 
affidavits  taken,  and  all  acknowledgments  and 
proofs  certified  by  commissionei-s  of  deeds,  have 
the  same  force  and  effect,  to  all  intents  and  pur- 
poses, as  if  done  and  certified  in  this  State  by  any 
officer  authorized  by  law  to  perform  such  acts. 

§  814.  The  official  oaths  of  commissioners  of 
deeds  must  be  filed  in  tlie  office  of  tlie  secretary 
of  state  within  six  months  after  they  are  taken. 

§  815.  The  fees  of  commissioners  of  deeds  are 
the  same  as  those  prescribed  for  notaries  public. 

§  816.  The  names  of  all  persons  appointed 
commissioners  must  be  published  three  times  in 
some  weelcly  newspaper,  published  at  the  seat 
of  government  of  tlie  State. 

§  817.  The  secretary  of  state  must  transmit, 
with  the  commission  to  the  appointee,  a  certified 
copy  of  this  article,  and  of  section  798. 


§§  S27-831  Other   Officers.  172 


ARTICLE    V. 

OTHER     OFFICERS. 

§  827.     Court    Commissioners. 

§  828.     Secretary  and  Bailiff  of  the  Supreme  Court. 

§  829.     Phonographic  Reporters. 

§  830.     Clerics,  Sheriffs,   Coroners  and  other  county  ofllcers, 

eic. 
§  831.    Attorneys  and  Counselors  at  Law. 

§  827.  The  mode  of  appointment,  powex's,  and 
duties  of  court  commissioner  are  fixed  bv  Chap- 
ter II,  Title  111,  Part  I,  of  the  Code  of  Civil 
Procedure. 

Court  commissioners:  Code  Civ.  Proc,  sees.  258, 
259. 

§  828.  The  mode  of  appointment,  powers,  and 
duties  of  the  secretary  and  bailiff  of  the  supreme 
court  are  fixed  by  Chapter  II,  Title  IV,  Part  I  of 
tlie  Code  of  Civil  Procedure. 

Secretaries  and  bailiffs  of  supreme  court:  Code 
Civ.  Proc,  sees.  265,  266;  salaries,  sec.  739,  of  this 
Code. 

§  829.    The  mode  of  appointment,  powers,  and 
duties  of  phonographic    reporters    are    fixe^l    by 
Chapter  III,  Title  IV.  Part  I,  of  the  Code  of  Civ- 
il Procedure,  and  sections  769    and  770     of  this  ' 
Code. 

Phonograpliic  reporters — Code  Civ.  Proc,  sees. 
208-274.  Of  supreme  court,  salary,  sec.  739,  of 
this  Code. 

§  830.  The  mode  of  election  of  clerks,  sheriffs, 
coroners,  and  otlier  county  and  township  officers, 
is  fixed  by  Part  IV,  of  this  Code. 

See  post,  sec.  3901. 

County  officers— election  of:  Sec.  4109. 

§  831.  The  admission  of  attorneys  and  coun- 
selors at  law  is  provided  for  and  their  duties  fixed 


173  DisqualificntioDS.  §  841 

in  Cliapter  I,  Title  V,  Part  1,  of  tho  Code  of  Civil 
Procedure. 

Attorneys  and    counselors  at  law:    Code    Civ. 
Proc,  sees.  275-299. 


CHAPTER  VIT. 

GENERAL    PROVISIONS     RELATING     TO     DIFFERENT 
CLASSES     OF     OFFICERS. 

Article  I.  Disqualifications. 

II.  Restrictions  upon  the  Residence  of  Officers. 

III.  Powers  of  Deputies. 

IV.  Appointment  and   Duration  of  Term. 
V.  Nominations   and   Commissions. 

VI.     Oath   of   Office. 

VII.    Prohibitions   Applicable  to   Certain   Officers. 
VIII.    Salaries,    when   Title   is   Contested. 
IX.     Bonds  of  Officers. 

X.     Resignations,    Vacancies   and   the   Mode   of   Sup- 
plying them. 
XI.     Proceedings    to    Compel    Delivery    of    Books    and 

Papers. 
XII.     Miscellaneous   Provisions. 

ARTICLE  I. 

DISQUALIFICATIONS. 

§  841.    Age   and   citizenship. 

§  842.    Other  disqualifications. 

§  843.    County  officer  not  to  act  as  deputy. 

§  841.  No  person  is  capable  of  holding  a  civil 
office  who  at  the  time  of  his  election  or  appoint- 
ment is  not  of  the  age  of  twentvone  vears  and  a 
citizen  of  this  State. 

Persons:  Sees.  37,  r>0-r)2,  54-00. 

Civil  office — as  distinguished  from  military,  see 
as  to  executive  officers,  sec.  341. 

Over  twenty-one:  See  Civil  Code,  sec.  25, 
subd.  1.  Women  eligible  to  educational  offices: 
Stats.  1874,  p.  356. 

Citizensliip,  as  requisite  for  .i"flici<il  officers: 
Code  Civ.  Proc,  sees.  1.5f),  157,  159;  of  women 
over  twenty-one  years  of  age,  qualification  for 
educational  offices:  Stats.  1874,  p.  350.  See  post, 
Appendix,  p.  1052. 


§§  842,843  Disqualifications.  174 

Citizens  of  this  State:  Sec.  51. 

De  facto  officei-s:  See  ante,  sec.  220. 

§  842.  Provisions  respecting  disqualification 
for  particular  offices  are  contained  in  the  Con- 
stitution and  in  the  provisions  of  the  Codes  con- 
cerning the  various  offices. 

Disqualification  for  holding  office,  by  Const. 
Cal.:  Bribery  as,  art.  20,  sees.  10,  11;  dueling  as, 
art.  20,  sec.  2:  embezzlement  or  defalcation  as, 
art.  4,  sec.  20;  federal  officers,  of,  art.  4,  sec.  20; 
forgery  as.  art.  20,  sec.  11;  governor,  of,  art.  5. 
sec.  8;  while  holding  other  office,  art.  5.  sec.  12; 
high  crimes  as,  art.  20,  sec.  11;  impeachment, 
judgment  in  as,  art.  4.  sec.  18;  judicial  officers,  of, 
for  post  of  nonjudicial  character,  art.  (!,  see.  18: 
legislature,  members  of,  art.  4,  sec.  4;  what  civil 
office  or  profit  ineligible  to,  art.  4.  sec.  19;  if  in- 
fluenced by  reT^"ard  or  promise  thereof,  art.  4. 
sec.  35;  lieutenant-governor,  from  holding  other 
office,  art.  5,  sec.  15:  malfeasance  in  office  as,  art. 
20,  sec.  11;  perjury  as,  art.  20,  sec.  11;  of  lobbying, 
art.  4,  sec.  35.  By  Code,  judicial  officers.  Code 
Civ.  Proc.  sees.  1.56.  157.  159. 

Sex  not  a  disqualification— for  any  occupation. 
Const.  Cal..  art.  20.  sec.  18;  women  eligible  to  ed- 
ucational offices.  Stats.  1876,  p.  356;  female  teach- 
ers to  receive  same  compensation  as  males.  Stats. 
1874,  p.  938. 

Fees,  what  judicial  officers  not  to  receive. 
Const.  Cal.,  art.  6,  sec.  15. 

§  843.  No  county  officer  must  be  appointed  or 
act  as  the  deputy  of  another  officer  of  the  same  i 
county,  except  in  cases  where  the  pay  of  the  of-  ] 
ficer  so  appointed  amounts  to  a  sum  less  than  ] 
seventy-five  dollars  per  mouth.  [Amendment  ap-  ■! 
proved  March  15.  1876;  Amendments,  1875-6,  p. 
23.    In  effect  March  15.  1876.] 

Powers  of  deputies:  Sec.  865. 

County  officers:  Sees.  4101  et  seq. 


175  Residenoe  of  Officers.         §§  852,  S5r5 


ARTICLE  II. 

RESTRICTIONS     UPON     THE     RESIDENCE     OF     OFFI- 
CERS. 

§  852.  Certain   ofBcers  must   reside  in    Sacramento. 

§  853.  Absence  from  the  State. 

§  854.  Restrictions   upon   judicial   officers. 

§  855.  Restrictions   upon   county   officers. 

§  852.  The  following  officers  mvist  reside  at 
aud  keep  their  offices  in  the  city  of  Sacramento: 

The  (4overnor;  Secretary  of  State:  Controller: 
Treasurer  of  State:  Attorney-General:  Surveyor- 
General:  State  Printer;  Superintendent  of  Public 
Instruction;  Justices  of  the  Supreme  Court; 
Clerk  of  the  Supreme  Court;  Reporters  of  the  Su- 
preme Court;   and   Adjutant-General. 

Origin  of  section — extension  of  Stats.  1854,  p. 
58. 

Residence,  rules  for  determining:  Sec.  52.  Jus- 
tices of  Supreme  Coiu't.  eligibility  based  on:  See 
Code  Civ.  Proc,  sec.  156.  Other  judicial  officers: 
See  sec.  854. 

"Absence  from  this  State  on  business  of  tlie 
State  or  of  the  United  States  shall  not  affect  the 
question  of  residence  of  any  person":  Const.  Cal., 
art.  20,  sec.  12. 

§  853.  No  officer.  State,  county,  or  municipal, 
shall  absent  himself  from  the  State  for  more  than 
sixty  days,  unless  upon  business  of  the  State,  or 
with  the  consent  of  the  legislature;  provided, 
that  in  the  case  of  illness  or  other  urgent  neces- 
sity, tlie  Governor  in  the  case  of  State  officers, 
tlie  Board  of  Supervisors  in  the  case  of  county 
officers,  the  City  Council  or  other  governing  body 
of  the  mimicipality  in  the  case  of  municipal  offi- 
cers, shall,  upon  a  proper  showing  of  such  ill- 
ness or  necessity,  extend  the  time  herein  limited 
for  the  absence  of  any  sucli  officer  from  the 
State.  [Amendment  approved  March  9,  1897; 
Amendments  1897,  ch.  Ixxxiv.  In  effect  imme- 
diately; all  conflicting  acts  repealed.] 

Absence  from  State — of  judicial  officers,  for- 
feiture of  office  for.  Const.  Cal.,  art.  fi.  sec.  9.  Of 
Governor,  effect  of,  Const.  Cal.,  art.  5,  sec.  10. 


§§  854-875  Duration  of  Terms.  176 

Business  of  the  State — absence  from  State  on, 
not  to  affect  residence  of  any  person,  Const.  Cal., 
art.  20,  sec.  12. 

Consent  of  the  legislature — not  to  be  given  to 
absence  of  judicial  officei*.  Const.  Cal.,  art.  6,  sec. 
9. 

§  854.  Restrictions  upon  the  residence  of  oth- 
er judicial  otflcers  are  contained  in  the  Code  of 
Civil  Procedure. 

Other  judicial  officers— restrictions  on  residence 
of,  Code  Civ.  Proc,  sees.  157-159. 

§  855.  Restrictions  upon  the  residence  of 
county  otficers  are  contained  in  Part  IV  of  this 
Code. 

County  officers,  restrictions  upon  residence  of: 
Sees.  4101,  4119. 

District  and  township  officers,  like  restrictions: 
sec.  4102. 

ARTICLE   III. 
POWERS     OF     DEPUTIES. 
§  835.     Powers  of  Deputies. 

§  865.  In  all  cases  not  otherwise  provided  for, 
each  deputy  possesses  the  powers  and  may  per- 
form the  duties  attached  by  law  to  the  office  of 
his  principal. 

Deputies,  appointment  of:  Sees.  876,  894;  oath 
of,  sec.  910. 

All  necessary  deputies— may  be  appointed  by 
most  county  and  township  officers:  Sec.  4112. 


ARTICLE   IV. 

APPOINTMENT  AND  DURATION  OF  TERMS. 

§  875.  Appointments,   when  not  otherwise  provided  for. 

§  876.  Deputies   and   subordinate  officers. 

J  877.  Number   of  deputies. 

§  878.  Term  of  office,  when  not  prescribed. 

§  879.  Holding  over  until  successor  is  qualified. 

§  875.  Every  officer,  the  mode  of  whose  ap- 
pointment is  not  prescribed  by  the  Constitution 
or  statutes,  must  be  appointed  bj'  the  Governor. 


177  Commissions  of  Officers.        §§  876-889 

Governor— to  see  tliat  all  offices  filled:  Sec.  380, 
subd.  2;  to  mal^e  appointments  mentioned  in 
Code:  Sec.  380,  subd.  3. 

Legislature  may  direct— whether  officer  shall  be 
elected  or  appointed,  if  no  provision  on  the  sub- 
ject, etc.:  Const.  Cal.,  art.  20,  sec.  4. 

§  876.  All  assistants,  deputies,  and  other  sub- 
ordinate officers,  Avliose  appointments  are  not  oth- 
erwise pi'ovided  for,  must  be  appointed  by  the 
officer  or  body  to  whom  they  are  respectively  sub- 
ordinate. 

See  sec.  4112.  post. 

Aliens,  not  to  be  appointed  deputies  or  clerks: 
Stats.  1880,  23.    See  General  Laws,  title  "Aliens." 

§  877.  When  the  number  of  such  deputies  or 
subordinate  officers  is  not  fi-xed  by  law,  it  is  lim- 
ited only  by  the  discretion  of  the  appointing 
power. 

Discretion  of  the  appointing  power — extensive 
in  case  of  county  officers:  Sec.  4112. 

S  878.  Every  office  of  whicli  the  duration  Is 
not  fixed  by  law,  is  held  at  the  pleasure  of  the 
appointing  power. 

Similar  constitutional  provisions:  Art.  20,  sec. 
10. 

§  879.  Every  officer  must  continue  to  dis- 
charge tlie  duties  of  his  office,  although  his  term 
has  expired,  until  his  successor  has  qualified. 

Resignation  of  office:  See  post,  sec.  995. 

ARTICLE  y. 

NOMINATIONS    AND    COMMISSIONS    OF    OFFICERS. 

§  889.  Nominations  to  Senate  must  be   in  writing.    , 

§  890.  ■  Resolution  of  concurrence. 

§  891.  Commissions  by  the  Governor. 

§  892.  Form  of  commissions. 

§  893.  Other  commissions. 

§  894.  Appointment  of  deputies,   etc.,   how  made. 


fe 


§  889.     Nominations   made  by  tlie   Governor  to 
the   Senate   must  be   in   writing,   designating  the 


§§  890-894       Commis.sions  of  Officers.  178 

residence  of  the  nominee  and  the  office  for  which 
he  is  nominated. 

§  890.  Whenever  the  Senate  concurs  in  a  nom- 
ination, its  Secretary  must  immediately  deliver  a 
copy  of  the  resolution  of  concurrence,  certified  by 
the  President  and  Secretary,  to  the  Secretary  of 
State,  and  another  copy,  certified  by  the  Secre- 
tary, to  the  Governor. 

§  891.    The  Governor  must  commission: 

1.  All  officers  elected  by  the  people,  whose 
commissions  are  not  otherwise  provided  for; 

2.  All  officers  elected  by  the  legislature; 
.3.    All  officers  of  the  militia; 

4.  All  officers  appointed  by  the  Governor,  or 
by  the  Governor  with  the  advice  and  consent  of 
tlie  Senate; 

5.  United  States  Senators. 

See  sec.     380,  ante;  sec.  382,  subd.  4,  and  sec. 

87r>. 

Register  of  appointments— Governor  to  cause  to 
be  kept:  Sec.  382,  subd.  4. 

§  892.  The  commissions  of  all  officers  commis- 
sioned by  the  Governor  must  be  issued  in  the 
name  of  the  people  of  this  State,  and  must  be 
signed  by  the  Governor  and  attested  by  the  Sec- 
retary of  State,  under  the  Great  Seal. 

Basis  of  section,  Stats.  1863,  p.  388;  similar  con- 
stitutional provision.  Const.  Cal.,  art.  5,  sec.  14. 

S  893.  The  commissions  of  all  other  officers, 
wliere  no  special  provision  is  made  by  law,  must 
be  signed  by  the  presiding  officer  of  the  body,  or 
by  the  person  malcing  the  appointment. 

S  894.  Tlie  appointment  of  deputies,  clerks, 
and  subordinate  officers,  when  not  otherwise  pro- 
vided for,  must  be  made  in  writing,  filed  in  the 
office  of  the  appointing  power  or  the  office  of  its 
Clerk. 

Appointment  of  deputies,  by  whom  made,  sec. 
S76;  filed  where  made  by  county  officers,  etc., 
sec.  4113. 

Oath,  how  taken,  and  where  filed:  Sec.  910, 
post. 


179  Oath  of  Office.  §§  904-908 

ARTICLE  VI. 

OATH     OF     OFFICE. 

§  904.  Oath,  form  of. 

§  905.  Oath  of  Governor  and  Lieutenant  Governor. 

§  906.  Oath  of  members  of  the  Legislature. 

§  907.  Oath,    when    taken. 

§  908.  Oath,  before  whom  taken. 

§  909.  Oath,   where   filed. 

§  910.  Oath  of  deputies. 

§  904.  Before  any  officer  enters  on  the  duties 
of  his  office,  he  must  talve  and  subscribe  the  fol- 
lowing oatli: 

"1  do  swear  [or  affirm]  that  I  will  supiport  the 
Constitution  of  the  United  States  and  the  Con- 
stitution of  tlie  State  of  California,  and  that  I  will 

faithfully  discharge  the  duties  of  the  office  of 

accortling  to  the  best  of  my  ability." 

Provision  constitutional:  See  Const.  Cal..  art. 
20,  see.  3. 

§  905.  The  Governor  and  Lieutenant-Governor 
must  take  the  official  oath  in  the  presence  of  both 
Houses  of  the  Legislature,  in  Convention  assem- 
bled, and  an  entry  of  the  fact  must  be  made  up- 
on the  Journals  of  each  House. 

§  906.  Members  of  the  Legislature  may  take 
the  oath  of  office  at  any  time  during  the  term  for 
which  they  were  elected. 

§  907.  Whenever  a  different  time  is  not  pre- 
scribed by  law,  the  oath  of  office  must  be  taken, 
subscribed,  and  filed  within  ten  days  after  the 
officer  has  notice  of  his  election  or  appointment, 
or  before  the  expiration  of  fifteen  days  from  the 
commencement  of  his  term  of  office,  when  no 
such  notice  has  been  given. 

When  must  qualify:  See  post,  sees.  940,  947. 
See  mandatory  section,  sec.  947,  post. 

§  908.  Except  when  otherwise  provided,  the 
oath  may  be  taken  before  any  officer  authorized 
to  administer  oaths. 


§§  909-920  Prohibitions.  180 

Administration  of  oattis,  and  affirmations:  Code 
Civ.  Proc,  sees.  2093-2097.      " 

§  909.  Every  oatli  of  office  certified  by  tlie  of- 
ficer before  wliom  the  same  was  talien,  must  be 
filed  witliin  the  time  required  by  law,  except 
when  otherwise  specially  provided,  as  follows: 

First— The  oath  of  all  officers  whose  au- 
thority is  not  limited  to  any  particular  county,  in 
the  office  of  the  Secretary  of  State. 

Second— The  oatli  of  all  officers,  elected  or  ap- 
pointed for  any  county,  and  of  all  officers  whose 
duties  are  local,  or  whose  residence  in  any  partic- 
ular county  is  prescribed  by  law,  in  the  offices  of 
the  Clerks  of  their  respective  counties. 

Third— Each  Judge  of  a  Superior  Court  and 
County  Clerk  must,  so  soon  as  he  has  taken  and 
subscribed  his  official  oath,  file  a  copy  thereof, 
signed  with  his  own  proper  signature,  in  the  of- 
fice of  the  Secretary  of  State.  [Amendment  ap- 
proved April  3,  1880:  Amendments  1880,  p.  20.  In 
effect  April  3,  1880.] 

§  910.  Deputies,  clerks,  and  subordinate  offi- 
cers must,  within  ten  days  after  receiving  notice 
of  their  appointment,  take  and  file  an  oath  in 
the  manner  required  of  their  principals. 


ARTICLE   VII. 

PROHIBITIONS      APPLICABLE      TO     CERTAIN     OFFI- 
CERS. 

§  920.  Certain   officers   not  to  be   interested   in   contracts. 

§  921.  No  purchasers  or  vendors  at  certain  sales. 

§  922.  Contracts  in  violation,   voidable. 

§  923.  Certain  officers  prohibited  from  dealing  in  scrip,  etc. 

§  924.  Auditing  officers,   duties   of. 

5  925.  Treasurer,   duties  of. 

§  926.  When   settlements   must  be   withheld. 

§  920.  Members  of  the  Legislature,  State, 
county,  city  and  township  officers,  must  not  be  in- 
terested in  any  contract  made  by  them  in  their 
official  capacity,  or  by  any  body  or  Board  of 
which  they  are  members. 

Basis  of  section:  Stats.  1851,  p.  522. 


181  Prohibitions.  §§  921-924 

Officer  interestefl  in  official  contracts,  liability 
for:  Penal  Code,  sec.  71. 

§  921.  State,  county,  township,  and  city  offi- 
cers must  not  be  purchasers  at  any  sale,  nor  ven- 
dors at  any  purchase  made  by  them,  in  their  of- 
ficial capacity. 

Basis  of  section:  Stats.  1851,  p.  522. 

Penalty  for  violation  of  section:  Penal  Code, 
sec.  71. 

Removal  of  officers  for  misconduct:  See  post. 
Appendix,  p.  1056. 

§  922.  Every  contract  made  in  violation  of  any 
of  the  provisions  of  the  two  preceding  sections 
may  be  avoided  at  the  instance  of  any  party  ex- 
cept the  officer  interested  therein. 

§  923.  The  State  Treasurer  and  Controller,  the 
several  county,  city,  or  town  officers  of  this  State, 
their  deputies  and  clerks,  are  prohibited  from  pur- 
chasing or  selling,  or  in  any  manner  receiving  to 
their  own  use  or  benefit,  or  to  the  use  or  benefit 
of  any  person  or  persons  whatever,  any  State, 
county,  or  city  warrants,  scrip,  orders,  demands, 
claims,  or  other  evidences  of  indebtedness  against 
the  State,  or  any  county  or  city  tliereof,  except 
evidences  of  indebtedness  issued  to  or  lield  by 
them  for  services  rendered  as  such  officer,  depu- 
ty, or  clerk,  and  evidences  of  the  funded  indebt- 
edness of  such  State,  city,  town,  or  corporation. 

Section  founded— on  Stats.  1852,  p.  64. 

Liability  for  violation— of  section:  Penal  Code, 
sec.  71. 

§  924.  Every  officer  whose  duty  it  is  to  audit 
and  allow  the  accounts  of  otlier  State,  county, 
city,  or  town  officers  must,  before  allowing  such 
accounts,  require  each  of  such  officers  to  make 
and  file  with  him  an  affidavit  that  he  has  not  vio- 
lated any  of  the  provisions  of  this  article. 

False  or  fraudulent  claim— presentation  feloni- 
ous: Penal  Code.  sec.  72. 

Violation  of  any  of  the  provisions  of  article,  in- 
formation  to   cause   suspension   of   settlement   or 
payment:  Sec.  926. 
Pol.  Code— le. 


§§  925-980  Salaries  of  Officers.  182 

§  925.  Officers  charged  with  the  disbursement 
of  public  moneys  must  not  pay  any  warrant  or 
other  evidence  of  indebtedness  against  the  State, 
county,  city,  or  town,  Avhen  the  same  has  been 
purchased,  sold,  received,  or  transferred  contrary 
to  any  of  the  provisions  of  this  Article. 

See  sees.  05-77,  Penal  Code. 

§  926.  Every  officer  charged  with  the  disburse- 
ment of  public  moneys,  who  is  informed  by  affi- 
davit that  any  officer  whose  account  is  about  to 
be  settled,  audited,  or  paid  by  him,  has  violated 
any  of  the  provisions  of  this  Article,  must  sus- 
l)end  such  settlement  or  payment,  and  cause  such 
officer  to  be  prosecuted  for  such  violation,  by  the 
District  Attorney  of  the  county.  In  case  there  be 
judgment  for  the  defendant  upon  such  prosecu- 
tion, the  respective  officer  may  proceed  to  settle, 
audit,  or  pay  such  account,  as  if  no  such  affidavit 
had  been  filed.  [Amendment  approved  March 
oO;  Amendments  1878-4,  p.  14.  In  effect  July  (>, 
1S74.] 

ARTICLE  YIIT. 

SALARIES     OF     OFFICERS     WHEN     TITLE     IS     CON- 
TESTED. 

§  936.     Title  fontested,  salary  must  not  be  paid. 

§  937.     Pendency  of  suit  must  be  certified  by  the  Clerk. 

§  936.  ^\'hen  the  title  of  the  incumbent  of  any 
office  in  this  State  is  contested  by  proceedings  in- 
stituted in  any  court  for  that  purpose,  no  wan-ant 
can  thereafter  be  drawn  or  paid  for  any  part  of 
his  salary  imtil  such  proceedings  have  been  tinal- 
ly  determined:  provided,  liowever,  that  this  sec- 
tion shall  not  l)e  construed  to  apply  to  any  party 
to  a  contest  or  proceeding  now  pending  or  here- 
after instituted  who  holds  the  certificate  of  elec- 
tion or  commission  of  office,  and  discharges  the 
duties  of  the  office;  but  such  party  shall  receive 
the  salary  of  such  office,  the  same  as  if  no  such 
contest  or  proceeding  was  pending.  [Amend- 
ment approved  INIarch  10.  1891;  Stats.  1891,  p.  28. 
In  effect  immediately.] 

Article  founded  on  Stats.  1860,  p.  108,  which  ap- 
plied to  State  officers  only. 


183  Salaries  of  Officers.  §  937 

Contesting  elections:  See  Code  Civ.  Proc,  sees. 
1111-1127;  for  members  of  I>esislature,  this  Code, 
sees.  273-283;  for  Governor  or  Lieutenant-Govern- 
or, this  Code,  sees.  288-295. 

§  937.  As  soon  as  such  proceedings  are  Insti- 
tuted, the  clerk  ol"  the  court  in  Avhich  they  ai'e 
pending  must  certify  the  facts  to  the  officers 
whose  duty  it  would  otherwise  be  to  draw  such 
warrant  or  pay  such  salary,  except  in  the  cases 
included  in  the  proviso  to  the  foregoing  section. 
[Amendment  approved  March  10,  1891;  Stats. 
1891.  p.  29;  in  effect  immediately.] 

Stats.  1860,  108. 


§  1)47  Bonds  of  Officers.  184 

ARTICLE    IX. 
BONDS     OF     OFFICERS. 

§  947.  Time  for  filing  bond. 

§  948.  Approval,  filing,  etc.,  bonds  of  State  officers. 

§  949.  Bond  of  Secretary  of  State,  where  filed. 

§  950.  Bonds  of  county  and  township  oflicers. 

§  951.  Record    of    official    bond. 

§  952.  Approval  must  be  indorsed  on  bond. 

§  953.  Bond  not  to  be  filed  before  approval. 

§  954.  Condition    of    bond. 

§  955.  Justification  of  sureties. 

§  956.  Sureties  for  less  than  the  penal  sum. 

§  957.  Custody  of  official  bonds. 

§  958.  Form    of   bonds. 

§  959.  Construction    of    bonds. 

§  960.  Same. 

§  961.  Suit  on  bonds. 

§  962.  Same. 

g  963.  Defects  in  form,  approval,  filing,  etc.,  not  to  vitialf 

§  964.  Insufficiency  of  sureties. 

§  965.  Form  of  additional  bond. 

§  966.  Force  of  original   bond. 

§  967.  Liability  of  oflicers  and  sureties. 

?  96S.  Separate  judgment  on  bonds. 

§  969.  Contribution  between  sureties. 

§  970.  Discharge   of  sureties. 

§  971.  Persons   appointed   to   fill   vacancies,    bonds   of. 

§  972.  Release  of  sureties. 

5  973.  Same. 

§  974.  Same. 

S  975.  Office  declared  vacant  for  want  of  official   bond. 

§  976.  Supplemental   bond. 

§  977.  Same. 

§  978.  Same. 

§  979.  Same. 

§  980.  Effect  of  discharge  of  sureties. 

§  981.  Provisions  of  Article  apply  to  bonds  of  administra- 
tor. 

§  982.  Bonds  of  receivers,  assignees,  etc. 

§  983.  Actions  on  official  bonds,   effect  of. 

§  984.  Same. 

§  985.  Bonds  of  deputies,  clerks,  etc. 

§  983.  Bond   of  County  Clerk,  where  filed. 

§  987.  Enforcement  of  contract  to  sell  land  affected  by 
lien. 

§  947.    Every  official  bond  must  be  filed  in  the 
proper  office  within  the  time  prescribed  for  filing 


1.S5  Bonds   of  Officers.  §§  948-9.14 

the  oath,  unless  otherwise  expressly  provided  by 
statute. 

Time  prescribed  for  filing  oath:  Sec.  907. 
Execution:  See  post,   sec.   950. 
Irregularities  in  bond:  See  post,  sec.  963. 
Continuing  liability  on  bond:  See  sec.  959. 

§  948.  Unless  otherwise  prescribed  by  statute, 
the  othcial  bonds  of  State  officers  must  be  approv- 
ed by  tlie  Governor,  and  filed  and  recorded  in  tlie 
office  of  the  Secretary  of  State. 

Approval— indorsed  on  bond:  Sec.  952;  defect 
in:  See  sec.  963. 

Recording:  Sec.  951. 

§  949.  The  official  bond  of  the  Secretary  of 
State  must,  after  it  is  recorded,  be  filed  in  the  of- 
fice of  tlie  Treasiu'er  of  State. 

§  950.  Unless  otherwise  prescribed  by  statute, 
the  official  bonds  of  county  and  township  officers 
must  be  approved  by  the  Judge  of  the  Superior 
Court,  recorded  in  tlie  office  of  the  Count.v  Re- 
corder, and  then  filed  in  the  County  Clerk's  office. 
[Amendment  approved  April  3,  1880;  Amend- 
ments 1880,  p.  20.  In  eft:"ect  April  3,  1880.]  (See 
sees.  951,  953,  986.) 

§  951.  Official  bonds  must  be  recorded  in  a 
book  kept  for  that  purpose,  and  entitled  "Record 
of  Official  Bonds." 

§  952.  The  approval  of  every  official  bond 
must  be  indorsed  thereon  and  signed  by  the  offi- 
cer approving  the  same. 

§  953.  No  officer  with  whom  any  official  bond 
is  required  to  be  filed  must  file  siich  bond  until 
approved. 

iJuty  of  officer  to  give  copies:  Sec.  957. 

§  954.  The  condition  of  an  official  bond  must 
be  that  the  principal  will  well,  trul.v,  and  faithfully 
perform  all  official  duties  tlien  recpured  of  liiiii  liy 
law.  and  also  all  such  additional  duties  as  may 
be  imposed  on  him  by  any  law  of  the  State  of 
California.  Sucli  bond  must  be  signed  by  the 
principal  and  at  least  two  sureties.    (See  sec.  960.) 


§§  9.".",,  Q-S  Bonds  of  Officers.  186 

§  955.  The  officer  whose  duty  it  i.s  to  approve 
official  bonds  required  of  State,  county,  city  and 
county,  or  township  officers,  must  not  accept  or 
approve  any  such  bond,  unless  each  of  the  sure- 
ties severally  justify  before  an  officer  authorized 
to  administer  oaths  as  follows: 

1.  On  a  bond  given  by  a  State  officer  that  such 
surety  is  a  resident  and  freeholder  or  household- 
er, within  this  State:  and  on  a  bond  given  by  a 
county,  city  and  county,  or  town  officer  that  such 
surety  is  a  resident  and  freeholder  or  household- 
er, within  such  county,  city  and  county,  or  with- 
in an  adjoining  county  or  city  and  county. 

2.  That  such  surety  is  worth  the  amount  for 
which  he  becomes  surety,  over  and  above  all  his 
debts  and  liabilities  in  unincumbered  property, 
situated  within  this  State,  exclusive  of  property 
exempt  from  execution  and  forced  sale. 

3.  A  member  of  the  Board  of  Supervisors  shall 
not  be  accepted  as  surety  upon  the  official  bond 
of  any  county,  city  and  county,  or  township  offi- 
cer of  his  county:  nor  shall  the  Sheriff,  Clerk. 
Tax  Collector,  Treasurer,  Recorder,  Auditor,  As- 
sessor, or  District  Attorney  of  the  same  county 
or  city  and  count.v,  become  sureties  upon  official 
bonds  for  each  other. 

4.  A  corporation  sucli  as  is  mentioned  in  sec- 
tion ten  hundred  and  fifty-six  of  the  Code  of  Civil 
Procedure  of  this  State,  may  become  and  shall  be 
accepted  as  sole  and  sufficient  surety  upon  any 
bond  or  undertaliiug  authorized  or  required  by 
the  provisions  of  this  Code  or  of  any  law  of  this 
State,  subject  to  the  provisions  of  said  section, 
and  those  of  section  ten  hundred  and  fifty-seven 
of  tlie  same  Code.     [Approved  March  10,  i889.] 

Third  subdivision  of  section— added  by  amend- 
ment 1874.  Rest  of  section  based  on  Stats.  1857, 
p.  1G7. 

Justification  of  sureties:  Compare  Code  Civ. 
Proc,  sec.  1057. 

Must  be  joint  and  several:  See  sec.  958,  post. 

§  956.  When  the  penal  sum  of  any  bond  re- 
quired to  be  given,  amounts  to  more  than  one 
thousand  dollars,  the  sureties  may  become  sever- 
ally liable  for  portions  of  not  less  than  five  hun- 
dred dollars  thereof,  making  in  the  aggregate,  at 


187  Bonds  of  Officers.  S§  9r>7-9G0 

least  two  sureties  for  the  whole  penal  sum.  And 
if  any  such  bond  becomes  foi'feited  an  action 
may  be  brought  thereon  against  all  or  any  num- 
ber of  the  obligors,  and  judgment  entered  against 
them,  either  jointly  or  severally,  as  they  may  be 
liable.  The  judgment  must  not  be  entered 
against  a  surety  severall.v  bound  for  a  greater 
sum  than  that  for  which  he  is  specially  liable  by 
the  terms  of  the  bond.  Each  surety  is  liable  to 
contribution  to  his  co-sureties  in  proportion  to 
the  amount  for  which  lie  is  liable.  Any  corpora- 
tion, such  as  is  mentioned  in  section  nine  huu- 
di'ed  and  fifty-five  of  tliis  Code,  may  become  one 
of  such  sureties,  or  be  accepted  as  sole  and  sxif- 
flcient  surety.     [Approved  Marcli  IG,  1889.] 

§  957.  Every  officer  with  whom  official  bonds 
are  filed  must  carefiUly  Iceep  and  preserve  the 
same,  and  give  certified  copies  thereof  to  any 
person  demanding  the  same,  upon  being  paid  the 
same  fees  as  are  allowed  by  law  for  certified  co])- 
ies  of  papers  in  other  cases. 

§  958.  All  official  bonds  must  be  in  form  joint 
and  several,  and  made  payable  to  the  State  of 
California  in  such  penalty  and  with  such  condi- 
tions as  required  by  tliis  Chapter,  or  the  law  cre- 
ating or  regulating  the  duties  of  the  office. 

Basis  of  section— modification  of  Stats.  1850,  p. 
74. 

In  form  joint  and  several:  See  sec.  955.  ante. 
upon  the  distinction  between  joint  and  joi'nt  and 
several  bonds,  where  the  omission  of  the  principal 
to  sign  is  raised. 

§  959.  Every  official  bond  executed  by  any  of- 
ficer jiursuant  to  law  is  in  force  and  obligatory 
upon  the  principal  and  sureties  therein  for  any 
and  all  breaches  of  the  conditions  thereof  com- 
mitted during  the  time  such  officer  continues  to 
discharge  any  of  the  duties  of  or  hold  the  office, 
and  whether  such  breaches  are  committed  or  suf- 
fered by  the  principal  officer,  his  deputy,  or  clerk. 

Basis  of  section:  Stats.  1850,  p.  75. 

§  960.  Every  such  bond  is  in  force  and  obliga- 
tory upon  the  principal  and  sureties  therein  for 


§§  901-964  Bonds  of  Officers.  188 

the  faithful  discharge  of  all  duties  whicli  may  be 
required  of  such  officer  by  auy  law  enacted  sub- 
sequently to  the  execution  of  such  bond,  and 
such  condition  must  be  expressed  therein. 

Basis  of  section:  Stats.  1850,  p.  75,  sec.  8. 

Condition  of  official  bond — to  provide  for  addi- 
tional duties:  See.  954. 

§  961.  Every  official  bond  executed  by  any 
officer  pursuant  to  law  is  in  force  and  obligatory 
upon  the  principal  and  sureties  therein  to  and  for 
tlie  State  of  California,  and  to  and  for  the  use 
and  benefit  of  all  persons  who  may  be  injured  or 
aggrieved  by  the  wrongful  act  or  default  of  such 
officer  in  his  official  capacity;  and  any  person  so 
injured  or  aggrieved  may  bring  suit  on  such  bond, 
in  his  own  name,  without  an  assignment  thereof. 

Basis  of  section:  Stats.  1830,  p.  75,  sec.  9. 

§  962.  No  such  bond  is  void  on  the  first  recov- 
ery of  a  judgment  tliereon;  but  suit  may  be  after- 
Avards  brought,  from  time  to  time,  and  judgment 
recovered  tliereon  by  the  State  of  California,  or 
by  any  person  to  Avliom  a  right  of  action  has  ac- 
crued against  such  officer  and  Ids  siu*eties,  iintil 
tlie  whole  penalty  of  the  bond  is  exhaiisted. 

Basis  of  section:  Stats.   1850,  p.  75. 

Compare,  as  to  bond  of  executor  or  administra- 
tor: Code  Civ.   Proc,   sees.  1387  et  seq. 

§  963.  AVhenever  an  official  bond  does  not  con- 
tain tlie  substantial  matter  or  conditions  requir- 
ed l)y  law,  or  there  are  any  defects  in  the  ap- 
proval or  filing  tliereof,  it  is  not  void  so  as  to 
discharge  sucli  officer  and  his  sureties;  but  they 
are  equital)ly  l)ound  to  tlie  State  or  party  inter- 
ested; and  tlie  State  or  such  party  may,  by  action 
in  auy  Court  of  competent  jurisdiction,  suggest 
tlie  defect  in  the  bond,  approval,  or  filing,  and  re- 
cover the  proper  and  equitable  demand  or  dam- 
ages from  such  officer  and  the  persons  who  in- 
tended to  become  and  were  included  as  sureties 
in  sucli  bond. 

Basis  of  section:  Stats.  1850,  p.  75,  sec.  11. 

§  964.  Whenever  it  is  shown  by  the  affidavit 
of  a  credible  witness,  or  otherwise  comes  to  the 


189  Bonds  of  Officers.  §§  965-967 

knowledge  of  the  judge,  court,  board,  officer,  or 
other  person  whose  duty  it  is  to  approve  the  offi- 
cial bond  of  any  officer,  tliat  the  sureties  or  any 
one  of  them  have,  since  such  bond  was  approved, 
died,  removed  from  the  State,  become  insolvent, 
or  from  any  other  caiise  have  become  incompe- 
tent or  insufficient  sureties  on  such  bond,  the 
judge,  court,  board,  officer,  or  other  person  may 
issue  a  citation  to  such  officer,  requiring  him,  on 
a  day  therein  named,  not  less  than  three  nor 
more  than  ten  days  after  date,  to  appear  and 
show  cause  why  sucli  office  should  not  be  vacat- 
ed, which  citation  must  be  served  and  return 
thereof  made  as  in  other  cases.  If  the 
officer  fails  to  appear  and  show  good  cause  why 
such  office  should  not  be  vacated,  on  the  day 
named,  or  fails  to  give  ample  additional  se- 
curity, the  judge,  court,  board,  officer,  or  otli- 
er  person  must  make  an  order  vacating  the  office, 
and  the  same  must  be  filled  as  provided  by  law. 

Basis  of  section:  Stats.  1853,  p.  223. 

Discharge  of  sureties:  See  sec.  970, ' 

§  965.  The  additional  bond  must  be  in  sucli 
penalty  as  directed  by  the  court,  judge,  board, 
officer,  or  otlier  person,  and  in  all  other  respects 
similar  to  tiie  original  bond,  and  approved  by 
and  filed  witli  the  same  officer  as  required  in 
case  of  the  approval  and  filing  of  the  original  bond. 
Every  such  additional  bond  so  filed  and  approved 
is  of  like  force  and  obligation  upon  the  princi- 
pal and  sureties  therein,  from  the  time  of  its  exe- 
cution, and  subjects  the  otticer  and  his  siu-eties 
to  the  same  liabilities,  suits,  and  actions  as  ai*e 
prescribed  respecting  the  original  bonds  of  offi- 
cers. 

Basis  of  section:  Stats.  1850,  p.  74,  sec.  18. 

§  966.  In  no  case  is  the  original  bond  dis- 
charged or  affected  when  an  additional  bond  has 
been  given,  but  the  same  remains  of  like  force 
and  obligation  as  if  sucli  additional  bond  had  not 
been  given. 

§  967.  The  officer  and  liis  sureties  are  liable 
to  any  party  injured  by  tlie  breacli  of  any  condi- 
tion  of  an   official   bond,   after   the   execution   of 


§§  968-971  Bonds  of  Officers.  190 

the  additional  bond,  upon  eitlier  or  both  bonds, 
and  such  party  may  bring  his  action  uix)u  either 
bond,  or  he  may  bring  separate  actions  on  the 
bonds  respectively,  and  lie  may  allege  the  same 
cause  of  action,  and  recover  judgment  therefor  in 
each  suit. 

§  968.  If  separate  judgments  are  recovered  on 
the  bonds  by  such  party  for  the  same  cause  of 
action,  he  is  entitled  to  have  execution  issued  on 
such  judgments  respectively;  but  he  must  only 
collect,  by  execution  or  otherwise,  the  amount  ac- 
tually adjudged  to  him  on  the  same  causes  of  ac- 
tion in  one  of  the  suits,  together  with  the  costs 
of  both  suits. 

§  969.  "Whenever  the  sureties  on  either  bond 
have  been  compelled  to  pay  any  sum  of  money  on 
account  of  the  principal  obligor  therein,  they  ai-e 
entitled  to  recover,  in  any  court  of  competent  jur- 
isdiction, of  the  sureties  on  the  remaming  bond  a 
distributive  part  of  the  siim  thus  paid,  in  the  pro- 
portion wliich  the  penalties  of  such  bonds  bear 
one  to  the  other,  and  to  the  sums  thus  paid,  re- 
spectively. 

§  970.  Whenever  any  sureties  on  the  official 
bond  of  any  officer  wish  to  be  discharged  from 
their  liability,  they  and  such  officer  may  procure 
the  same  to  be  done,  if  such  officer  will  execute 
a  new  bond  with  sufficient  sureties  in  like  form, 
penalty,  and  conditions,  and  to  be  approved  and 
filed  as  tlie  original  bond.  Upon  the  filing  and 
approval  of  the  new  bond,  sucli  first  sureties  are 
exonerated  from  all  further  liability;  but  their 
bond  remains  in  full  force  as  to  all  liabilities  in- 
curred previous  to  the  approval  of  such  new  bond. 
The  liability  of  the  sureties  in  sucli  new  bond  is 
in  all  respects  the  same  and  may  be  enfoi'ced  in 
lil\e  manner  as  the  liability  of  the  sureties  in  the 
original  bond. 

Discharge  of  sureties:  Sec.  964. 

Release  of  sureties:  See  sec.  972. 

§  971.  Any  person  appointed  to  fill  a  vacancy, 
before  entering  upon  the  duties  of  the  office  must 
give  a  bond  corresponding  in  substance  and  form 


191  Bonds  of   Officers.  §§  972-070 

with  the  bond   required   ol"  the  officer  orijiinally 
elected  or  appointed,  as  liereinbefore  provided. 

Vacancies,  and  mode  of  supplying  tliem:  Sees. 
055-1004.  |;j 

§  972.  Any  surety  on  the  official  bond  of  a  city, 
town,  county,  or  State  officer,  may  be  relieved  from 
liabilities  thereon  afterward  accruing-  by  coui- 
l)lying  with  the  provisions  of  the  three  sections 
following. 

§  973.  Such  surety  must  file  with  the  judge, 
court,  board,  offieei',  or  other  person  authorized 
by  law  to  approve  such  official  bond,  a  statement, 
in  writing,  setting  forth  the  desire  of  the  surety 
to  be  relieved  from  all  lialiilities  thereon  after- 
wards arising,  and  the  reasons  therefor;  which 
statement  must  be  subscribed  and  verified  by  tlie 
affidavit  of  the  party  filing  the  same. 

§  974.  A  copy  of  the  statement  must  be  serv- 
ed on  the  officer  named  in  such  official  bond,  and 
due  return  or  affidavit  of  service  made  thereon  as 
in  other  cases. 

§  975.  In  ten  days  after  tlie  service  of  such 
notice,  tlie  judge,  court,  board,  officer  or  other 
person  with  whom  the  same  is  filed,  must  make 
an  order  declaring  such  ofiice  vacant,  and  releas- 
ing such  surety  from  all  liability  thereafter  to 
arise  on  such  official  bond,  and  such  office  there- 
after is  in  law  vacant,  and  must  be  immediately 
filled  by  election  or  appointment,  as  provided  for 
l)y  law"  as  in  other  eases  of  vacancy  of  such  of- 
fice, unless  such  officer  has  before  that  time  giv- 
en good  and  ample  siu'ety  for  the  dischai'ge  of 
all  Ills  official  duties  as  required  originally. 

§  976.  Whenever,  from  any  cause,  a  surety  on 
the  official  bond  of  any  officer  elected  or  appoint- 
ed imder  the  laws  of  "this  State  withdraws  from 
his  bond  or  becomes  insolvent,  or  from  other 
cause  becomes  incompetent  to  remain  as  surety 
thereon,  such  officer  may  tile  a  supplemental 
bond,  executed  and  approved  in  the  same  manner 
as  the  original  bond,  for  the  amount  for  which 
file  surety  so  withdrawing  or  incompetent  was 
hiiund  by  the  original  bond. 


§§  977-980  Bonds  of  Officers.  192 

§  977.  The  release,  discharge,  voluntary  with- 
drawal, or  incompetency  of  a  surety  on  any  offi- 
cial bond,  does  not  affect  the  bond  as  to  the  re- 
maining sureties  thereon,  or  alter  or  change  their 
liability  in  any  respect. 

§  978.  Whenever  a  surety  on  any  official  bond 
gives  notice  of  intention  to  withdraw  therefrom, 
or  is  removed,  or  becomes  otherwise  incompetent, 
tlie  principal  on  the  bond  must,  within  ten  days 
after  such  notice  or  disqualification,  execute  and 
file,  subject  to  the  same  conditions  as  the  origi- 
nal, a  supplemental  bond,  wherein  must  be  re- 
cited the  names  of  the  remaining  original  sure- 
ties, and  the  name  or  names  of  the  new  surety  or 
sureties,  and  the  respective  amounts  for  which 
he  or  tliey  become  bound,  who  are  substituted  in 
lieu  of  the  surety  or  sureties  released  or  disquali- 
fied. 

§  979.  Whenever  the  original  bond  is  given  for 
an  amount  in  excess  of  the  sum  required  by  law. 
if  the  withdrawal  or  removal  of  any  suretj'  does 
not  reduce  the  bond  below  the  amount  required 
by  law  to  be  secured  by  sureties,  then  no  supple- 
mental or  additional  bond  is  required  or  neces- 
sary; and  whenever  any  supplemental  bond  is  so 
filed  and  approved,  the  officer  with  whom  the 
bond  is  filed,  or  in  whose  office  the  same  is  re- 
corded, must  give  ten  days'  notice — by  publica- 
tion in  some  paper  published  in  the  county,  or  if 
there  is  no  paper  in  the  county,  then  in  the  coun- 
ty nearest  tliereto  in  whicli  a  newspaper  is  pub- 
lished, and  in  case  of  the  bond  of  a  State  officer, 
in  some  paper  at  the  City  of  Sacramento— of  the 
fact  of  the  filinar  of  tlie  bond  and  the  name  of 
the  i)arty  withdrawing  from  the  former  and  the 
substitute  on  the  new  bond;  and  until  the  filing 
and  approval  of  the  supplemental  bond  the  sure- 
ties on  the  former  bond  are  liable  for  all  the  acts 
of  their  principal. 

§  980.  No  surety  must  be  released  from  dam- 
ages or  liabilities  for  acts,  omissions,  or  causes 
existing,  or  which  arose  before  the  malting  of  the 
order  mentioned  in  section  975,  but  sucli  legal 
proceedings  may  be  had  therefor  in  all  respects 
as  though  no  such  order  had  been  made. 


193  Bonds  of  Officers.  §§  981-983 

§  981.  The  provisions  of  this  article  apply  to 
the  bonds  of  receivers,  executors,  administrators, 
and  guardians. 

Bonds  of  receivers:  Sec.  982,  and  Code  Civ. 
Proc,  sees.  50G,  567. 

Bonds  of  executors  and  administrators:  Code 
Civ.  Proc,  sees.  1387-1407. 

Bonds  of  guardians:  Code  Civ.  Proc,  sees.  1754, 
175(;,  1758,  1788,  1803-180.".,  1807,  1809. 

§  982.  All  bonds  or  undertakings  given  by 
trustees,  receivers,  assignees,  or  officers  of  a 
court  in  an  action  or  proceeding  for  tlie  faitliful 
discliarge  of  their  diities,  where  it  is  not  otlier- 
wise  provided,  must  be  in  the  name  of,  and  paya- 
ble to,  the  State  of  California:  and  upon  tlie  or- 
der of  the  court  where  sucir  action  or  proceeding 
is  pending,  may  be  prosecuted  for  tlie  benefit  of 
any  and  all  persons  interested  therein. 

The  state  the  payee:  See  sec  958,  ante. 

§  983.  When  an  action  is  commenced  in  any 
court  in  this  State  for  tlie  benefit  of  the  State,  to 
enforce  the  penalty  of,  or  to  recover  money  iipon 
an  official  bond  or  obligation,  or  any  bond  or  obli- 
gation executed  in  favor  of  the  State  of  Califor- 
nia, or  of  the  people  of  this  State,  the  attorney  or 
other  person  prosecuting  the  action  may  file  with 
the  court  in  which  the  action  is  commenced  an 
affidavit,  stating  eitlier  positively  or  on  informa- 
tion and  l)clief,  that  such  bond  or  obligation  was 
executed  by  the  defendant,  or  one  or  more  of 
the  defendants  (designating  whom),  and  made 
payal)le  to  the  people  of  tlie  State,  or  to  the  State 
of  California,  and  that  tlie  defendant  or  defend- 
ants have  real  estate  or  interest  in  lands  (desig- 
nating the  county  or  counties  in  wliicli  the  same 
is  situated),  and  that  the  action  is  prosecuted  for 
the  benefit  of  the  State;  and  thereupon  the  Clerk 
receiving  such  affidavit  must  certify  to  the  re- 
corder of  the  county  in  whicli  such  real  estate  is 
situated  tlie  names  of  tlie  parties  to  the  action, 
the  name  of  the  court  in  which  the  action  is  pend- 
ing, and  the  amount  claimed  in  tlie  complaint, 
with  the  date  of  the  commencement  of  the  suit. 

Lis  pendens:  Code  Civ.  Proc,  sees.  409,  755. 
Pol.  Code— 17. 


§§  9S4-987  Bonds  of  Officers.  194 

§  984.  Uyou  reoeiviua:  such  certificate,  the 
County  Recorder  must  indorse  upon  it  the  time  of 
Its  reception,  and  such  eertiticate  must  be  tiled 
and  recordeil  iu  the  same  manner  as  notices  of 
the  pendency  of  an  action  afifecting  real  estate: 
and  any  judgment  recovered  in  such  action  is  a 
lien  u^Kin  all  real  estate  situated  in  any  county  in 
which  such  certitlcate  is  so  fileil.  belonging  to  the 
defendant,  or  to  one  or  more  of  such  defendants, 
for  the  amount  that  the  owner  thereof  is  or  may 
be  liable  upon  the  judgment,  from  the  filing  of 
the  certificate:  and  the  fees  due  the  Clerk  and 
Recorder  for  the  services  required  are  a  charge 
against  the  county  where  the  suit  is  brought,  to 
be  recovered  like  other  costs. 

§  985.  Every  officer  or  body  api)ointing  a  dep- 
uty, clerk,  or  subordinate  officer,  may  require  an 
official  bond  to  be  given  by  the  person  appointed, 
and  may  nx  the  amount  thereof. 

§  986.  The  official  bond  of  the  County  Clerk 
shall,  after  being  recorded,  be  filed  in  the  office 
of  the  County  Treasurer,  and  the  safe-keeping  of 
the  .same  is  hereby  made  the  duty  of  the  County 
Treasurer,  ^^^ew '  section  approved  March  27. 
1S7-1:  Amendments  1873-i.  p.  73.  In  effect  in  six- 
ty days.] 

Bonds  of  other  county  officers:  Sec.  950. 

§  987.  In  any  action  to  compel  the  specific 
performance  of  an  agreement  to  sell  real  estate 
affected  by  the  lien  created  by  the  filing  of  the 
certificate  mentioned  in  section  nine  hundred  and 
eighty-four,  which  said  agreement  shall  have 
be^n  made  prior  to  the  filing  of  such  certificate, 
but  the  purchase  pric-e  under  which  said  agree- 
ment shall  not  have  become  due  until  after  the 
filing  of  said  certificate,  the  Judge  of  the  Supe- 
rior Court  in  which  said  action  for  specific  per- 
formance is  tried,  shall,  if  the  purchaser  is  other- 
wise entitled  to  sr>ecific  performance  of  such 
agreement,  order  the  said  purchaser  to  pay  the 
purchase  price,  or  so  much  thereof  as  may  be 
due.  to  the  State  Treasurer,  taking  his  receipt 
therefor.  Upon  such  payment  the  purchaser  shall 
be  entitled  to  enforcement  of  specific  perform- 
ance of  said  agreement,  and  shall  take  said  real 


Ifio  Kesignationij  and  \'acancies.  |§  995,  990 

estate,  free  from  the  liens  crea,ted  by  the  filing  of 
Kaid  certificate.  The  moneys  fso  paid  to  the  State 
Treasurer  shall  be  held  by  him.  pending  the  liti- 
gation mentione<l  in  said  f-ertifir-ate.  and  subject 
to  the  lien  created  by  the  filing  of  said  certifi- 
cate.   [New  section  approved  March  14,  1885.] 


ARTICLE  X. 

RESIGNATIONS,     VACANCIES     AND     THE     MODE     OF 
SUPPLYING    THEM. 

f    'i^j.    ReEignatioas,    to   whom   made. 

§    9%.    VacancieE,   how   they  occur.      ^ 

S    997.    Notice  of  removal,   by  and  to  whom  gjTen. 

I    &98.    VacancieE   in    Legislature,   how   filled. 

$  S&9.  VacancieE,  how  filled  when  not  otherwise  prorided 
for. 

§  1000.  Va«ancieB  occurring  during  session  of  the  Legisla- 
ture. 

§  lOOL    Vacancies  in  certain   State  offices,  how  filled. 

S  1002.  Vacancies  in  office  of  Harbor  CommisEioner  or  Su- 
perintf-ndent  of  Public  InBtruction,  how  filled. 

f  1003.    Vacancies  in  Board  of  Direetors  of  Insane  Asylum. 

5  1004.    Power  and  duly  of  officers  filling  unexpired  termE. 

I  995.  Resignations  mu.st  be  in  writing,  and 
made  as  followB: 

1.  By  the  Governor  and  Lieutenant  Governor, 
to  the  Legislature,  if  it  is  in  session:  and  if  not. 
then  to  the  Secretary  of  State. 

2.  By  all  officers  c-ommissioned  by  the  Govern- 
or, to  the  Governor. 

3.  By  senators  and  meml:»ers  of  the  Assembly, 
to  the  presiding  officers  of  their  respective 
Houses,  who  must  immediately  transmit  the  same 
to  the  Governor. 

4.  By  all  county  and  to\\-nship  officers  not  com- 
missioned by  the  Governor,  to  the  Clerk  of  th«' 
Board  of  Supervisors  of  their  respective  coun- 
ties. 

5.  By  all  other  appointed  officers,  to  the  body 
or  offic-er  that  aprK)inted  them. 

6.  In  all  eases  not  otber\vi.<e  provided  for.  by 
filing  the  resignation  in  the  office  of  the  Secre- 
tary of  State. 

I  996.  An  office  be^-onies  vacant  on  the  hapi>eu- 
ing  of  either  of  the  following  events  before  the 
exiiiration  of  the  term: 


§  99G  Resignations  and  Vacancies.  196 

1.  The  death  of  the  incumbent. 

2.  His  insanity,  found  upon  a  commission  of 
lunacj'  issued  to  determine  the  fact. 

3.  His  resignation. 

4.  His  removal  from  office. 

5.  His  ceasing  to  be  an  inhabitant  of  the 
State,  or,  if  the  office  be  local,  of  the  district, 
county,  city,  or  township  for  which  he  was  chos- 
en or  appointed,  or  within  which  the  duties  of 
his  office  are  required  to  be  discharged. 

6.  His  absence  from  tlie  State,  without  permis- 
sion of  tlie  Legislature,  beyond  the  period  allow- 
ed by  law. 

7.  His  ceasinsi  to  discharge  the  duties  of  his 
office  for  the  period  of  three  consecutive  months, 
except  when  prevented  by  sickness,  or  when  ab- 
sent from  the  State  by  permission  of  the  Legis- 
lature. 

S.  His  conviction  of  a  felony,  or  of  any  offense 
involving  a  violation  of  his  official  duties. 

9.  His  refusal,  or  neglect  to  file  his  official  oath 
or  bond  within  the  time  prescribed. 

10.  The  decision  of  a  competent  tribunal  de- 
claring void  his  election  or  appointment. 

Stat.  1863. 

Subd.  2.  Insanity — notice  to  officer  empoAvered 
to  fill  vacancy:     Sec.  907. 

Subd.  3.    Resignation:  Sec.  99.5. 

Subd.  4.  See  sec.  997;  Code  Civ.  Proc,  sees. 
802-810;  Penal  Code,  sees.  7.")8-772. 

Subd.  5.    Sees.  52,  8.52-8.5.5. 

Subd.  6.    Absence  from  State:  Sec.  8.53. 

Absence  from  State:  See  Const.  Cal.,  art.  6.  sec. 
9,  in  the  case  of  a  judicial  officer,  and  art.  5,  sec. 

16,  of  same,  in  the  case  of  the  governor. 

Subd.  8.  Conviction  of  felony  or  misdemeanor 
in  office,   impeachment:  Const.   Cal..  art.  4,   sees. 

17,  18;  also  Penal  Code,  sees.  737-7.53:  Court  of. 
Code  Civ.  Proc,  sees.  36-.39.  Removal  of  civil 
officers  otherwise  than  by  impeachment:  Penal 
Code,  sees.  7.58-772.  Notice  to  officer  empowere<l 
to  fill  vacancy:  Sec.  997. 

Subd.  9.  Failure  to  qualif.v — official  oath,  time 
prescribed  for  filing:  Sec.  907.  and  generally,  see 
sees.  904-910.  Bond,  time  prescribed  for  filing, 
See.  947. 

Subd.  10.     Declaration  that  election  or  appoint- 


197  Resignations  and  Vacancies.  §§  997-1001 

nient  void,  notice  to  officer  empowered  to  filf  va- 
cancy: Sec.  997. 
Expiration  of  term:  See  see.  879. 

§  997.  Wlienever  an  officer  is  removed,  de- 
cfared  insane,  or  convicted  of  a  fefony  or  offense 
involving  a  vioiatlou  of  Ills  otticiai  duty,  or  wlien- 
ever Ills  election  or  appointment  is  declared  void, 
the  body.  Judge,  or  officer  before  whom  the  pro- 
ceedings were  had  must  give  notice  thereof  to 
the  officer  empowered  to  fill  the  vacancy. 

§  998.  Whenever  a  vacancy  occurs  in  either 
House  of  the  Legislature,  the  Governor  must  at 
once  issue  a  writ  of  election  to  fill  suck  vacancy. 

Constitutional  foundation  of  section — Const. 
Cal.,  art.  4,  sec.  12. 

§  999.  When  any  office  becomes  vacant,  and 
no  mode  is  provided  by  law  for  filling  such  va- 
vancy,  the  (Governor  must  fill  such  vacancy  by 
granting  a  commission,  to  expire  at  the  end  of  the 
next  session  of  the  I^eglslature  or  at  tlie  next 
election  by  tlie  people. 

Constitutional  basis  of  section:  Const.  Cal.,  art. 
5,  sec.  8. 

Governor's  power  to  fill  vacancies— sec.  ?>80, 
subd.  8. 

Vacancy,  when  none  caused  bv  expiration  of 
term:  Sees.  380,  99«  n. 

i]lections  to  till  vacancies  in  offices:  See  sec. 
1043,  post. 

§  1000.  Vacancies  occurring  in  office  during 
the  recess  of  the  Legislature,  ithe  appointment  to 
which  is  vested  in  tlie  Governor  and  Senate,  or  in 
the  Jiegislature,  must  be  filled  by  appointment 
made  by  the  (governor;  but  the  person  so  ap- 
pointed can  only  hold  the  oHice  until  the  adjourn- 
ment of  tlie  next  session  of  the  Legislature. 

Basis  of  section:  Stats.  1863,  p.  390. 

§  1001.  A  vacancy  in  the  office  of  either  the 
Secretary  of  State,  Controller,  Treasurer,  Attor- 
ney-Cieneral,  Surveyor-CJeiieral,  or  Clerk  of  tlie 
Supreme  Court,  must  be  filled  by  a  person  ap- 
pointed by  the  (Jovernor,  who  shall  hold  his  office 


§§  1002-1015  Delivery  of  Books  and  Papers.      198 

for  the  balance  of  the  unexpired  term.  [Amend- 
ment approved  April  1,  187(J;  Amendments  187.")- 
G,  2.3.    In  effect  sixty  days  after  passage.] 

Controller,  special  election  to  fill  vacancy:  See 
sec.  104.3,  post. 

§  1002.  A  vacancy  in  the  office  of  either  the 
Superintendent  of  Public  Instruction  or  State 
Harbor  Commissioner  must  be  filled  by  a  person 
appointed  by  the  Governor. 

State  Harbor  Commissioner — vacancy  to  be 
filled  by  Governor  for  unexpired  portion  of  term: 
See.  2520. 

§  1003.  ■  Any  person  appointed  to  fill  a  vacancy 
in  the  Board  "of  Directors  of  the  Insane  Asylum 
holds  only  for  the  unexpired  term  of  his  prede- 
• cessor. 

Basis  of  section:  Stats.  1870,  p.  868. 

§  1004.  Any  person  elected  or  appointed  to  fill 
a  vacancy,  after  filing  his  olficial  oath  and  bond, 
possesses"  all  the  rights  and  powers,  and  is  sub- 
ject to  all  the  liabilities,  duties,  and  obligations 
of  the  otficer  whose  vacancy  he  fills. 


ARTICLE    XI. 

PROCEEDINGS  TO  COMPEL  DELIVERY  OF  BOOKS 
AND  PAPERS  BY  OFFICERS  TO  THEIR  SUCCES- 
SORS. 

§  1014.     Possession   of   books  and   papers. 
§  1015.     Proceedings  to  compel  delivery  of. 
§  lOlt).    Attachment  and  warrant  to  enforce. 

§  1014.  I]very  public  officer  is  entitled  to  the 
possession  of  all  books  and  papers  pertaining  to 
his  oftiee.  or  in  the  custody  of  a  former  incum- 
bent, by  virtue  of  his  office. 

Books  and  papers — of  former  incumbent,  in 
case  of  Notary  Public:  Sec.  796. 

§  1015.  If  any  person,  whether  a  former  incum- 
bent or  another  person,  refuse  or  neglect  to  de- 
liver to  the  actual  incumbent,  any  such  books  or 


199  Miscellaneous  rrovlsions.    §§  101 0-1027 

papers,  such  actual  incumbent  may  apply,  by  pe- 
tition, to  any  Court  of  record  sitting  in  the  county 
where  the  person  so  refusing  or  neglecting  re- 
sides, or  to  any  Judge  of  the  Superior  Court 
residing  therein,  and  the  Court  or  otiicer  applied 
to  must  proceed  in  a  summary  way,  after  notice 
to  the  adverse  party,  to  hear  the  allegations  and 
proof  of  the  parties,  and  to  order  any  such  books 
or  papers  to  be  delivered  to  the  petitioners. 
I  Amendment  appi'oved  April  3,  1880;  Amend- 
ments 1880,  p.  20.  In  effect  April  3,  1880.] 
Penalty  for  refusal:  See  Penal  Code,  sees.  76,  77. 

§  1016.  The  execution  of  the  order  and  the  de- 
livery of  the  boolcs  and  papers  may  l>e  enforced 
by  attachment  as  for  a  witness,  and.  also,  at  the 
request  of  the  petitioner,  liy  a  warrant  directed  to 
the  Sheriff  or  a  Constable  of  the  county,  com- 
manding him  to  search  for  such  books  and  pa- 
pers, and  to  take  and  deliver  them  to  the 
petitioner. 

ARTICLE   XII. 

MISCfiiLLANEOUS    PROVISIONS. 

§  102G.  Seals   of   executive   officers. 

S  1027.  Great  Sea!. 

§  1U2S.  Executive     and     judicial     officers     may     administer 

oaths. 

§  1029.  Salaries    of    officers. 

§  1030.  Office   hour.s. 

§  1031.  Signature    of    officers    acting    ex    officio. 

!j  1032.  Records   open  to  public   inspection,   exceptions. 

§  1026.  Except  where  otherwise  specially  pro- 
vided by  law,  the  seals  of  ottice  of  the  various 
exectitive  othcers  are  tliose  in  use  by  such  otticers 
at  the  time  this  Code  takes  effect,  and  each  of 
sucli  otHcers  must  at  once  file  a  description  and 
impression  of  such  seal  in  the  ottice  of  the  Secre- 
tary of  State. 

Seal— defined:  sec.  14;  great,  sec.  1027;  of  In- 
spector of  Gas  AI<>ters,  sec.  578;  of  Notary  Public, 
sec.  794,  subds.  7,  8;  of  Commissioner  of  Deeds, 
sec.  812,  subds.  4,  .'');  of  Fii-e  Department,  sec. 
3340. 

§  1027.  The  rjreat  Seal  of  the  State  is  the  one 
in  use  at  the  time  of  the  adoption  of  this  Code. 


§§  1028-1032    Miscellaneous  Provisions.  200 

<;reat  Seal:  Const.  Cal.,  art.  5,  sec.  13;  sees.  407, 
siibd.  4,  408,  subd.  3,  416,  subd.  2. 

§  1028.  Every  executive  and  judicial  officer 
may  administer  and  certify  oaths. 

Administration  of  oaths:  Sections  179,  259. 
2012,  2093,  2097,  Code  of  Civil  Procedure,  and 
sections  4118,  4103,  of  the  PoUtical  Code,  provide 
what  officers  may  administer  oaths. 

§  1029.  Unless  otherwise  provided  by  law,  the 
salaries  of  officers  must  be  paid  out  of  the  Gen- 
eial  Fund  in  the  State  Treasury,  monthly,  on  the 
last  day  of  each  month. 

§  1030.  Unless  otherwise  provided  by  law, 
every  officer  must  Ivcep  his  office  open  for  the 
transaction  of  liusiness  from  ten  o'cloclv  a.  m.  until 
four  o'clock  p.  m.  each  day,  except  upon  holidays. 

Holidays:  Sees.  10,  11. 

§  1031.  When  an  officer  discharges  ex  officio 
the  duties  of  another  office  than  that  to  which  he 
is  elected  or  appointed,  his  official  signature  and 
attestation  must  be  in  the  name  of  the  office  the 
duties  of  which  he  discharges. 

Basis  of  section:  Stats.  1801,  p.  139. 

§  1032.  The  public  records  and  other  matters 
in  the  office  of  any  officer  are  at  all  times,  during 
office  hours,  open  to  the  inspection  of  any  citizen 
of  this  State.  In  all  actions  for  divorce,  the 
pleadings  and  the  testimony  talvcn  and  filed  in 
said  actions  shall  not  be  by  the  Clerk  with  whom 
the  same  is  filed,  or  the  referee  before  Avhom  the 
testimony  is  taken,  made  public,  nor  shall  tlie 
same  be  allowed  to  be  inspected  by  any  person 
except  the  parties  that  may  be  interested,  or  the 
attorneys  to  the  action,  or  by  an  order  of  the 
Coiu-t  in  which  the  action  is  pending:  a  copy  of 
said  order  must  be  flle<1  "\\  ith  the  Clerlv.  In  cases 
of  attachment,  the  Clerk  of  the  Court  with  whom 
the  complaint  is  filed  shall  not  make  public  the 
fact  of  the  filing  of  sucli  complaint,  or  of  the 
issuing  of  sucli  attachment,  until  after  the  filing 
of  return  of  service  of  attachment.  [Amendment 
npproved  March  :>0:  Amendments  1873-4,  p.  14.  In 
ctf.'ct  .Inly  0,  1874.] 


201 


Of   Elections. 


§  1041 


Public  writings    opeu    to    inspection:  Code    Civ. 
Proc,  sec.  1892. 
Divorce:  Civil  Code.  sees.  82-148. 
Attachment:  Code  Civ.  Proc.,  sees.  537-559. 
Violation  of  section:  Pen.  Code,  sec.  176. 


TITLE  II. 

OF  ELECTIONS. 

Chapter  I.    General   Provisions  relating  to   Elec- 
tions. 
II.    Qualifications  and  Disabilities  of  Elec- 
tors. 

III.  Kegistration  of  Electors. 

IV.  Election  Precincts. 
V.    Boards  of  Election. 

VI.  Opening  and  Closing  the  Polls. 

VII.  Poll  Lists. 

VITI.    Election  Tickets  and  Ballots. 
IX.    Voting  and  Challenges. 

X.    Canvassing  and  Returning  the  Vote. 
XI.    Canvass    of    Returns;  Declaration    of 
Result:  Commissions     and     Certifi- 
cates of  Election. 
XII.    Elections    for  Electors    of    President 
and  Vice-President. 

XIII.  Elections  for  Members  of  Congress. 

XIV.  Primary  Elections. 

CHAPTER  I. 

GENERAL    PROVISIONS    RELATING    TO    ELECTIONS. 

Article  I.  Time   of   Holding   Elections. 

IT.  Election  Proclamations. 

III.  Miscellaneous    Provisions. 

IV.  County,  City  and  County  Boards  of  Election  Com- 

missioner.s. 


vVRTICLE  I. 
TIME    OF    HOLDING    ELECTIONS. 

§  1011.    General   election,   when  to   be   held. 

§  1042.    Judicial   election.     (Repealed.) 

§  1043.     Special   elections,    when   to  be  held. 

§   1041.    There    must  bo    held    tliroughout    th(> 
State,  on -the  first  Tuesday  after  the  first  Monday 


§§  1042-1053  Election  Proclamations.  202 

of  November,  in  the  year  eighteen  hundred  and 
eighty,  and  in  every  second  year  thereafter,  an 
election,  to  be  known  as  the  general  election. 
[Amendment  ai)proved  April  16.  1880;  Amend- 
ments 1880.  p.  77.     In  effect  April  16.  1880.] 

Effect  of  Const.  Cal.  1879  (and  above  section 
as  amd.  1880)  on  time  of  election  of  officers  of 
City  and  County  of  San  Francisco:  See.  10,  art. 
22. 

lurity  of  elections,  act  relating  to:  See  post.  Ap- 
pendix, pp.  961   et  seq. 

§  1042.  Repealed.  [Repealed  April  16,  1880: 
Amendments  1880,  p.  77:  in  effect  April  16,  1880.] 

§  1043.  Special  elections  are  such  as  are  held 
to  supply  vacancies  in  any  office,  and  are  held  at 
such  times  as  may  be  designated  by  the  proper 
Board  or  officer. 

Vacancies,  sees.  906  et  seq. 

Designating  time  of  election:  See  sec.  1053, 
post. 

Act  relating  to  special  elections:  See  post.  Ap- 
pendix, p.  985. 


ARTICLE  II. 

ELECTION  PROCLAMATIONS. 

§  1053.  Election  proclamations  by  the  Governor. 

S  1054.  Governor's  proclamation,  what  to  contain. 

§  1055.  Publication  and  posting  by  Supervisors. 

§  1056.  Election  proclamation  by  Supervisors. 

§  1053.  At  least  thirty  days  before  a  general 
election,  and  whenever  he  orders  a  special  elec- 
tion to  fill  a  vacancy  in  the  office  of  State  Senator 
or  member  of  Assembly,  at  least  ten  days  before 
such  special  election  the  Governor  must  issue  an 
election  proclamation,  under  his  hand  and  the 
Great  Seal  of  the  State,  and  transmit  copies 
thereof  to  the  Boards  of  Supervisors  of  the  coun- 
ties in  which  such  elections  are  to  be  held. 
[Amendment  approA'ed  April  16.  1880;  Amend- 
ments 1880.  p.  77.     In  effect  April  16.  1880.] 

Opening  and  closing  polls:  See  see.  1160.  post. 


2(»3  Election   Proclamations.     §§  1054-105G 

§   1054.    Such  proclamation  must  contain: 

1.  A  statement  of  tlie  time  of  election,  and  of 
the  ottices  to  be  tilled. 

2.  An  offer  of  rewards,  in  the  following  form: 
"And  I  do  hereby  offer  a  reward  of  one  hundred 
dollars  for  the  arrest  and  conviction  of  any  and 
every  person  violating  any  of  the  provisions  of 
Title  IV,  Part  I,  of  tlie  Penal  Code;  such  rewards 
to  be  paid  until  the  total  amount  hereafter  ex- 
pended for  the  purpose  reaches  the  sum  of  ten 
thousand  dollars." 

Provisions  of  Penal  Code:  Sees.  41-G2  on  Crimes 
against  the  elective  franchise. 

§  1055.  The  Board  of  Supervisors,  upon  the 
receipt  of  such  proclamation,  may,  in  case  of  gen- 
eral or  special  elections,  cause  a  copy  of  the  same 
to  be  published  in  some  newspaper  printed  in  the 
county,  if  any,  and  to  be  posted  at  each  place  of 
election  at  least  ten  days  before  the  election:  and 
in  case  of  special  elections  to  fill  a  vacancy  in  the 
ottice  of  State  Senator  or  member  of  Assem- 
bly, the  Board  of  Supervisors,  upon  receipt  of 
such  proclamation,  may,  in  their  discretion,  cause 
a  copy  of  the  same  to  be  published  or  posted  as 
hereinbefore  provided,  except,  that  such  publica- 
tion or  posting  need  not  be  made  for  a  longer 
period  than  Ave  days  before  such  election. 
[Amendment  approved  April  10.  18<S0:  Amend- 
ments 1880,  p.  77.    In  effect  April  16,  1880.] 

§  1056.  Whenever  a  special  election  is  ordered 
by  the  Board  of  Supervisors,  they  must  issue  an 
election  proclamation,  containing  the  statement 
provided  for  in  Subdivision  1,  of  Section  1054, 
and  must  publish  and  post  it  in  the  same  manner 
as  proclamations  issued  by  the  Governor. 

Special  election:  Sees.  1043.  1053. 


§S  10(;0-10(39  Miscellaneous  Provisions.  204 

ARTICLE    III. 

MISCELLANEOUS   PROVISIONS. 

§  106C.  Plurality  to  elect. 

§  1067.  Proceedings  on  a  tie  vote  other  than  for  Governor. 

§  1068.  Same,  on  tie  vote  for  Governor  or  Lieutenant  Gov- 
ernor. 

§  1069.  Electors   privileged   from   arrest,   when. 

§  1070.  Electors   exempt   from   militia   duty,    when. 

§  1071.  No  fees  for  certificate  of  registration. 

8  1072.  Compensation  of  officers  of  election. 

§  1073.  Supervisors  to  have  blanks  prepared. 

§  1066.  The  person  receiving  at  any  election 
tlie  liighest  numbex"  of  votes  for  any  office  to  be 
tilled  at  such  election,  is  elected  thereto. 

riiu-ality  elects:  Const.   Cal.   1879,   art.   20,   sec. 

§  1067.  If  at  any  election,  except  that  for 
Governor  or  Lieuteuant-fTOvernor.  two  or  more 
persons  receive  an  equal  and  the  highest  number 
of  votes,  there  is  no  choice,  and  a  special  election 
to  fill  such  office  must  be  ordered  by  the  proper 
board  or  officer. 

Basis  of  section:  Stats.  1850,  p.  101. 
Special  election:  Sec.  1043. 

§  1068.  In  case  any  two  or  more  persons  have 
an  equal  and  highest  number  of  votes  for  either 
Governor  or  IJeutenant-Goveruor.  the  Legisla- 
ture iQust,  by  joint  vote  of  both  Houses,  choose 
one  of  the  persons  to  fill  sucli  office. 

Constitutional  basis  of  section:  See  Const.  Cal., 
1879,  art.  5,  sec.  4. 

§  1069.  Electors  are  privileged  from  arrest, 
except  for  an  indictable  offense,  during  their  at- 
tendance on  the  election,  and  in  going  to  and 
retui'uiug  from   the   same. 

Constitutional  provision— of  same  character: 
Const.  Cal.  1879,  art.  2,  sec.  2. 

§  1070.  No  elector  is  obliged  to  perform  militia 
duty  on  the  day  of  election,  except  in  time  of 
Avar  or  public  danger. 


l;u5  Election   Commissiouers.  §§  1071-1075 

Basis  of  section:  See  Const.  Cal.,  1879,  art.  2, 
sec.  3. 

§  1071.  No  fees  must  be  cliarged  for  registra- 
tion or  certificates  thereof. 

§  1072.  Each  member  upon  a  Board  of  Elec- 
tion in  any  county,  or  city  or  county,  in  tlie  State, 
and  each  clerli  tliereof,  shall  receive  as  compen- 
sation for  his  services  upon  such  Board,  a  sum 
not  to  exceed  ten  dollars,  which  sum  shall  be  paid 
out  of  the  treasury  of  the  county,  or  city  or 
county,  in  which  such  persons  act.  [Approved 
March  20,  1889.] 

§  1073.  The  necessary  printed  blanks  for  poll 
lists,  tally  lists,  lists  of  voters,  oath,  and  returns, 
together  with  envelopes  in-  which  to  enclose  re- 
turns, must  be  furnished  by  the  Board  of  Super- 
visors to  the  officers  of  each  election  precinct  at 
the  expense  of  the  county. 

ARTICLE    IV. 

COUNTY,   CITY    AND    COUNTY     BOARDS    OF    ELECTION 
COMMISSIONERS. 

New  article    approved    March  28,   1895;   Stats. 
1895,  p.  341. 

?,  1074.  No  section  of  this  number. 

§  1075.  Election    commissioners. 

S  1076.  Powers  of  commissioners. 

§  1077.  Secretary  and  clerks  of  commissioners. 

§  1078.  Secretary  of  commissioners  powers  and  duties. 

§  1079.  Expenditures. 

§  1080.  Effect  of  act  creating  election  commissioners. 

§  1075.  The  Board  of  Supervisors  of  each 
county  is  ex  officio  the  board  of  election  commis- 
sioners in  and  for  the  county,  and  the  common 
council,  or  other  governing  body  of  a  city,  is  ex 
officio  the  board  of  election  commissioners'  in  and 
for  such  city;  provided,  that  in  cities  and  cities 
and  counties  of  this  state  having  one  hundred 
and  fifty  thousand  or  more  inhabitants  the  board 
of  election  commissioners  sliall  consist  of  four 
persons,  citizens  and  electors  of  such  city,  or  city 
and  county,  each  of  whom  must  be  a  freeholder, 
Pol.  Code-18 


§  1075  Election  Commissioners.  20G 

and  have  been  an  actual  resident  of  said  city  and 
county  at  least  five  years  preceding  his  appoint- 
ment, who  shall  be  appointed  by  the  mayor;  pro- 
vided, that  the  respective  executive  committees 
of  the  state  committees  of  either  of  the  political 
parties,  who  may  be  entitled  under  the  provisions 
of  this  act  to  have  members  of  their  party  ap- 
•  pointed  as  members  of  said  board  of  election 
commissioners,  shall  have  the  right,  within  ten 
days  after  such  ai>pointment.  to  file  with  the 
mayor  a  written  protest  against  the  appointment 
of  a.  member  of  said  board  of  election  commis- 
sioners, as  having  been  appointed  as  one  of  affili- 
ation with  said  pai'ty,  on  the  grounds  that  said 
appointee  is  not  a  person  of  well-known  affiliation 
and  standing  with  said  party  from  which  he  has 
been  appointed;  and  the  mayor  thereupon  shall 
make  another  appointment  in  the  place  of  the 
party  against  whom  the  protest  has  been  filed. 
The  members  of  said  commission  shall  be  inel- 
igible to  any  other  office  or  public  employment, 
elective  or  appointive,  during  the  term  for  which 
they  have  been  appointed  and  for  one  year  there- 
after. Two  of  the  persons  so  appointed  shall  be 
selected  from  the  bodj'  of  citizens  and  electors  of 
such  city,  or  city  and  county,  of  known  affiliation 
with  and  belonging  to  the  political  party  or  or- 
ganization which  at  the  last  presidential  election 
held  in  such  city,  or  city  and  county,  polled 
within  said  city,  "or  city  and  county,  the  highest 
number  of  votes  cast  for  the  candidates  of  the 
political  party  for  presidential  electoi-s  at  such 
election;  and  the  two  remaining  members  of  said 
board  shall  be  selected  from  the  body  of  electors 
of  such  city,  or  city  and  county,  of  known  affilia- 
tion with  "and  belonging  to  the  political  party 
which,  at  the  last  presidential  election  held  at 
such  city,  or  city  and  county,  polled  within  such 
city,  or  city  and  county,  the  next  highest  num- 
lier  of  votes,  cast  for  the  candidates  for  presi- 
dential electors  of  a  political  party.  The  mem- 
bers of  said  commission  shall,  every  two  years, 
choose  one  of  their  number  as  chairman;  in  the 
event  of  their  failure  to  select  a  chairman  in  five 
liallots.  the  oldest  of  said  members  in  point  of 
years  shall  be  chairman.  The  person  first  ap- 
pointed as  such  board  of  election  commissioners 
shall  be  appointed  on  the  first  Monday  of  July, 
eiahteen  hundred  and  ninety-five,  and  shall  each 


207  Election  Commissioners.     §§  1076,  1077 

hold  their  office  for  the  term  of  four  years  from 
and  after  the  date  of  their  appointment,  except 
that  of  those  first  appointed,  two  (one  belonging 
to  each  political  party  or  organization  as  afore- 
said), to  be  designated  by  the  mayor,  shall  retire 
at  the  end  of  two  years,  when  their  successor 
shall  be  appointed  by  the  mayor.  Whenever  any 
vacancy  shall  occur  in  the  said  board,  such  va- 
cancy shall  be  filled  by  appointment  as  herein 
prescribed,  and  the  person  so  appointed  to  fill 
such  vacancy  shall  be  selected  in  the  same  manner 
and  from  the  same  political  party  or  organiza- 
tion with  which  his  predecessor  in  office  affiliated 
and  belonged  at  the  time  of  his  appointment 
thereto,  and  shall  hold  office  for  tlie  balance  of 
the  unexpired  term  to  which  he  was  appointed. 
The  salary  of  each  membei:  of  the  board  of  elec- 
tion commissioners  in  and  for  a  city,  or  city  and 
county,  having  one  hundred  thousand  or  more  in- 
habitants, shall  be  seven  hundred  and  fifty  dol- 
lars per  annum,  payable  in  equal  monthly  install- 
ments, out  of  the  treasury  of  such  city,  or  city 
and  county,  in  the  same  manner  as  the  salaries 
of  other  officers  of  such  city,  or  city  and  county, 
are  paid.  [New  section  approved  March  28;  Stats. 
1895,  p.  .341.    In  effect  .July  1.  189.5.] 

This  act  was  declared  unconstitutional  in  the 
case  of  Denman  v.  Brodericlc,  111  Cal.  96. 

§  1076.  The  board  of  election  commissioners, 
as  provided  for  in  this  article,  shall,  within  their 
respective  counties,  cities,  or  cities  and  counties, 
be  invested  with,  and  shall  exercise  all  the  pow- 
ers conferred,  and  shall  discharge  and  perform 
all  the  duties  imposed  by  this  code  or  by  any  law 
of  this  state,  upon  boards  of  supervisors  of  the 
several  coimties,  or  upon  the  common  council  or 
other  governing  body  of  cities,  or  upon  any  other 
board  or  body,  in  respect  to  the  conduct,  control, 
management,  and  supervision  of  elections,  and  all 
mattei's  pei'taining  to  elections  held  within  the 
respective  counties,  cities,  or  cities  and  counties, 
as  the  same  are  now  or  may  be  hereafter  pre- 
scribed by  law.  [New  section  approved  March 
28;  Stats.  189.5,  p.  34.3.    In  effect  .Inly  1,  1895.] 

§  1077.  The  county  clerk  is  ex  officio  clerk  of 
the     board     of     election     commissioners     of     the 


§  1077  Election  Commissioners.  208 

county,  and  tlie  clerk  or  secretary  of  tlie  common 
council  or  otlaer  governing  boclj'  of  a  city  is  ex 
officio  the  clerli  or  secretary  of  tlie  board  of  elec- 
tion commissioners;  provided,  tliat  in  cities,  or 
cities  and  counties,  of  this  state  having  one  hun- 
dred and  lifty  thousand  or  more  inhabitants,  the 
board  of  election  commissioners  shall  appoint  a 
suitable  person,  not  one  of  their  own  number,  to 
act  as  secretary,  at  a  salary  not  to  exceed  two 
hundred  and  fifty  dollars  per  month,  payable  in 
the  same  manner  as  the  salaries  of  the  commis- 
sioners are  paid.  Such  secretary  shall  hold  his 
office  during  the  pleasure  of  the  said  board. 

The  secretary  of  the  board  of  election  commis- 
sioners shall  not,  during  the  term  of  his  ofiice, 
engage  in  any  other  calling  or  trade,  or  profession 
or  employment,  and  shall  be  ineligible  to  be  a 
candidate  or  delegate  to  any  convention  which 
shall  nominate  candidates  for  office,  and  he  shall 
be  ineligible  to  be  voted  for  for  any  office  while 
acting  as  such  secretary;  and  if  these  provisions 
of  the  law  are  not  obeyed,  it  shall  be  the  duty  of 
the  board  of  election  commissioners  forthwith  to 
declare  his  place  vacated,  and  the  vacancy  shall 
be  filled  in  the  same  manner  and  terms  as  pro- 
vided for  in  the  original  appointment. 

Each  member  of  the  board  of  election  commis- 
sioners, and  the  secretary  elected  by  said  board 
of  election  commissioners,  shall,  within  fifteen 
days  after  receiving  notice  of  their  appointment, 
take  the  usual  oath  of  office  before  any  judge  of 
the  superior  court  of  said  county,  or  city  and 
county,  and  said  oaths  of  office  shall  be  filed  with 
the  county  clerk  of  said  city  and  county. 

The  board  of  election  commissioners  shall  have 
the  power  to  appoint  all  deputies,  and  such  clerks 
as  may  be  necessary,  and  to  fix  their  salaries  at 
the  time  of  their  employment.  All  deputies  and 
clerks  thus  appointed  shall  be  equally  divided 
between  the  representatives  of  the  political  par- 
ties that  polled  the  highest  and  the  next  to  the 
highest  number  of  votes  at  the  preceding  presi- 
dential election.  The  salaries  of  all  deputies  and 
clerks  that  may  be  appointed  by  said  board  of 
election  commissioners  shall  be  payable  in  equal 
monthly  installments  out  of  the  treasury  of  said 
city,  or  city  and  county,  in  the  same  manner  as 
the  salai'ies  of  other  officers  of  such  city,  or  city 
and  county,  are  paid. 


209  Electiou  Commissioners.   §§  107S,  107'J 

The  members  of  the  board  of  election  commis- 
sioners, the  secretary  of  the  board  of  election 
commissioners,  all  deputies  and  clerlis  appointed 
by  the  board  of  election  commissioners,  and  all 
election  officers,  shall  have  the  power  to  adminis- 
ter oaths;  and  any  false  oaths  talien  before  them, 
or  either  of  them,  shall  be  deemed  to  be  perjury, 
and  the  person  so  convicted  thereof  shall  be  pun- 
ished according  to  law.  [New  section  approved 
March  28.  Stats.  1895,  p.  343.  In  effect  July  1, 
1895.] 

§  1078.  The  county  clerk  of  each  county,  and 
the  clerlv  or  se(*retary  of  the  common  coimcil  of 
a  city,  shall,  within  their  respective  counties,  or 
cities,  exercise  all  the  powers  conferred,  and 
shall  discharge  and  perform  all  the  duties  im- 
posed by  this  code,  or  by  -any  law  of  this  state, 
upon  such  otllcers  in  respect  to  the  conduct,  man- 
agement, and  supervision  of  elections,  and  mat- 
ters pertaining  to  elections,  held  within  the 
respective  counties,  or  cities,  as  the  same  are  now 
or  may  be  hereafter  prescribed  by  law;  provided, 
that  in  cities,  or  cities  and  counties,  having  one 
hundred  and  fifty  thousand  or  more  inhabitants, 
the  secretary  of  the  board  of  election  commission- 
ers, under  the  direction  of  the  board  of  election 
commissioners,  shall  exercise  all  the  powers  con- 
ferred, and  shall  discharge  and  perform  all  the 
duties  imposed  by  this  code,  or  by  any  law  of  this 
state,  upon  the  county  cleric  or  any  other  officer 
in  such  cities,  or  cities  and  counties,  in  respect  to 
the  conduct  and  supervision  of  matters  relating 
to  elections  held  Avithin  such  cities,  or  cities  and 
counties,  as  the  same  are  now  or  may  be  here- 
after prescribed  bv  law.  [New  section  approved 
JMarch  28.  Stats.  1895,  p.  344.  In  effect  Julv  1, 
1895.1 

§  1079.  Whenever  the  clerk,  secretary,  or  any 
officer  of  a  county,  city,  or  city  and  county,  is 
charged  with  the  performance  of  any  official  duty 
in  I'espect  to  elections  which  involves  the  expend- 
iture of  public  moneys,  such  expenditures  shall 
be  subject  to  the  control  and  supervision  of  the 
board  of  election  commissioners;  and  when  any 
printing  or  other  service  is  to  be  performed,  or 
materials  are  to  be  furnished,  the  amount  of 
which  in  the  aggregate  shall  exceed  the  value  of 


§§  1080-1083  Electors.  210 

five  hundred  dollars,  it  shall  be  the  duty  of  the 
board  of  election  commissioners  to  invite  pro- 
posals for  the  work,  or  the  furnishing  of  the  ma- 
terials, and  to  let  the  contract  for  the  same  to  the 
lowest  responsible  bidder  therefor,  in  the  same 
manner  and  upon  the  same  conditions  as  is  re- 
quired in  the  letting  of  contracts  for  doing  other 
and  similar  worlv.  or  furnishing  other  and  similar 
materials,  for  county,  city,  or  city  and  county 
purposes:  provided,  that  no  such  proposal  or  bid 
shall  be  required  for  the  contract  to  print  ballots, 
if  the  time  within  which  such  ballots  must  be  had 
does  not  reasonably  admit  of  such  proposal  and 
bid.  [New  section  approved  March  28.  Stats. 
1895,  p.  344.     In  effect  July  1,  1895.] 

§  1080.  Nothing  contained  in  this  article  af- 
fects any  of  the  provisions  of  this  code,  or  of  any 
statute  of  this  state,  touching  the  registration 
and  Qualification  of  voters  and  the  method  of 
calling,  holding,  and  conducting  elections,  in 
force  in  any  county,  city,  or  city  and  county;  but 
such  provisions  and  statutes  are  recognized  as 
continuing  in  force,  except  so  far  as  they  are  in- 
consistent with  the  provisions  of  this  article  upon 
the  subject  to  which  this  ax'ticle  relates.  [New 
section  approved  March  28.  Stats.  1895,  p.  345. 
In  effect  July  1,  1895.] 


CHAPTER  II. 

QUALIFICATIONS    AND    DISABILITIES    OF    ELECTORS. 

§  1083.    Qualifications  of  a  voter. 

§  1084.    Persons  not  entitled  to  vote. 

§  1083.  Every  male  citizen  of  the  United 
States,  every  male  person  who  shall  have  ac- 
quired the  right  of  citizenship  under  or  by  virtue 
of  the  treaty  of  Queretaro,  and  every  male  nat- 
uralized citizen  thereof  who  shall  have  become 
such  ninety  days  prior  to  any  election,  of  the  age 
of  twenty-one  years,  who  shall  have  been  a  resi- 
dent of  the  state  one  year  next  preceding  the  elec- 
tion, and  of  the  county  in  which  he  claims  his 
vote  ninety  days,  and  in  the  election  precinct 
thirty  days,  and  whose  name  shall  be  enrolled  on 
the    great    register  of  such    county  fifteen  days 


211  Electors.  §  1084 

prior  to  an  election,  shall  be  a  qualified  elector  at 
any  and  all  elections  held  within  the  county,  city 
and  county,  city,  town,  or  district  within  which 
such  elector  resides.  [Amendment  approved 
March  9,  1893;  Stats.  1893,  p.  124.  In  effect  im- 
mediately.] 

Section  2  of  the  above  amendment  reads: 

Sec.  2.  All  acts  or  parts  of  acts  in  conflict 
herewith  are  hereby  repealed. 

No  property  qualiticatiou  ever  to  be  required  for 
any  person  to  vote:  Const.  Cal.,  art.  1,  sec.  24. 

Citizens — native  and  naturalized:  sec.  51. 

Residence — for  voting  purposes;  rules  for  deter- 
mining place  of:  sec.  1239. 

Great  Register  of  County — name  enrolled  on:  See 
Registration  of  Electors,  sec.  1094-1117. 

Educational  qualification— act  relating  to:  See 
post,  Appendix,  p.  961. 

§  1084.  No  native  of  China,  no  idiot,  insane 
pei'son,  or  person  convicted  of  any  infamous 
crime,  and  no  person  hereafter  convicted  of  the 
embezzlement  or  misappropriation  of  public 
money,  shall  ever  exercise  the  privilege  of  an 
elector.  [Amendment  approved  April  16,  1880: 
Amendments  1880,  p.  78.  In  effect  April  16, 
1880.] 

Constitutional  basis  of  section— as  amd.  1880; 
proviso  in  Const.  Cal.  1879,  art.  2,  sec.  1. 

Native  of  China — provisions  against  Chinese: 
Const.  Cal.  1879,  art.  19. 


§§  1094  Registration  of  Electors.  212 

CHAPTER   III. 

REGISTRATION  OF  ELECTORS. 

§  1094.  Great  Register,  re-registration. 

§  1095.  Names  of  electors  to  be  entered. 

§  1096.  Substance  of  entry. 

§  1097.  Rules  governing  entry. 

§  1098.  Assessor's    roll    of    electors. 

§  1099.  What  enrollment  must  show. 

§  1100.  Duty  of  Clerk  or  Assessor  relative  to  certain  proofs. 

§  1101.  Assessor  must  make  monthly  returns  of  his  en- 
rollment. 

§  1102.  Duty  of  Clerk  upon  receipt  of  the  return. 

§  1103.  Affidavits   must  be  filed  in   Clerk's   office. 

g  1104.  Persons   not  to  be  registered   in   different  counties. 

§  1105.  Cancellation   of  entry. 

§  1106.  When  entry  must  be  canceled. 

§  1107.  Clerk  must  give  certificate  of  registration. 

§  1108.  Persons  refused  registration  may  proceed  by  ac- 
tion. 

§  1109.  Action    to    have   registration   canceled. 

§  1110.  Parties    to    such    actions. 

§  nil.  Same. 

§  1112.  Costs  not  to  be  recovered  against  the  Clerk,  ex- 
cept. 

§  1113.  Clerk    to    make    copy    of    Great    Register. 

§  1114.  Names  arranged  alphabetically  and  numbered'. 

§  1115.  Great   Register   must   be   printed. 

§  1116.  Printed   copies,    how   distributed. 

§  1117.  Certified    copy    primary   evidence. 

§  1094.  A  register,  in  wtiich  sliall  be  entered 
the  names  of  the  qualified  electors  of  each  of  the 
counties  in  the  state,  shall  be  kept  at  the  office  of 
the  county  clerk  of  such  county,  and  in  each  of 
the  cities  and  counties  in  the  state  such  a  register 
shall  be  liept  in  the  office  of  the  person  charged 
with  the  registration  of  voters  in  such  city  and 
county.  There  shall  be  in  each  of  the  counties, 
and  cities  and  counties,  in  the  state  (where  regis- 
tration is  now  required  by  law  to  take  place  pre- 
vious to  each  general  election,  and  in  other  coun- 
ties, or  cities  and  counties,  when  required  by  the 
board  of  supervisors)  a  new  and  complete  regis- 
tration of  the  voters  of  such  counties,  and  cities 
and  counties,  who  are  entitled  thereto,  and  who 
apply  with  the  proper  proof.     Such  registration 


213  Registration  of  Electors.  §  1094 

shall  commence  one  hundred  and  sixty  days  be- 
fore a  general  election,  and  shall  continue  for 
seventy-five  days  thence  next  ensuing,  when  such 
registration  shall  cease;  provided,  that  any  elec- 
tor who  has  registered  and  thereafter  moved  his 
residence  to  another  precinct  in  the  same  county, 
thirty  days  before  an  election,  may  have  his  reg- 
istration transferred  to  such  other  precinct  upon 
his  application,  verified  by  oath,  setting  forth  the 
change  of  residence,  and  containing  the  other 
facts  required  for  original  registration.  Upon  the 
filing  of  such  affidavit  the  county  clerk  must 
write  on  the  register,  opposite  the  name  of  such 
elector,  "canceled  by  transfer  to  ,"  and  re- 
enter in  the  great  register,  with  a  change  of  pre- 
cinct and  address,  the  registration  of  such  elector, 
writing  thereafter  the  words,    "transferred  from 

,"     No  transfer  from  one  precinct  to  another 

shall  be  made  between  a  general  election  and  a 
date  twenty-seven  days  before  such  election.  In 
cities  and  counties  containing  more  than  one  hun- 
dred and  fifty  thousand  inhabitants  every  land- 
lord, or  keeper  of  any  premises  where  "lodgers 
abide  shall  keep  a  list  of  the  names  of  all  lodgers 
occupying  rooms  or  sleeping  apartments  or  beds 
in  the  premises  under  his  control,  commencing 
such  list  on  the  one  hundred  and  fiftieth  day 
previous  to  any  election,  and  such  list  shall  be 
kept  daily  so  as  to  be  ready  for  reference  and 
inspection  by  the  board  of  election  commissioners 
or  a  clerlv  delegated  by  them  for  that  purpose. 
Blank  lists  shall  be  furnished  to  every  landlord 
or  keeper  of  premises  where  lodgers  "abide  and 
sliall  be  collected  daily,  by  order  of  the  election 
commissioners;  such  blanks  shall  be  ruled  in  col- 
umns showing  the  name  of  the  lodger,  the  num- 
ber of  room,  and  the  story  of  the  building,  and  at 
any  time  from  the  beginning  of  registration  to 
the  day  of  election,  shall  be  furnished  to  the 
board  of  election  commissioners  upon  their  re- 
quest therefor.  Any  landlord  or  keeper  of  prem- 
ises where  lodgers  abide,  neglecting  or  refusing 
to  comply  with  the  provisions  of  this  act,  shall  be 
deemed  to  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  the  sum  of  fifty 
dollars:  and  in  the  event  of  nonpayment  of  such 
fine  shall  be  committed  to  the  county  jail  for  a 
term  of  days  at  the  rate  of  one  dollar  per  day 


§§  1095, 1096    Kegistration  of  Electors.  211 

for  each  dollar  of  said  fine.  Any  voter  registered 
iu  premises  in  whicli  the  landlord  or  keeper  ne- 
glects or  refuses  to  comply  with  this  act  shall  be 
cited  to  appear  before  the  election  commissioners 
within  five  (5)  days  in  order  to  verify  his  right 
to  vote.  It  shall  be  considered  as  a  proper  cita- 
tion to  such  voter  if  the  citation  is  addressed  to 
the  name  of  party  registered,  the  number  of  room 
and  place  of  registration;  and  if  the  party  cited 
does  not  appear  m  answer  to  the  citation  at  the 
time  appointed,  his  name  shall  be  stricken  from 
the  register  of  voters.  The  landlord  or  keeper  of 
premises  from  wliich  the  voter  is  registered  shall 
also  be  cited  to  appear  at  the  same  time  and  place 
at  which  the  citation  of  his  alleged  lodger  is  re- 
turnable. [Amendment  approved  March  27,  1895. 
Stats.  1895,  p.  228.    In  effect  in  sixty  days.] 

§  1095.  In  the  Great  Register  the  Clerk  must, 
as  hereinafter  provided,  enter  the  names  of  the 
qualified  electors  of  the  county  whose  names  are 
not  already  thereon. 

Qualified  electors — who  are:  Sec.  1083. 

§  1096.    Such   entry  must  show: 

1.  The  name  at  length. 

2.  Business  or  occupation. 

3.  The  age.  omitting  fractions  of  years. 

4.  The  height. 

5.  The  complexion. 

(J.    The  color  of  eyes. 

7.  The  color  of  hair. 

8.  The  visible  marks  or  scars,  if  any,  and  their 
locality. 

9.  The  country  of  nativity. 

10.  The  place  of  residence  (giving  ward  and 
precinct);  and  in  cities,  and  cities  and  counties  of 
over  ten  thousand  inhabitants,  by  specifying  the 
name  of  the  street,  avenue,  or  other  location  oi 
and  dwelling  of  such  elector,  with  the  number  of 
such  dwelling,  if  the  same  has  a  number,  and  if 
not,  then  with  such  description  of  the  place  that 
it  can  be  readily  ascertained  and  identified.  If 
the  elector  be  not  the  pi'oprietor  or  head  of  the 
house,  then  it  must  show  that  fact,  and  upon 
what  floor  thereof  and  what  room  such  elector 
occupies  in  such  house. 

11.  If  naturalized,  the  time  and  place  of  nat- 
uralization. 


215  Registration  of  Electors.  §  1097 

12.  The  date  of  the  entry  of  each  person;  each 
name  must  be  numbered  in  the  order  of  its  entry. 

13.  The  postoffice  address  at  date  of  entry  of 
each  person. 

14.  The  fact  whether  or  not  the  elector  desir- 
ing to  be  registered  is  able  to  read  the  constitu- 
tion in  the  English  language  and  to  write  hl8 
name,  and  whether  or  not  the  elector  has  any 
physical  disability,  by  reason  of  which  he  cannot 
mark  his  ballot;  and  if  he  cannot  mark  his  ballot 
by  reason  of  physical  disability,  then  the  nature 
of  such  disability  must  be  entered,  and  the  fact 
that  by  reason  thereof  he  cannot  mark  his  ballot. 
[Amendment  approved  March  27,  1895.  Stats. 
1895,  p.  229.     In  effect  in  sixty  days.] 

Section  1096  is  drawn  from  Stats.  1868,  647. 

In  San  Francisco,  additional  matters  to  be  en- 
tered in  Register:  See  section  17  of  Act  as  to  reg- 
istration, etc.,  in  Stats.  1878,  p.  299. 

§  1097.  No  person's  name  must  be  entered  by 
tlie  clerk  unless: 

1.  Upou  a  certificate  of  registration  in  another 
county,  showing  that  such  registration  has  been 
canceled,  and  upon  proof  by  the  affidavit  of  the 
party  that  he  is  an  elector  of  the  county  in  which 
he  seeks  to  be  registered. 

2.  Upon  the  returns  of  the  Assessor  of  the 
couuty. 

3.  If  a  naturalized  citizen,  upon  the  production 
of  his  certificate  of  naturalization,  which  certifi- 
cate must  be  issued  ninety  days  prior  to  the  suc- 
ceeding election,  or  upon  his  own  affidavit  that  it 
is  lost  or  out  of  his  possession,  whicli  affidavit 
must  state  the  place  of  his  nativity  and  the  time 
and  place  of  his  naturalization,  together  with  his 
affidavit  that  he  has  resided  in  the  United  States 
for  five  years,  and  in  this  State  for  one  year  next 
preceding  the  time  of  application,  and  that  he 
would  be  an  elector  of  the  county  at  the  next  suc- 
ceeding election;  provided,  however,  if  such  nat- 
uralized citizen  shall  have  been  previously  regis- 
tered as  a  qualified  elector  in  any  of  the  counties 
or  city  and  counties  of  this  State,  his  name  must 
not  be  entered  by  the  Clerk  unless  he  produces 
a  certificate  of  sucli  registration,  issued  by  the 
party  autliorized  by  law  to  issue  sucli  certificate, 
which  certificate  shall  be  prima  facie  evidence  of 
his  naturalization. 


§§  1098-1101  Registration  of  Electors.  216 

4.  If  born  in  a  foreign  country,  upon  his  affi- 
davit that  he  became  a  citizen  of  the  United 
States  by  virtue  of  the  naturalization  of  his  father 
while  he  was  residing  in  the  United  States  and 
under  the  age  of  twenty-one  years,  and  that  he  is 
or  Avould  be  an  elector  of  the  county  at  the  next 
succeeding  election. 

5.  Upon  the  production  aud  filing  of  a  certified 
copy  of  the  judgment  of  a  Superior  Court  direct- 
ing sucli  entry  to  be  made. 

6.  In  other  cases,  upon  the  affidavit  of  the 
party  that  he  is  or  would  be  an  elector  of  the 
county  at  the  next  succeeding  election. 

7.  In  every  case  the  affidavit  of  the  party  must 
show  all  the  facts  required  to  be  stated  in  tht 
entry  on  the  register,  except  the  date  and  number 
of  the  entry.  [Amendment  approved  March  13, 
1883.    Stats.   1883,   p.   284.] 

Subdivision  1.  Registration  in  another  county — 
must  be  canceled:  Sec.  1104. 

Elector  of  the  county— qualifications  of  electors: 
Sec.  1083,  and  notes.  Affidavit,  subd.  7  of  this 
section. 

Subdivision  2.  Returns  of  Assessor:  See  sees. 
1098-1103. 

§  1098.  The  Assessor  of  each  county  must 
keep  a  roll  of  electors,  on  which,  and  upon  like 
proof  as  is  required  for  entry  upon  the  Great 
Register,  he  must  enroll  the  name  of  any  elector 
of  the  county  making  application  to  him  for  that 
purpose. 

Proof  required  for  entry— upon  the  Great  Reg- 
ister: See  sec.  1097. 

§  1099.  Such  enrollment  must  show  the  same 
facts  as  are  required  to  be  shown  by  the  entry 
upon  the  Great  Register. 

Entry  upon  Great  Register— facts  to  be  shown 
by:     See  sec.  1096. 

§  1100.  The  Clerk  or  Assessor  must,  upon 
every  certificate  of  naturalization  presented  to 
him  'as  evidence  of  citizenship,  indorse  and  sub- 
scribe a  statement  of  the  time  of  presentation  aud 
of  his  action  thereon. 

§  1101.  At  the  end  of  every  month  the  Asses- 
sor must  return  to  the  County  Clerk  a  certified 
copy  of  all  entries  made  upon  his  roll  of  electors 


217  Registratiou  of  Electors.  §§  1102-1106 

duriug  such   month,   and  all  atRdavits  made  for 
the  purpose  of  procuring  such  enrollment. 

§  1102.  Upon  the  receipt  of  such  return,  the 
Clerli  must  at  once  enter  upon  the  Great  Register 
the  names  contained  and  the  statements  made  in 
such  return. 

§  1103.  The  Clerk  must  file  and  preserve  all 
affidavits  returned  to  him  by  the  Assessor,  or 
used  before  him  for  the  purpose  of  obtaining  reg- 
istration. 

§  1104.  No  person  must  cause  himself  to  be 
registered  or  enrolled  in  one  county  when  his  reg- 
istration in  another  remains  uncanceled. 

Punishment  for  fraudulent  registration:  Penal 
Code,  see.  42. 

§  1105.  There  must  be  left  opposite  each 
name  in  the  Great  Register  a  blank  for  cancella- 
tion. Cancellation  is  made  by  writing  in  such 
blank  the  word  "Canceled,"  and  a  statement  of 
the  reasons  therefor. 

When  entry  canceled:  Sec.  1106. 

§  1106.  The  Clerk  must  cancel  the  entry  in 
the  following  cases: 

1.  At  the  request  of  the  party  registered. 

2.  When  he  knows  of  the  death  or  removal  of 
the  person  registered. 

3.  When  the  insanity  of  the  person  registered 
is  legally   establislied. 

4.  Upon  the  production  of  a  certified  copy  of  a 
judgment  of  the  conviction  of  any  elector  of  any 
infamous  crime,  or  of  the  embezzlement  or  mis- 
appropriation of  any  public  money,  in  full  force 
against  the  person  I'egistered,  or  upon  informa- 
tion of  such  conviction  obtained  as  hereinafter 
provided. 

5.  Upon  the  production  of  a  certified  copy  of  a 
judgment  directing  the  cancellation  to  be  made. 

6.  Upon  a  certificate  of  the  P>oard  of  Election 
of  any  precinct,  sent  up  with  the  election  returns, 
stating  the  death  or  removal,  within  their  own 
knowledge,  of  the  person  registered. 

7.  When  it  appears  by  the  returns  made  by  the 
I»ol.  Code— 19. 


§§  1107,  1108  Registration  of  Electors.  218 

Board  aud  Clerics  of  Election  that  the  respective 
party  did  not  vote  during  the  next  preceding  two 
years  at  any  general  or  special  election. 

8.  The  Clerli  shall  cancel  upon  the  Great  Reg- 
ister every  name  found  thereon  which  is  found 
upon  the  register  of  deaths,  provided  for  in  sec- 
tion three  thousand  and  seventy-nine  of  this 
Code. 

9.  Every  Judge  before  whom  proceedings  were 
had  which  result  in  any  male  person  being  de- 
clared incapable  of  taking  care  of  himself  and 
managing  his  property,  and  for  whom  a  guardian 
of  his  person  and  estate  is  accordingly  appointed, 
or  which  result  in  such  person  being  committed 
to  a  State  Insane  Asylum  as  an  insane  person, 
shall  file  with  the  County  Clerk  a  certificate  of 
that  fact,  and  thereupon  the  Clerk  shall  cancel 
the  name  of  such  person  upon  the  Great  Register, 
if  found  thereon. 

10.  The  County  Clerk  shall  also,  in  the  first 
week  of  September,  in  each  year,  examine  the 
records  of  the  Courts  having  jurisdiction  in  cases 
of  infamous  crimes,  and  the  embezzlement  or 
misappropriation  of  public  money  within  his 
county,  and  cancel  upon  the  Great  Register  the 
names  of  all  persons  appearing  thereon  who  shall 
have  been  convicted  of  an  infamous  crime,  or 
of  the  embezzlement  or  misappropriation  of  pub- 
lic money  in  such  Court,  and  which  conviction 
shall  have  been  carried  into  effect.  [Amendment 
approved  April  16,  1880;  Amendments  1880,  p.  78. 
In  effect  April  16,  1880.] 

Amendment  1874— added  last  four  subdivisions, 
and  amdt.  1880  introduced  clauses  as  to  embez- 
zlement.    Other  changes  by  both  amdts. 

Subdivision  9.  Guardian  and  ward:  Civil  Code, 
sees.  236-258;  Code  Civ.  Proc,  sees.  1747-1809. 

Committed  to  Insane  Asylum:  Civil  Code,  sec, 
258.  Guardians  of  insane  and  incompetent  per- 
sons: Code  Civ.  Proc,  sees.  17G3-17G6. 

§  1107.  Upon  the  application  of  the  party,  in 
person  or  in  writing,  the  Clerk  must  give  him  or 
his  agent  a  certified  copy  of  the  entries  upon  the 
Great  Register  relating  to  such  party. 

§  1108.  If  the  Clerk  refuses  to  enter  the  namt 
of  any  qualified  elector  of  the  county  upon  the 


219  Registratiou  of  Electors.  §§  1109-1112 

Great  Register,  such  elector  may  proceed  by  ac- 
tion in  the  Superior  Court  to  compel  such  entry. 
[Amendment  approved  April  3,  1880;  Amendments 
1880,  p.  20.  In  effect  April  3,  1880;  re-enacted 
April  16,  1880:  Amendments  1880,  p.  79.  In  effect 
immediately.] 
Rules  governing  entry:  Sec.  1097. 

§  1109.  Any  person  may  proceed  by  action  in 
the  Superior  Court  to  compel  the  Clerk  to  cancel 
any  entry  made  on  the  Great  Register  illegally, 
or  that  ought  to  be  canceled  by  reason  of  facts 
that  have  occurred  subsequent  to  the  time  of  such 
enti'y;  but  if  the  person  whose  name  is  sought  to 
be  canceled  be  not  a  party  to  the  action,  the 
Court  may  order  him  to  be  made  a  party  defend- 
ant. [Amendment  approved  April  3,  1880; 
Amendments  1880,  p.  20.  In  effect  April  3,  1880; 
re-enacted  April  IG,  1880;  Amendments  1880,  p. 
79.    In  effect  immediately.] 

Changes  in  section— Last  clause  added  by  amdt. 
1874.  Superior  substituted  for  District  Court  by 
amdt.  1880. 

When  entry  must  be  canceled:  Sec.  1106. 

Parties  to  civil  actions:  Code  Civ.  Proc,  sec«. 
367-389. 

§  1110.  In  an  action  under  the  authoritj'^  of 
Section  1108,  as  many  persons  may  join  as  plain- 
tiffs as  have  causes  of  action. 

Joinder  of  plaintiffs— generally:  Code  Civ.  Proc, 
sec.  378. 

Uniting  causes  of  action — generally:  Code  Civ. 
Proc,  sec.  427. 

§  1111.  In  an  action  under  the  authority  of 
section  1109,  the  Clerk  and  as  many  person's  as 
there  are  causes  of  action  against  may  be  joined 
as  defendants. 

Joining  all  parties  interested — as  defendants,  in 
general:  Code  Civ.  Proc,  sees.  379,  382, 

§  1112.  Costs  cannot  be  recovered  against  the 
Clerk  in  any  action  under  the  authority  of  this 
chapter,  unless  it  is  alleged  in  the  complaint,  and 
established  on  the  trial,  that  the  Clerk  knovpinglj 
and  willfully  violated  a  plain  duty. 

Costs— generallv:  Code  Civ.  Proc,  sees.  1021- 
1039. 


§§  1113-1115  Registration  of  Electors.  22(i 

§  1113.  The  County  Clerli,  or  the  person 
charged  with  the  registration  of  voters  in  any 
county  or  city  and  county,  must  arrange  all  regv 
istration  affidavits  in  precinct  packages  as  fast  as 
received.  At  the  close  of  registration,  in  counties 
where  a  new  registration  has  been  ordered,  the 
County  Clerk,  or  person  charged  with  the  regis- 
tration of  voters  in  any  city  or  county,  or  city 
and  county,  must  arrange  alphabetically,  accord- 
ing to  surnames,  the  previously  separated  pack- 
ages of  all  the  registration  affidavits  of  his 
county,  or  city,  or  city  and  county,  and  enter  the 
substance  thereof,  so  arranged,  in  separate  pre- 
cinct books;  such  entries  to  be  completed  at 
least  seventy-two  (72)  days  before  a  general  elec- 
tion. Such  precinct  books  shall  at  all  times  be 
open  to  public  inspection.  [Amendment  approved 
March  27,  1895.  Stats.  1S95,  p.  230.  In  effect  in 
sixty  days.] 

Napa  County— copies  dispensed  with:  Stats. 
1874,  p.  515. 

Special  elections— registers  for:  See  Act  in 
Stats.  1878,  p.  73. 

§  1114.  In  counties  in  which  a  new  registra- 
tion shall  not  have  been  ordered  in  any  even- 
numbered  year,  the  County  Clerk,  or  person 
charged  with  the  registration  of  voters  in  any 
county,  or  city  and  county,  shall  keep  a  book,  to 
be  Ivnown  as  the  supplementary  register,  in  which 
shall  be  entered,  under  the  appropriate  precinct 
heading,  all  changes  made  since  the  last  printed 
register,  including,  under  the  head  "Additions." 
all  new  registrations,  and  all  transfers  to  a  pre- 
cinct from  another  precinct;  and  under  the  head 
"Cancellations,"  all  names  stricken  fi-om  the  reg- 
ister by  reason  of  death,  removal  from  the  county, 
removal  from  the  precinct  of  original  registration, 
adjudication  that  the  elector  is  insane,  or  legally 
incapable,  or  has  been  convicted  of  an  infamous 
crime,  or  embezzlement  or  misappropriation  of 
public  money,  or  by  reason  of  a  judgment  direct- 
ing cancellation,  or  at  the  request  of  the  party 
registered.  [Amendment  approved  March  27. 
18'95.    Stats.  1895,  p.  230.    In  effect  in  sixty  days.] 

§  1115.  Twenty-six  days  before  a  general  elec- 
tion,  in  counties  where  a  new  registration  shall 


'.'■'21  Registnitiou   ot   Electors.  §  1115 

have  been  ordered,  the  County  Clerk,  or  person 
charged  with  the  registration  of  voters,  shall  fur- 
nish to  the  printer  with  whom  a  contract  for  the 
printing  of  the  register  shall  have  been  made,  the 
precinct  books  provided  for  in  section  eleven 
hundred  and  thirteen  of  the  Political  Code.  Such 
precinct  book  shall,  at  the  time  of  delivery  to  the 
printer,  show  all  transfers,  and  have  stricken 
therefrom  all  cancellations  since  the  close  of  reg- 
istration. The  registers  must  be  printed  and  de- 
livered, together  with  the  precinct  books  used  as 
copy,  at  least  ten  days  before  the  election.  Such 
registers  shall  be  printed  in  the  form  prescribed 
by  the  board  of  supervisors  or  election  commis- 
sioners, either  in  separate  precinct  books  or  in 
books  containing  all  the  precincts,  in  which  last 
case  the  precincts  in  such  books  shall  be  alpha- 
betically and  numerically  arranged,  and  the 
names  placed  therein  alphabetically  under  their 
appropriate  precinct  headings.  In  counties  where 
a  new  registration  shall  not  have  been  had  in  any 
even-numbered  year,  there  shall  be  printed,  within 
the  time  prescribed  in  this  section  for  printing 
the  registers,  a  supplemental  register,  containing 
all  additions,  changes,  and  cancellations,  alplia- 
betically  arranged  under  their  appropriate  pre- 
cinct headings,  since  the  last  printed  register,  as 
shown  by  the  supplemental  register  provided  for 
in  section  eleven  hundred  and  fourteen  of  the  Po- 
litical Code.  There  shall  be  but  one  edition  of  a 
supplemental  register  used  in  connection  with  the 
printed  register  at  any  general  election,  and  such 
edition  shall  show  all  additions,  changes,  and 
cancellations  made  since  the  last  printed  register, 
although  a  part  of  such  additions,  changes,  and 
cancellations  may  have  appeared  in  a  former 
printed  supplemental  register.  The  county  clerk, 
or  person  charged  with  the  registration  of  voters, 
■  must  have  printed  a  sufficient  number  of  copies 
of  registers  and  supplemental  registers  to 
supply  each  election  precinct  in  the  county  with 
not  less  than  ten  copies  thereof,  and  fifty  addi- 
tional for  every  one  thousand  votes  cast  in  the 
county  at  the  next  preceding  general  election; 
but  the  board  of  supervisors  or  election  commis- 
sioners may  order  printed  a  larger  edition,  if  in 
their  judgment  a  larger  edition  is  required  for 
subsequent     elections     or  for  any  other     reason. 


§§  1116,  1117    Registration  of  Electors.  222 

[Amendment  approved     March     27,     1895;  Stats. 
1895,  p.  231.    In  effect  in  sixty  days.] 

Classification  of  counties— under  Code:  Sec. 
4006. 

§  1116.  The  county  clerk,  or  person  charged 
with  the  registration  of  voters,  must,  as  soon  as 
such  copies  of  the  great  registers,  precinct  regis- 
ters, or  supplemental  registers  are  printed: 

1.  Post  one  copy  in  some  public  place  in  the 
court-house. 

2.  Deliver,  upon  demand,  one  copy  to  each  coun- 
ty and  township  officer  in  the  county. 

o.  Ti'ausmit  and  cause  to  be  delivered  not  less 
than  ten  copies  to  each  board  of  election  in  the 
county. 

4.  Preserve  five  copies  in  the  ofiice  for  the  in- 
spection of  the  public. 

5.  Transmit  to  the  State  Library,  Mercantile  Li- 
l>rary.  Mechanics'  Institute,  and  Odd  Fellows'  Li- 
brary, of  San  Francisco,  one  copy  each. 

6.  Deliver  one  copy  to  each  elector  of  the  coun- 
ty or  respective  precinct  applying  therefor,  until 
the  remainder  of  the  edition  printed  is  exhaust- 
ed; provided,  that  nothing  in  this  section,  except 
the  first,  third,  and  fourth  subdivisions  thereof, 
shall  apply  to  counties  other  than  of  the  first 
class.  [Amendment  approved  March  27,  1895; 
Stats.  1895,  p.  231.    In  "effect  in  sixty  days.] 

§  1117.  A  certified  copy  of  an  uncanceled  en- 
try upon  the  great  register  is  prima  facie  evidence 
that  the  person  named  in  the  entry  is  an  elector 
of  the  county.  [Amendment  approved  March  30; 
Amendments  1873-4,  p.  20.    In  effect  July  6,  1874.] 

Prima  facie  evidence,  defined:  Code  Civ.  Proc, 
sec.  1833. 

An  act  to  compel  the  county  clerk  of  the  city 
and  county  of  San  Francisco  to  keep  open  his  of- 
fice upon  all  election  days,  approved  March  7, 
1876;  1875-6,  142.  was  repealed  by  act  of  March 
31.  1880;  1880,  18  (Ban.  ed.  62),  took  effect  from 
passage. 


223  Election  Precincts.        §§  1127-1130 


CHAPTER  IV. 

ELECTION    PRECINCTS. 

§  1127.  Supervisors    to    establish   election    precincts. 

§  1128.  Boundaries  must  be  defined. 

§  1129.  Board    may    alter,    etc.,    precincts. 

§  1130.  Limitations  on  powers  given  herein. 

§  1131.  Board    to    designate    place    in    precinct    for    holding 

election. 

§  1132.  Proceedings    where   place    not    designated,    etc. 

§  1127.  The  board  of  supervisors  or  other 
board  having  charge  and  control  of  elections  in 
each  of  the  counties,  and  cities  and  counties,  of 
the  State,  shall,  as  soon  before  a  general  election 
as  is  convenient,  proceed  to  divide  such  county 
or  city  and  county,  into  election  precincts,  of 
which  there  shall  be  as  many  as  shall  be  suffi- 
cient to  malie  the  number  of  votes  polled  at  any 
one  election  precinct  to  be  not  more  than  two 
hundred,  as  nearly  as  can  be  ascertained.  [Ap- 
proved March  20,  1889.] 

Election  precincts  in  San  Francisco— see  Act  to 
regulate  registration  of  voters  and  secure  purity 
of  elections.  Approved  March  18,  1878;  Stats. 
1877-8,  p.  299. 

§  1128.  In  the  order  establishing  precincts, 
the  boundaries  thereof  must  be  defined. 

§  1129.  The  board  of  supervisors  or  other 
board  having  charge  and  control  of  elections  in 
each  of  the  counties  and  cities  and  counties,  of 
the  State,  may  from  time  to  time  change  the 
boundaries  of,  create  new,  or  consolidate  estab- 
lished precincts;  provided,  that  there  shall  always 
be  as  many  precincts  as  shall  be  sufficient  to 
make  the  number  of  votes  polled  at  any  one  pre- 
cinct to  be  not  more  than  two  hundred  as  nearly 
as  can  be  ascertained.  [Approved  March  20, 
1889.] 

§  1130.  The  following  limitations  are  imposed 
upon  the  powers  given  the  supervisors  in  this 
chapter: 

1.  No  precinct  must  be  established  so  as  to  em- 
brace more  than  one  township,  nor  in  such  man- 


§§  1131,  1132       Election  Precincts.  224 

uer  tliat  its  exterior  limits  cross  the  exterior 
boundaries  of  any  township,  incorporated  town 
or  city,  or  any  ward,  district,  or  other  territorial 
subdivision  for  Avhich  local  officers  are  to  be  elect- 
ed, except  a  school  or  road  district. 

2.  No  precinct  must  be  established,  nor  must 
the  boundaries  of  one  already  established  be  al- 
tered within  thirty  days  next  preceding  a  gener- 
al or  special  election.  [Amendment  approved 
April  16,  1880;  Amendments  1880,  p.  80.  In  ef- 
fect April  16,  1880.] 

§  1131.  The  board  of  supervisors,  or  other 
board  having  charge  and  control  of  elections  in 
each  of  the  counties,  and  cities  and  counties,  of 
the  State,  must,  at  least  fifteen  days  prior  to  an 
election,  issue  its  order  appointing  boards  of  elec- 
tion, designating  the  house  or  place  within 
the  precinct  where  the  election  must  be  held, 
and  the  offices  to  be  filled,  naming  and  number- 
ing in  numerical  order,  commencing  with  number 
one,  the  offices  to  be  filled,  unexpired  terms  being 
lastly  designated;  but  in  no  event  shall  any 
place  be  selected  for  holding  an  election  that  is 
in  a  saloon  or  other  room  or  place  where  vinous, 
spirituous  or  malt  liquors  are  sold  or  dispensed, 
nor  shall  any  place  be  selected  for  such  purpose 
that  is  connected  with  a  saloon  or  other  room  or 
place  where  vinous,  spirituous  or  malt  liquors  are 
sold  or  dispensed,  by  any  door,  window  or  other 
opening.      [Approved  March  20,  1889.] 

Election  proclamations.— Time  and  place  of 
holding  elections  are  of  the  substance  of  the 
election:  Sec.  1053,  ante. 

§  1132.  If  the  board  fail  to  designate  the 
house  or  place  for  holding  the  election,  or  if  it 
cannot  be  held  at  the  house  or  place  designated, 
the  justices  of  the  peace  residing  in  the  precinct 
must  meet  two  days  before  the  election,  and  by 
an  order,  under  tlieir  hand  (copies  of  which  they 
must  at  Once  post  in  three  public  places  in  the 
precinct),  designate  the  house  or  place.  In  the 
city  and  county  of  San  Francisco,  any  three  of  the 
justices  of  the  peace  may  discharge  the  duties  im- 
posed by  this  section,  at  least  eighteen  hours 
prior  to  the  opening  of  the  polls.  [Amendment 
approved  March  30.  1874;  Amendments  1873-4,  p. 
21.    In  effect  July  6,  1874.] 


225  Boards  of  Election.  §  1142 

CHAPTER  V. 

BOARDS    OF   ELECTION. 

§  1142.  Boards    of   Election,    how    appointed. 

§  1143.  Judges   not   to   be   of   same   political   party. 

§  1144.  Proceedings  on  failure  to  appoint  or  attend. 

§  1145.  Organization  of  Boards  and  general   powers   of  In- 
spectors. 

§  1146.  Judges  and  Clerks  may  administer  oaths. 

§  1147.  Clerks. 

§  11 48.  Board   and   Clerks   to   be   sworn. 

§  1149.  Board  to  post  copies  of  Great  Register. 

§  1150.  Copies  not  to  be  torn  or  defaced. 

§  1142.  When  an  election  is  ordered,  the  board 
of  supervisors,  or  other  board  having  charge  and 
control  of  elections  in  each  of  the  counties,  and 
cities  and  counties,  of  the  State,  shall  appoint  for 
each  precinct,  from  the  electors  thereof  whose 
names  appear  upon  the  last  assessment-roll  of 
said  county,  or  city  and  county,  two  inspectors, 
two  judges,  and  two  clerks,  the  inspectors, 
judges,  and  clerks  to  be  selected,  respectively, 
from  the  several  respective  political  parties 
which,  respectively,  cast  five  per  cent  of  the  en- 
tire vote  of  the  state  at  the  last  preceding  gener- 
al election  for  electors  of  president  and  vice-pres- 
ident nominated  by  such  political  party,  so  that 
each  such  political  party  shall  have  at  least  one 
representative  upon  such  board;  and  the  remain- 
ing officers  upon  such  board  shall  be  apportioned 
as  nearly  as  may  be  equally  between  the  two  po- 
litical parties  which,  respectively,  cast  the  high- 
est and  next  highest  number  of  votes  for  said 
electors  at  said  election.  The  inspectors  and 
judges  so  appointed  shall  constitute  a  board  of 
election  for  such  precinct.  Such  board  of  election 
shall  canvass  the  votes  for  such  precinct,  and 
must  be  present  at  the  closing  of  the  polls.  The 
members  of  said  board  shall  relieve  each  other  in 
the  duties  of  canvassing  the  ballots,  which  may 
be  conducted  by  at  least  half  of  the  whole  num- 
ber: but  the  final  certificate  shall  be  signed  by  a 
majority  of  the  whole.  No  person  shall  be  eligi- 
ble to  act  as  an  officer  of  election  at  any  precinct 
who  has  been  employed  in  any  official  capacity 


§§  1143-1147         Boards  of  Election.  226 

in  the  county,  or  city  and  county,  in  ttie  State, 
within  ninety  days  next  preceding  any  election. 
No  person  shall  be  elip'ible  to  act  as  a  member  of 
any  election  board,  or  as  a  clerli  upon  such  board, 
who  cannot  read  and  write  the  English  language. 
Any  person  acting  as  a  member  of  any  election 
board,  or  as  a  clerk  upon  such  board,  who  cannot 
read  and  Avrite  the  English  language,  and  any 
person  who  refuses  to  act  upon  such  board,  or  as 
a  clerli  thereof,  after  proper  notification  of  his 
appointment,  who  is  otherwise  eligible,  unless 
good  and  sufficient  cause  tor  such  refusal  is 
shown,  shall  be  guilty  of  a  misdemeanor,  and  up- 
on conviction  shall  be  subject  to  a  fine  of  five 
hundred  dollars,  and  upon  failure  to  pay  said  fine 
shall  be  imprisoned  in  the  county  jail  of  such 
county,  or  city  and  county,  for  the  period  of  one 
day  for  each  one  dollar  of  said  fine.  [Amendment 
approved  March  28,  1895;  Stats.  1895,  p.  302.  In 
effect  March  28,  1895.] 

§  1143.  The  judges  appointed  must  not  be 
members  of  the  same  political  party. 

§  1144.  If  the  board  of  supervisors  fail  to  ap- 
point the  board  of  election,  or  the  members  ap- 
pointed do  not  attend  at  the  opening  of  the  polls 
on  the  morning  of  the  election,  the  electors  of 
the  precinct  present  at  that  hour  may  appoint  the 
board,  or  supply  the  place  of  an  absent  member 
thereof.  [Amendment  approved  March  30,  1874; 
Amendments  1873-4,  p.  22.    In  effect  July  6,  1874.] 

§  1145.    The  inspector  may: 

1.  Administer  all  oaths  required  in  the  progress 
of  an  election. 

2.  Appoint  judges  and  clerks  if,  during  the  pro- 
gress of  an  election,  any  judge  or  clerk  ceases  to 
act.     [Approved  March  20,  1889.] 

§  1146.  Any  member  of  the  board,  or  either 
clerk  thereof,  may  administer  and  certify  oaths 
required  to  be  administered  during  the  progress 
of  an  election. 

§  1147.  Section  eleven  hundred  and  forty-sev- 
en of  the  same  Code  is  hereby  repealed.  [Ap- 
proved March  20,  1889.] 


227  The   Polls.  §§  1148-1161 

§  1148.  Before  opening  the  polls,  each  mem- 
ber of  the  board  and  each  clerk  must  take  and 
subscribe  an  oath  to  faithfully  perform  the  duties 
imposed  upon  them  by  law.  Any  elector  of  the 
township  may  administer  and  certify  such  oath. 

§  1149.  •  Before  opening  the  polls,  the  board 
must  post  in  some  separate  convenient  places, 
easy  of  access,  not  less  than  four  printed  copies 
of  the  great  register  of  the  county,  as  last  print- 
ed, except  in  the  city  and  county  of  San  Fran- 
cisco, wherein  not  less  than  four  printed  copies  of 
the  register  of  tlie  ward  shall  be  so  posted. 
LAmendment  approved  March  30,  1874;  Amend- 
ments 1873-4,  p.  22;  in  effect  July  6,  1874.]  (See 
see.  1113.) 

§  1150.  The  copies  so  posted  must  be  main- 
tained during  the  whole  time  of  voting,  and  must 
not  in  any  manner  be  torn  or  defaced. 

In  Napa  county  copies  of  the  great  register  were 
dispensed  with,  except  at  general  or  judicial  elec- 
tions provided  for  by  sections  1041  and  1042  of 
this  Code,  by  act  of  March  20,  1874;  1873-4,  515. 
In  Sacramento  county  a  new  great  register  was 
ordered  to  be  provided  by  act  of  March  30,  1874; 
1873-4,  795. 


CHAPTER  VI. 
OPENING   AND   CLOSING   THE    POLLS. 

§  1160.  Time  of  opening  and  closing  the  polls. 

§  1161.  Recess.      (Repealed.) 

§  1132.  Ballot-box   to  be   exhibited. 

§  1163.  Proclamation   at   opening   the   polls. 

§  1164.  Proclamation   at   closing   the   polls. 

§  1160.  The  polls  must  be  opened  at  sunrise  of 
the  morning  of  the  day  of  election  and  must  be 
kept  open  until  five  o'clock  on  the  afternoon  of 
the  same  day,  when  the  polls  shall  be  closed. 
[Approved  March  20,  1889.] 

§  1161.  Section  eleven  hundred  and  sixty-one 
of  said  Code  is  repealed.  [Approved  March  30, 
1874;  Amendments  187.3-4,  p.  23.  In  etfect  July 
6,  1874.] 


§§  11G2-1174  Poll  Lists.  228 

§  1162.  Before  receiving  any  ballots  the  board 
must,  in  tlie  presence  of  any  persons  assembled 
at  tlie  polling  place,  open  and  exhibit  and  close 
the  ballot-box;  and  thereafter  it  must  not  be  re- 
moved from  the  polling  place  or  presence  of  the 
bystanders  until  all  the  ballots  are  counted,  nor 
must  it  be  opened  until  after  the  polls  are  finall> 
closed. 

§  1163.  Before  the  board  receive  any  ballots, 
they  must  cause  it  to  be  proclaimed  aloud  at  the 
place  of  election  that  the  polls  are  open. 

§  1164.  When  the  polls  are  closed  that  fact 
must  be  proclaimed  aloud  at  the  place  of  election; 
and  after  such  proclamation  no  ballots  must  be 
received. 


CHAPTER  YII. 

POLL  LISTS. 

§  1174.    Form   of  poll   and   tally  lists. 
§  1175.    Want  of  form  not  to   vitiate. 

§  1174.  The  following  is  the  form  of  poll  lists 
and  tally  lists  to  be  kept  by  boards  and  clerks  of 
election : 

POLL  LISTS. 

Of  the  election  held  in  the  Precinct  of .  in 

the  County  of ,  on  the day  of .  in 

the  year  A.  D.  one  thousand  eight  hundred  and 

.    A.  B.,  C.  D.,  and  E.  F.,  judges,  and  G.  H. 

and  J.  K.,  clerks  of  said  election,  were  respective- 
ly sworn  (or  affirmed),  as  the  law  directs,  pre. 
vious  to  their  entering  on  the  duties  of  their  re- 
spective offices. 

NUMBER  AND   NAME   OF  ELECTORS 

VOTING. 

No.  Name.  No.  Nam©. 


A.  B.  3  E.  F. 

CD.  4  G.  H. 


229 


Poll  Lists. 


§  1175 


We  hereby  certify  that  the  numbers  of  electors 
voting  at  tliis  election  amounts  to . 


Attest: 


G.  H.. 
J.  K., 

Clerks. 


A.  B., 
C.  D., 

E.   F., 

Board  of  Election. 


TALLY  LISTS. 

Names  of  persons  voted  for,  and  for  vphat  of- 
fice, containing  the  number  of  votes  given  for 
each  candidate: 


j  Representative 
Governor.  in 

Congress. 


Members  of 

the  Legislature. 


Senate. 


Assembly. 


We  hereby  certify  that  A.  B.  had 


votes 


for  Governor,  and  C.  D.  had  votes  for  Gov- 
ernor; that  E.  F.  had  votes  for  Represent- 
ative in  Congress,  etc. 

G.  H.,  A.  B., 

J.  K.,  C.  D., 

Clerks.  E.  F., 

Board  of  Election. 

—[Amendment  approved  March  30,  1874; 
Amendments  1873-4,  p.  23.  In  effect  July  G, 
1874.] 

§  1175.  No  list,  tally,  paper,  or  certificate  re- 
turned from  any  election,  must  be  set  aside  or  re- 
jected for  want  of  form,  nor  on  account  of  its  not 
being  strictly  in  accordance  witli  the  directions  of 
this  title,  if  it  can  be  satisfactorily  understood. 
Pol.  Code— 20 


§  1185         Election  Tickets  and  Ballots.  230 


CHAPTER  VIII. 

ELECTION    TICKETS   AND    BALLOTS. 

?.  118.5.  Printing  of  ballots. 

I  1186.  Nomination  of  candidates. 

?  1187.  Nominations,  certifying  of. 

g  118S.  Nominations  other  than  by  conventions. 

%  1189.  Certificates  of  nomination^  filing  of. 

^  1190.  Nominations,  limitation  upon. 

i  1191.  Certificates  of  nomination,  presentation  of. 

J  1192.  Certificates  of  nomination,  time  of  tiling — vacancies. 

^  1193.  Certifying  names  of  candidates. 

if,  1194.  Nominations  sent  to  countv  committees — sample  bal- 
lots. 

§  1195.  Constitutional  amendments,  how  submitted. 

"'  1196.  Providing  ballots. 

1197.  Ballots,  form  of. 

1198.  Books  and  records  of  ballots. 

1199.  Number  of  ballots. 

1200.  Error  or  omission  in  name  of  candidate. 

1201.  Delivering  ballots. 

1202.  Ballot  clerks. 

1203.  Ballot  boxes— booths  for  voters. 

1204.  Manner  of  voting. 

1205.  Idem. 

1206.  Occupancy  of  booths. 

1207.  Spoiled  or  unused  ballots. 

1208.  Illiterate  or  helpless  voters. 

1209.  Removal  of  slip  from  ballot. 
121U.  Sample  ballots. 

1211.  Canvassing  of  votes — marked  or  spoiled  ballots. 

1212.  Time  for  voting. 

1213.  Certificate  of  nomination,  destruction  of  or  false  mak- 

ing of. 

1214.  Destruction  of  supplies. 

1215.  Disclosing  name  of  candidate — electioneering,  etc. 
5.  1216.    Registrar  of  voters. 

§  1185.  All  ballots  cast  in  elections  for  public 
officers  within  tliis  State  shall  be  printed  and  dis- 
tributed at  public  expense,  as  hereinafter  provid- 
ed. The  printing  of  general  ticlvets  and  cards  of 
instruction  to  electors  of  each  county,  and  the 
delivery  of  the  same  to  the  election  officers,  shall 
be  a  county  charge,  the  payment  of  Avhich  shall 
be  provided  for  in  the  same  manner  as  the  pay- 
ment of  other  county  expenses;  and  the  printing 
and  delivering  of  '"municipal  tickets."  and  also  in 
case  of  separate  elections  for  city,  city  and  coun- 
ty, or  town  officers,  the  printing  and  delivering  of 


231         Election  Tickets  and  Ballots.     §§1186,  1187 

cards  of  instruction,  shall  be  a  charge  upon  the 
respective  city,  city  and  county,  or  town  in  which 
such  "municipal  tickets"  and  cards  of  instruction 
are  to  be  used,  the  payment  of  which  shall  be 
provided  for  in  the  same  manner  as  the  pay- 
ment of  other  city,  city  and  county,  or  town  ex- 
penses. [Amendment  approved  March  20,  1891; 
Stats.  1891,  p.  165;  in  effect  July  1,  1891.] 

§  1186.  Any  convention,  as  hereinafter  de- 
fined, held  for  the  purpose  of  malcing  nominations 
for  public  office,  and  also  electors,  to  the  number 
hereinafter  specified,  may  nominate  candidates  for 
public  office  to  be  filled  by  election  within  the 
State.  A  convention,  within  the  meaning  of  this 
act,  is  an  organized  assemblage  of  delegates  rep- 
resenting a  political  party  wliich.  at  the  last  elec- 
tion before  the  holding  of  stich  convention,  polled 
at  least  three  per  cent  of  the  entire  vote  of  the 
State,  county,  district,  or  other  political  division 
for  which  the  nomination  is  made;  provided,  that 
in  any  county,  township,  city,  or  district  wherein 
no  general  election  siiall  iiave  been  held  after  its 
organization,  a  convention  of  any  party  polling 
at  least  three  per  cent  of  the  votes  cast  in  the 
precincts  composing  such  county,  township,  city, 
or  district  shall  have  the  same  powei",  and  its 
nominations  the  same  effect,  as  though  such  coun- 
ty, township,  city,  or  district  had  been  organized 
before  the  next  preceding  general  election. 
[Amendment  approved  March  20,  1891;  Stats. 
1891,  p.  165;  in  effect  July  1,  1891.] 

Ballot— all  elections  to  be  by:  Const.  Cal.,  art. 
2,  sec.  5. 

§  1187.  All  nominations  made  by  any  such 
convention  shall  be  certified  as  follows:  The  cer- 
tificate of  nomination,  wliich  must  be  in  writing, 
shall  contain  the  name  of  each  person  nominated, 
his  residence,  and  the  office  for  which  he  is  nomi- 
nated, and  shall  designate  the  party  or  principle 
which  such  convention  represents.  It  shall  be 
signed  by  the  cliairman  and  secretary  of  such 
convention,  who  shall  add  to  their  signatures 
their  respective  places  of  residence,  and  make 
oath,  before  an  officer  authorized  to  administer 
the  same,  that  the  matter  stated  in  such  certifi- 


§  1188         Election  Tickets  and  Ballots.  232 

cate  is  true  to  the  best  of  their  knowledge  and 
belief,  and  a  certificate  of  the  oath  shall  be  an- 
nexed to  the  certificate  of  nomination.  [Amend- 
ment approved  March  20,  1891;  Stats.  1891,  p.  166; 
in  effect  July  1,  1891.] 

§  1188.  A  candidate  for  public  office  may  be 
nominated,  otherwise  than  by  a  convention,  in 
the  manner  following:  A  certificate  of  nomina- 
tion containing  the  name  of  the  candidate  to  be 
nominated,  with  the  other  information  required 
to  be  given  in  the  certificates  provided  for  in 
section  one  thousand  one  hundred  and  eighty-sev- 
en of  this  Code,  shall  be  signed  by  electors  re- 
siding within  the  district  or  political  division  for 
which  candidates  ai*e  to  be  presented,  equal  in 
number  to  at  least  three  per  cent  of  the  entire 
vote  cast  at  the  last  preceding  election  in  the 
State,  district,  or  political  division  for  which  the 
nomination  is  to  be  made.  Said  signatures  need 
not  all  be  appended  to  one  paper,  but  each  signer 
shall  add  to  his  signature  his  place  of  residence, 
giving  the  street  and  number,  when  he  resides  in 
a  city.  One  of  the  signers  of  each  such  paper 
shall  swear  that  the  statements  therein  made  are 
true,  and  that  each  signature  to  said  paper  ap- 
pended is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereto  subscribed. 
Such  a  certificate,  when  made  as  above  prescrib- 
ed, shall  have  the  same  effect  as  a  certificate  of 
nomination  made  by  a  party  convention.  Any 
person  signing  to  such  certificate  of  nomination 
any  name  but  his  own,  or  any  person  making  a 
false  oath  to  such  certificate  of  nomination,  shall 
be  punished  by  imprisonment  in  the  State's  pris- 
on not  exceeding  five  vears.  [Amendment  ap- 
proved ]March  23,  1893;  Stats.  1893,  p.  303;  in  ef- 
fect immediately.] 

This  act  was  also  amended  at  the  session  of 
1891;  Stats.  1891,  p.  166.  As  then  amended,  it 
was  as  follows: 

A  candidate  for  public  office  may  be  nominated, 
otherwise  than  by  a  convention,  in  the  manner  fol- 
lowing: A  certificate  of  nomination  containing  the 
name  of  the  candidate  to  be  nominated,  with  the 
other  information  required  to  be  given  in  the  cer- 
tificates provided  for  in  section  one  thousand  one 


233        Election  Tickets  and  Ballots.    §§  1189,  1190 

hundred  and  eighty-seven  of  this  Code,  shall  be 
signed  by  electors  residing  within  the  district  or 
political  division  for  which  candidates  are  to  be 
presented,  equal  in  number  to  at  least  five  per 
cent  of  the  entire  vote  cast  at  the  last  preceding 
election  in  the  state,  district,  or  political  division 
for  which  the  nomination  is  to  be  made.  Said 
signatures  need  not  all  be  appended  to  one  paper, 
but  each  signer  shall  add  to  his  signature  his 
place  of  residence,  giving  the  street  and  number, 
when  he  resides  in  a  city.  One  of  the  sigmers  of 
each  such  certificate  shall  swear  that  the  state- 
ments therein  made  are  true,  to  the  best  of  his 
knowledge  and  belief,  and  a  certificate  of  such  oath 
shall  be  annexed.  Such  a  certificate,  when  made 
as  above  prescribed,  shall  have  the  same  effect  as 
a  certificate  of  nomination  made  by  a  party  con- 
vention. 

§  1189.  Certificates  of  nomination  shall  be 
filed  with  the  secretary  of  state  for  the  nomina- 
tion of  candidates  for  offices  to  be  filled  by  the 
electors  of  the  entire  State,  or  for  members  of  the 
State  board  of  equalization.  State  board  of  rail- 
road commissioners,  or  house  of  representatives. 
Certificates  of  nomination  shall  be  filed  with  the 
clerk  or  secretary  of  the  legislative  body  of  any 
incorporated  city  or  town  for  the  nomination  of 
any  candidate  for  an  office  under  the  government 
of  any  city  or  town,  to  be  filled  by  the  electors 
of  such  city  or  town.  For  all  other  nominations 
to  public  offices,  certificates  of  nomination  sliall 
be  filed  with  the  clerks  of  the  respective  counties 
wherein  the  offices  are  to  be  filled  by  the  electors; 
and  where  the  district  or  political  division  em- 
braces more  than  one  county,  such  certificate 
must  be  filed  with  the  clerk  of  the  county  in 
which  the  candidate  resides:  and  the  name  of 
each  such  candidate,  as  specified  in  the  certificate 
of  nomination,  shall  be  certified  by  said  county 
clerk  to  the  county  clerks  of  the  other  counties 
within  the  district  or  political  division  not  less 
than  fifteen  days  before  the  day  of  election. 
[Amendment  approved  INIarch  20,  1891;  Stats. 
1891,  p.  1G7;  in  effect  July  1,  1891.] 

§  1190.  No  certificate  of  nomination  shall  con- 
tain  the  name   of   more  than   one  candidate   for 


§§  1191,  1192    Election  Tickets  and  Ballots.       234 

each  office  to  be  filled.  No  person  shall  join  in 
nominating,  under  the  provisions  of  this  Code, 
more  than  one  nominee  for  each  office  to  be  filled: 
and  no  person  who  has  voted  in  a  convention  for 
or  against  a  candidate  for  any  office  shall  join  in 
nominating,  in  any  manner,  any  other  nominee 
for  that  office,  and  no  person  shall  accept  a  nom- 
ination to  more  than  one  office.  [Amendment  ap- 
proved March  20,  1S91;  Stats.  1891,  p.  167;  in  ef- 
fect July  1,  1891.] 

§  1191.  The  secretary  of  state  shall  preserve 
In  his  office  for  the  period  of  tvro  years  all  certifi- 
cates of  nomination  filed  therein  under  the  pro- 
visions of  this  Code;  and  each  county  clerk  shall 
preserve  in  his  office  for  a  like  period  all  certifi- 
cates of  nomination  filed  therein  under  the  pro- 
visions of  this  Code;  and  each  clerk  or  secretary 
of  the  legislative  body  of  any  incorporated  city 
or  town  shall,  for  a  like  period,  preserve  in  his 
oflice  all  certificates  of  nomination  filed  therein 
under  the  provisions  of  this  Code.  [Amendment 
approved  March  20,  1891;  Stats.  1891,  p.  167;  in 
effect  July  1.  1891.] 

The  section  superseded  by  the  above  amend- 
ment related  to  the  form  of  ballots. 

§  1192.  Certificates  of  nomination  required  to 
be  filed  with  the  secretary  of  state  shall  be  filed 
not  more  than  sixty  days  and  not  less  than  forty 
days  before  the  day  fixed  by  law  for  the  election 
of  the  pei'sons  in  nomination,  when  the  nomina- 
tion is  made  by  a  convention,  and  not  more  than 
sixty  days  and  not  less  than  thirty  days  before 
the  day  of  election,  when  the  nomination  is  made 
by  electors,  as  provided  in  section  one  thousand 
one  hundred  and  eighty-eight  of  this  Code.  Cer- 
tificates of  nomination  required  to  be  filed  with 
the  county  clerks,  or  with  the  clerk  or  secretary 
of  the  legislative  body  of  any  city  or  town,  shall 
be  filed  not  more  than  fifty  nor  less  than  thirty 
days  before  the  day  of  election,  when  the  nom- 
ination is  made  by  a  convention,  and  not  more 
than  fifty  days  nor  less  than  twenty  days  before 
the  day  of  election,  when  the  nomination  is  made 
by  electors.  Should  a  vacancy  in  the  list  of 
nominees  of  a  convention     occur,  such     vacancy 


235  Election  Tickets  and  Ballots.         §  1192 

may  be  filled  by  the  convention,  or  if  it  has  dele- 
gated to  a  committee  the  power  to  fill  vacancies, 
such  committee  may,  upon  the  occurring  of  such 
vacancy,  proceed  to  fill  the  same;  provided,  that 
no  nomination  shall  be  made  or  certified  at  a  pe- 
i-'od  before  the  day  of  election  less  than  the  min- 
imum number  of  days  provided  for  filing  certifi- 
cates of  nomination  made  uuder  this  Code.  The 
chairman  and  secretary  of  tlie  convention  or  of 
such  committee  shall  thereupon  make  and  file 
viath  the  proper  officer  a  certificate  setting  forth 
the  cause  of  the  vacancy,  the  name  of  the  person 
nominated,  the  office  for  which  he  was  nominat- 
ed, the  name  of  the  person  for  whom  the  new 
nominee  is  to  be  substituted,  the  fact  that  the 
committee  was  autliorized  to  fill  vacancies,  and 
such  further  information  as  is  required  to  be  giv- 
en in  an  original  certificate  -of  nomination.  When 
a  certificate  to  fill  any  vacancy  shall  be  filed  with 
the  secretary  of  state,  he  shall  in  certifying  the 
nomination  to  the  various  county  clerlvs,  insert 
the  name  of  the  person  who  has  been  thus  nom- 
inated to  fill  a  vacancy  in  the  place  of  that  of 
the  original  nominee.  Any  person  whose  name 
has  been  presented  as  a  candidate,  may,  at  least 
five  days  befoi*e  the  making  of  the  publication  of 
the  nominations  prescribed  in  this  section,  cause 
his  name  to  be  withdrawn  from  nomination,  by 
filing  with  the  secretary  of  state  and  county  clerk 
his  request  therefor,  in  writing,  signed,  by  him 
and  acknowledged  before  the  county  clerk  of  the 
county  in  which  he  resides;  and  no  name  so  with- 
drawn shall  be  printed  on  tlie  ballot.  Whenever 
any  certificate  of  nomination  is  presented  for  fil- 
ing to  any  officer  authorized  to  file  the  same,  such 
officer  shall  forthwith,  upon  receipt  of  the  same 
and  before  filing,  examine  the  same,  and  if  there 
is  any  defect,  omission,  or  reason  why  the  same 
should  not  be  filed,  such  officer  shall  then  and 
there  forthwith  designate,  in  writing,  the  defect, 
omission,  or  reason  why  such  certificate  cannot 
be  filed,  and  return  the  said  certificate  to  the 
person  presenting  the  same,  with  such  written 
designation  of  defect,  omission,  or  reason  for  not 
filing  the  same;  and  after  the  filing  of  any  cer- 
tificate of  nomination,  no  officer  required  by  law 
to   transmit   any   nomination,    or   to   make   up   or 


§§  1193,  1194  Election  Tickets  and  Ballots.       236 

print  any  ballot,  shall  fail  or  omit  to  transmit 
sucii  nomination,  or  omit  to  print  the  name  of 
any  nominee  or  candidate  named  in  any  certifi- 
cate of  nomination  which  has  been  filed;  and  un- 
less a  certificate  of  nomination  is  returned  as 
herein  required,  the  officer  to  whom  the  same  is 
properly  presented  shall  file  the  same  as  soon  as 
he  shall  receive  and  examine  the  same  as  herein 
required,  and  must  file  it  as  of  the  day  it  is  pre- 
sented. [Amendment  approved  Mai'ch  28,  189.5; 
Stats.  1S95,  p.  303;  in  effect  March  28,  1895.] 

See  sec.  1199,  post. 

§  1193.  Not  less  than  twenty -five  days  before 
an  election  to  fill  any  public  office,  the  secretary 
of  state  shall  certify  to  the  county  clerk  of  each 
county  within  which  any  of  the  electors  may  by 
law  vote  for  candidates  for  such  oflice.  the  names 
of  each  person  nominated  for  such  office,  as  spe- 
cified in  the  certificate  of  nomination  filed  with 
the  secretary  of  state.  [Amendment  approved 
March  20,  1891;  Stats.  1891,  p.  168:  in  effect  July 
1,  1891.] 

§  1194.  At  least  fifteen  days  before  an  elec- 
tion to  fill  any  public  office,  the  county  clerk  of 
each  county  shall  cause  to  be  sent  to  the  chair- 
man of  the  county  committee  of  each  organized 
political  party  of  each  county  the  nominations  to 
oflice  certified  to  him  by  the  secretary  of  state, 
and  also  all  those  filed  with  the  county  clerk.  In 
all  counties  where  a  new  registration  shall  take 
place  preceding  the  next  ensuing  election,  the 
county  clerk  shall  cause  the  name  of  each 
voter,  as  enrolled,  to  be  addressed  upon  an  en- 
velope, and  also  the  number  of  the  residence  of 
said  voter,  or  the  correct  postoffice  address  of 
said  voter,  as  the  same  is  written  on  said  regis- 
ter, and  which  name  and  address  shall  be  writ- 
ten on  the  envelope  at  the  time  that  each  voter 
is  duly  registered  thereon.  All  of  said  envelopes 
shall  be  securely  kept  by  the  said  county  clerk, 
and,  ten  days  before  election  to  fill  any  public 
office,  he  shall  cause  to  be  folded  and  placed  in 
said  envelope,  for  mailing,  sample  ballots  con- 
taining the  nominations  to  office  certified  to  him 


237  Election  Tickets  and  Ballots.         §  1194 

by  the  secretary  of  state,  and  also  all  those  filed 
with  the  county  clerk,  each  of  which  shall  be  en- 
closed in  said  envelope,  and  cause  the  same  to 
be  mailed  in  the  United  States  post-office  as  print- 
ed matter,  for  delivery  to  each  of  said  voters. 
The  mailing  of  all  of  said  envelopes  containing 
sample  ballots,  as  aforesaid,  shall  commence  at 
least  ten  days  before  the  time  of  election  to  fill 
any  public  office,  as  aforesaid,  and  continue  so 
that  all  of  said  envelopes  containing  said  sample 
ballots  shall  have  been  mailed  at  least  three 
whole  days  before  the  day  of  election  to  fill  anj' 
public  office,  as  above  provided.  If  a  new  regis- 
tration does  not  take  place  in  any  county  preced- 
ing the  next  ensuing  election,  the  county  clerk 
shall  cause  envelopes  to  be  addressed  to  each 
voter,  together  with  the  number  of  the  residence 
of  said  voter,  or  correct  post-oftce  address,  as  the 
same  appears  upon  the  register  corrected  at  that 
time,  as  the  law  provides,  and  cause  to  be  in- 
closed therein  the  nominations  to  office  certified 
to  him,  as  aforesaid,  and  cause  the  same  to  be 
mailed  in  the  manner  and  within  the  time  as 
above  provided.  The  clerk  or  the  secretary  of 
the  legislative  body  of  any  incorporated  city  or 
town  with  whom  the  names  of  any  candidate&i 
have  been  filed  shall  mail,  in  tlie  United  States 
post-office,  envelopes  addressed  to  each  voter,  to- 
gether with  the  sample  ballots  inclosed  therein, 
the  list  of  nominations  filed  with  him,  in  the 
same  manner  as  the  lists  of  nominations  mailed 
by  the  county  clerk,  as  provided  in  this  section. 
[Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  304;  in  effect  immediately.] 

This  section  was  also  amended  at  the  session 
of  1891:  Stats.  1891,  p.  1G8.  As  then  amended,  it 
read: 

At  least  ten  days  defore  an  election  to  fill  any 
public  office,  the  county  clerk  of  each  county  shall 
cause  to  be  publislied,  in  at  least  two  newspapers 
of  general  circulation  wathin  the  county,  the 
nominations  to  office  certified  to  him  by  tlie  sec- 
retary of  state,  and  also  all  those  filed'  with  the 
county  clerk.  He  shall  make  not  less  than  two 
such  publications  in  each  of  such  newspapers  be- 
fore election  day,  one  of  sucli  publications  being 


§§  1195,  119U  Electiou  Tickets  and  Ballots.        23S 

made  iipon  the  last  day  ,iipon  which  such  news- 
paper is  issued  before  the  day  of  election.  The- 
list  of  nominations  published  by  the  county  clerks 
of  the  respective  counties  shall  be  arranged  in 
the  order  and  form  in  wliich  they  will  be  printed 
upon  the  ballot.  The  clerk  or  the  secretary  of 
the  legislative  body  of  any  incoi-iK)rated  city  or 
town  with  ■u'hom  the  names  of  any  candidates 
have  been  filed  shall  publish  in  the  same  manner 
tlie  lists  of  nominations  filed  Avith  him;  but  where 
only  one  newspaper  is  printed  in  any  county,  city, 
or  town,  then  publication  in  such  newspaper  shall 
be  deemed  sutlicient:  and  "O'here  no  newspaper  is 
printed  in  such  county,  city  or  town,  publication 
shall  be  made  through  any  newspaper  designated 
by  the  board  of  supervisors  of  said  county,  or  the 
legislative  body  of  such  city  or  town,  and  by  post- 
ing copies  of  the  ballot  in  three  of  the  most  public 
places  in  such  county,  city,  or  town,  not  less  than 
ten  days  before  the  day  of  election. 

§  1195.  "Whenever  a  proposed  constitutional 
amendment  or  other  question  is  to  be  submitted 
to  the  people  of  the  State  for  the  popular  vote, 
the  secretary  of  state  shall  duly,  and  not  less 
than  twenty-five  days  before  election,  certify  the 
same  to  tlie  cleric  of  each  county  of  the  State; 
and  the  clerk  of  each  county  shall  include  the 
same  in  publication  provided  for  in  section  one 
thousand  one  hundred  and  ninety-four  of  this 
Code.  [Amendment  approved  March  20,  1891; 
Stats.  1891.  p.  1(19;  in  effect  July  1,  1891.] 

§  1196.  Except  as  in  this  Code  otherwise  pro- 
vided, it  shall  be  the  duty  of  the  county  clerk  of 
each  county  to  provide  printed  ballots  for  every 
election  of  public  officers  except  elections  for  city 
or  town  officers,  in  which  electors,  or  any  of  the 
electors  within  the  county  participate,  and  to 
cause  to  be  printed  in  the  appropriate  ballot  the 
name  of  every  candidate  whose  name  has  been 
certified  to.  or  filed  with  the  county  clerk,  in  the 
manner  provided  for  in  this  Code.  Ballots  other 
than  those  printed  by  the  respective  county 
clerks,  or  the  clerk  or  secretary  of  the  legislative 
body  of  any  incorporated  city  or  town,  according 


239  Election  Tickets  and  Ballots.         §  llOG 

to  the  provisions  of  this  Code,  shall  not  be  cast 
nor  counted  at  any  election.  It  shall  be  the  duty 
of  the  county  clerk  of  any  consolidated  city  and 
county  to  provide  separate  ballots  for  every  elec- 
tion for  city  and  county  officers  in  which  the 
electors,  or  any  of  the  electors,  of  sucli  city  or 
county  participate,  and  to  cause  to  be  printed  in 
such  separate  ballots  the  name  of  every  candi- 
date for  a  city  and  county  office  whose  name  has 
been  filed  with  the  said  county  clerk  in  the  man- 
ner provided  for  in  this  Code.  It  shall  be  the 
duty  of  the  clerk  or  secretary  of  the  legislative 
body  of  any  incorporated  city  or  town  to  pro- 
vide separate  ballots  for  every  election  for  city  or 
town  olficers  in  which  the  electors,  or  any  of  the 
electors,  of  such  city  or  town  participate,  and  to 
cause  to  be  printed  in  such  separate  ballots  the 
name  of  everj'  candidate  w-hose  name  has  been 
filed  with  such  clerk  or  secretary  in  the  manner 
provided  for  in  this  code.  All  ballots  shall  be  of 
the  necessary  size  and  shape  to  contain  the  names 
of  all  the  candidates,  together  Avith  the  necessary 
blank  spaces  hereinafter  provided  for,  and  shall 
be  printed  on  tinted  paper  furnished  by  the  sec- 
retary of  state.  It  shall  be  the  duty  of  the  sec- 
retary of  state  to  obtain  and  keep  on  hand  a  suf- 
ficient supply  of  paper  for  ballots,  and  to  furnish 
the  same,  in  quantities  ordered,  to  any  county 
clerk,  or  clerk  or  secretary  of  the  legislative  body 
of  any  incorporated  city  or  town,  upon  payment  by 
them  of  the  cost  of  such  paper.  Such  paper  shall 
be  water-marked  with  a  design  to  be  furnished 
by  the  secretary  of  state,  in  such  manner  that 
tlie  said  water-mark  shall  be  plainly  discernible 
on  the  outside  of  such  ballot  when  folded  accord- 
ing to  law.  Sucli  design  shall  be  kept  secret  from 
all  persons  not  engaged  in  the  preparation,  print- 
ing, or  distribution  of  tlie  paper  or  ballots,  until 
tlie  day  of  election.  Sucli  design  shall  be  changed 
for  each  general  election,  and  the  same  design 
sliall  not  be  used  again  at  any  general  election 
within  the  space  of  foiu'teen  years,  but  at  any 
si)eclal  or  separate  local  election,  paper  marked 
with  the  design  used  at  the  previous  election  may 
be  used.  Nothing  in  this  Code  contained  shall 
prevent  any  voter  from  writing  upon  his  ballot 
the  name  of  any  person  for  whom  he  desires  to 


§  1197         Election  Tickets  aud  Ballots.  240 

vote  for  any  office,  and  such  vote  shall  be  counted 
the  same  as  if  printed  upon  the  ballot,  aud 
mai'ked  as  voted  for.  [Amendment  approved 
March  20,  1891;  Stats.  1891,  p.  169;  in  effect  July 
1,  1891.] 
See  sec.  1199. 

§  1197.  All  ballots  printed  by  county  clerks, 
other  than  the  separate  ballots  containing  the 
names  of  candidates  for  city  and  county  officers 
printed  by  the  county  clerks  of  consolidated  cities 
and  counties  shall  be  headed  "General  Ticket," and 
all  ballots  printed  by  county  clerks  of  consolidated 
cities  and  counties  containing  the  names  of  candi- 
dates for  city  and  county  offices,  and  also  all  tick- 
ets printed  by  the  clerk  or  secretary  of  a  legisla- 
tive body  of  any  incorporated  city  or  town,  shall 
be  headed  "Municipal  Ticket."  Under  the  head- 
ing of  ail  general  tickets  the  respective  number 
of  the  congressional,  senatorial,  and  assembly 
districts  in  which  each  ticket  is  to  be  voted  shall 
be  printed,  together  with  the  following  direction 
to  voters:  "To  vote  for  a  person,  stamp  a  cross 
(X)  in  the  square  at  the  right  of  the  name."  Op- 
posite the  title  of  each  office  shall  be  printed  a  di- 
rection to  the  voter,  specifying  the  number  of  per- 
sons to  be  voted  for  for  that  office,  and  opposite 
each  constitutional  amendment  or  other  question 
to  be  voted  upon,  in  separate  lines,  the  words 
"Yes"  and  "No."  All  municipal  tickets  contain- 
ing the  names  of  candidates  for  ward  or  district 
officers,  in  addition  to  such  direction  to  voters, 
shall  have  the  number  of  the  ward  or  district  in 
which  such  ticket  is  to  be  voted  printed  thereon. 
All  municipal  tickets  shall  be  printed  upon  paper 
of  a  different  tint  from  that  of  the  general  ticket. 
On  each  ballot  a  perforated  line  shall  extend 
from  top  to  bottom,  one  half  inch  fi'om  the  right 
hand  side  of  such  ballot,  and  upon  the  half-inch 
strip  thus  formed  there  shall  be  no  printing,  ex- 
cept the  number  of  the  ballot,  which  shall  be  up- 
on the  back  of  such  strip,  in  such  position  that  it 
shall  appear  on  the  outside  when  the  ballot  is 
folded.  The  number  on  each  ballot  shall  be  the 
same  as  tliat  on  the  corresponding  stub,  and  the 
ballots  and  stubs  shall  be  numbered  consecutive 
ly  in  each  county.     All  ballots  shall  be  eightei' 


J 


241  Election  Tickets  aud  Ballots.         S  HOT 

inches  in  length  aud  four  and  one  half  inches  iu 
width,  and  as  many  times  such  width  as  shall  be 
necessary  to  contain  the  names  of  all  candidates 
nominated.  "Where  the  names  of  candidates  are 
printed  in  separate  columns,  such  columns  shall 
be  separated  by  heavy  rules;  and  on  all  ballots 
the  names  of  candidates  shall  each  be  separated 
by  a  rule  extending  on  the  extreme  right  of  the 
column.  All  ballots  shall  be  printed  in  plain  Ro- 
man type,  and  shall  contain  the  name  of  every 
candidate  whose  nomination  for  any  office  speci- 
fied in  the  ballot  has  been  certitied  to  and  filed  ac- 
cording to  the  provisions  of  this  Code,  and  no  oth- 
er name;  and  there  shall  be  added  to  all  the  names 
of  candidates  for  each  office  their  party  or  political 
designation.  Tlie  names  of  the  candidates  for 
each  office  shall  be  arranged,  under  the  designation 
of  the  office,  in  ali)]iabetical  order,  according  to 
surname,  except  that  the  names  of  candidates  for 
the  office  of  elector  for  president  and  vice- 
president  shall  be  arranged  in  groups  as  present- 
ed in  the  several  certificates  of  nomination,  and 
there  shall  be  printed  at  the  head  of  each  group 
of  electors  so  nominated  the  political  or  party  des- 
ignation or  principle  represented  by  the  said  elec- 
tors, as  "Republican  Electors."  or  the  like,  in  great 
primer  title  type,  or  its  equivalent.  There  shall 
be  left  at  the  end  of  the  list  of  candidates  for 
each  office  as  many  blank  spaces  as  there  are  per- 
sons to  be  elected  to  such  office,  in  which  the  vot- 
er may  insert  the  name  of  any  person,  not  printed 
upon  the  ballot,  for  wliom  he  desires  to  vote  as* 
candidate  for  such  office:  and  the  names  and 
blank  spaces  on  the  whole  ticket  shall  be  consecu- 
tively numbered,  the  figures  being  placed  on  the 
left-hand  side  of  such  names  and  blank  spaces. 
There  shall  be  a  margin  on  the  right  hand  side  of 
the  names,  at  least  one-half  of  an  inch  wide,  so 
that  the  voter  may  clearly  indicate,  in  the  way  to 
be  hereinafter  pointed  out.  the  candidate  and  can- 
didates for  whom  he  wishes  to  cast  his  Ivallot; 
the  county,  city,  or  town  in  which  each  candidate 
resides  may  be  i)rinted  in  small  type  on  the  riglit- 
hand  side  of  his  name.  Whenever  any  question 
is  to  be  submitted  to  the  vote  of  the  people,  it 
shall  also  be  printed  upon  the  ballot  in  such  a 
ninnner   as   to   cMiable   the   electors    to    vote   upon 

Pol.  Code-  21. 


§§  liyS-12m  Election  Tickets  and  Ballots.  242 

such  question  in  the  manner  hereinafter  provided. 
[Amendment  approved  March  23.  1S93;  Stats. 
1893,  p.  305:  in  effect  immediately.] 

Voting  straight  tickets. — This  section  as  it  orig- 
inally was  passed  in  1S91  iStats.  1891.  p.  170)  pro- 
vided for  the  voting  of  straight  tickets. 

Freedom  from  mark  or  device:  See  sec.  1191. 
subd.  7:  also  sees.  1206,  1207. 

§  1198.  AU  baUots,  when  printed,  shaU  be 
botmd  in  stub-books  of  one  hundred  ballots  each. 
A  record  of  the  number  of  ballots  printed  by 
them  shall  be  kept  by  the  respective  county 
clerks,  and  by  the  clerk  or  secretary  of  the  legis 
lative  body  of  each  incorporated  city  or  town. 
[Amendment  approved  March  20.  1891;  Stats. 
1891,  p.  172;  in  effect  July  1,  1891.] 

§  1199.  The  county  clerk  of  each  county  shall 
provide  for  each  election  precinct  in  the  county, 
not  less  than  one  hundred  general  tickets  for  ev- 
ery fiftj-  or  fraction  of  fifty  electors  registered 
in  the  election  precinct:  and  in  case  of  a  cbnsoUd- 
ated  city  and  county,  an  eqtial  number  of  munic- 
ipal tickets,  when  any  city  and  cotinty  officers  are 
to  be  elected;  and  the  clerk  or  secretary  of  the  leg- 
islative body  of  any  incorporated  city  or  town 
shall  furnish  a  like  ntimber  of  municipal  tick- 
ets when  any  city  or  town  officer  is  to  be 
elected:  and  upon  the  day  of  an  election,  imme- 
diately upon  the  arrival  of  the  hour  when  th^' 
polls  are  required  bj-  law  to  be  closed,  the  coun- 
ty clerk  in  each  county  shall  openly,  in  his  main 
office,  in  the  presence  of  as  many  persons  as  may 
there  assemble  to  observe  his  act.  proceed  to  de- 
stroy every  unused  ballot  which  shaU  have  re- 
maiued  in  his  possession,  custody,  or  control,  ami 
forthwith  make  and  file  his  affidavit,  in  writing. 
as  to  the  number  of  l)allors  so  destroved.  [Amend- 
ment approved  :Nrarch  28,  189r»:  Stats.  1895.  p.  304. 
In  effect  March  28.  1895.] 

§  1200.  Wlienever  it  shall  appear  by  affidavit 
that  an  error  or  omission  has  occtirred  in  the  pub- 
lication of  the  name  or  description  of  the  candi- 
dates nominated  for  office,  or  in  the  printing  of 
the  ballots,  the  superior  court  of  the  county,   or 


243  Electiou  Tickets  ami  Ballots.  §  12U1 

the  judge  thereof,  shall,  upon  application  by  any 
elector,  by  order,  require  the  county  clerk  to  cor- 
rect such  error,  or  to  shoAv  cause  why  such  error 
should  not  be  corrected.  [Amendment  approved 
March  20,  1891;  Stats.  1S91,  p.  172.  In  effect  July 
1,  1891.] 

§  1201.  Before  the  opening  of  the  polls  at  any 
election  within  any  county,  the  county  clerk  of 
the  county  shall  cause  to  be  delivered  to  the 
boards  of  election  of  each  election  precinct  which 
is  within  the  county,  and  in  which  the  election  is 
to  be  held,  at  the  polling-place  of  the  election 
precinct,  the  proper  number  of  general  tickets  of 
the  kind  to  be  used  in  the  election  precinct,  in 
sealed  packages,  with  marks  on  the  outside  clear- 
ly designating  the  precinct  or  polling  place  for 
which  they  are  intended,  ancL the  number  of  ballots 
inclosed,  and  in  case  of  a  consolidated  city  and 
county,  also  a  lilce  number  of  municipal  tickets; 
and  the  clerk  or  seci'etary  of  any  incorporated 
city  or  town  shall  in  like  manner  cause  to  be  de- 
livered the  proper  niimber  of  municipal  tickets. 
The  county  clerk,  clerk,  or  secretary  shall  prepare 
a  receipt  for  each  polling-place,  enumerating  the 
packages,  and  stating  the  time  and  day  and  date 
when  the  same  were  delivered  by  him  to  the  in- 
spectors of  election.  The  inspectors  of  election 
shall  sign  said  receipt  upon  receipt  of  the  pack- 
ages, which  shall  forthwith  be  returned  and  filed. 
The  county  clerk,  clerk,  and  secretary,  respect- 
ively, shall  have  authority  to  employ  such  mes- 
sengers as  may  be  necessary  to  insure  the  safe 
and  expeditious  delivery  of  the  ballots  to  the  in- 
spectors or  judges  of  election,  as  provided  in  this 
Code,  and  the  board  of  supervisors,  or  other 
board  or  body  having  the  control  of  elections, 
shall  allow  such  messengers  a  reasonable  com- 
pensation for  their  services,  to  be  paid  as  other 
election  expenses  are  paid.  In  case  of  the  pre- 
vention of  an  election  in  any  precinct  by  the  loss 
or  the  destruction  of  the  ballots  intended  for  that 
precinct,  the  inspector,  or  other  election  officer 
for  that  precinct,  shall  make  an  affidavit  setting 
forth  the  fact,  swear  to  the  same  before  an  officer 
authorized  to  administer  oaths,  and  transmit  it 
to   the   governor   of  the   State.    Upon   receipt   of 


S§  1202, 1203  Election  Tickets  and  Ballots.         244 

such  affidavit,  the  governor  may  order  a  new 
election  in  such  precinct,  and  upon  the  applica- 
tion of  any  candidate  for  any  office  to  be  voted 
for  by  tlie  electors  of  such  precinct,  the  governor 
shall  order  a  new  election  in  such  precinct. 
[Amendment  approved  March  20.  1891;  Stats. 
1891,  p.  172.    In  effect  July  1,  1891.] 

§  1202.  At  the  same  time  and  in  the  same 
manner  as  inspectors  and  judges  of  election  are 
now  appointed  in  this  State,  two  ballot  clerlis  for 
each'  election  precinct  in  the  State  shall  be  ap- 
pointed, whose  duty  it  shall  be  to  have  charge 
of  the  ballots  on  the  day  of  election,  and  to  fur- 
ni.sh  them  to  the  voters  in  the  manner  herein- 
after provided.  Such  ballot  clerlvS  shall  be  elec- 
tors of  the  precinct  from  which  they  are  appoint- 
ed, and  shall  be  paid  the  same  compensation  as 
inspectors  of  election.  In  making  appointments 
of  such  ballot  clerics,  one  of  them  shall  be  taken 
from  the  political  party  that  polled  the  largest 
number  of  votes  at  the  last  preceding  general 
election,  and  the  other  from  the  party  that  polled 
the  next  largest  number  of  votes  at  such  general 
election.  They  shall  act  as  additional  clerks  of 
election  when  the  polls  are  closed,  and  they  shall 
serve  until  the  votes  are  counted  and  the  returns 
are  signed;  provided,  that  whenever  a  general 
and  a  municipal  election  shall  be  held  at  the 
same  time,  there  shall  be  appointed  one  addi- 
tional inspector,  one  additional  judge,  and  two  ad- 
ditional clex'ks  in  the  manner  now  provided  by 
law.  [Amendment  approved  March  23.  1893: 
Stats.  1893,  p.  303.    In  effect  immediately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  173. 

§  1203.  All  officers  upon  whom  is  imposed  by 
law  of  the  State  the  duty  of  designating  polling 
places,  shall  cause  such  polling  places  to  Ibe  suita- 
bly provided  with  a  ballot-box.  to  be  marked  on 
the  outside  "General  Tickets,"  and  when  any 
city,  city  and  county,  or  town  officers  are  to  be 
elected,  a  second  ballot-box.  to  be  marked  on  the 
outside  "Municipal  Tickets":  and  shall  also  pro- 
vide a  sufficient  number  of  places,  booths,  or  com- 


J 


245  Election  Tickets  and  Ballots.         §  1204 

partments.  at  or  in  which  voters  may  convenient- 
ly mark  their  ballots,  so  that  In  the  mai'king 
thereof  they  may  be  screened  from  the  obsei*va- 
tion  of  others:  and  a  guard-rail  shall  be  so  con- 
structed and  placed  that  only  such  persons  as  are 
inside  said  rail  can  approach  within  six  feet  of 
the  ballot-boxes,  and  of  such  booths  or  compart- 
ments. The  arrangements  shall  be  such  that 
neither  the  ballot-boxes  nor  the  box  booths  or 
compartments  shall  be  hidden  from  the  view  of 
those  just  outside  the  said  guard-rail.  The  nvim- 
ber  of  such  voting  booths  or  compartments  shall 
not  be  less  than  one  for  every  forty  electors  qual- 
ified to  vote  in  the  precinct.  No  person  other 
than  electors  engaged  in  receiving,  preparing,  or 
depositing  their  ballots  shall  be  permitted  to  be 
within  said  rail  before  the  closing  of  the  polls,  ex- 
cept by  authority  of  the  board  of  election,  and 
then  only  for  the  purpose" of  keeping  order  and 
enforcing  the  law.  Each  of  said  voting  booths  or 
compartments  shall  be  kept  provided  with  proper 
supplies  and  conveniences  for  marking  the  bal- 
lots. And  the  election  ofticers  shall  especially  see 
that  the  stamps  and  ink-pads  required  are  at  all 
times  in  such  booths  and  in  condition  for  proper 
use;  and  all  officers  upon  wliom  is  imposed  by 
the  law  the  duty  of  designating  polling  places, 
shall  supply  each  polling  place  with  several 
stamps  and  several  ink-pads  for  each  booth,  and 
such  stamps  shall  be  so  made  that  a  cross  (X) 
may  be  made  with  either  end  of  such  stamp,  and 
the  same  must  be  so  constructed  that  the  portion 
with  which  such  cross  (X)  is  to  be  made  shall 
not  be  fastened  on  by  any  glue  or  like  substance 
which  may  loosen  when  wet,  but  the  said  stamp 
shall  be  one  solid  piece.  [Amendment  approved 
March  28,  1895;  Stats.  1895.  p.  305.  In  effect 
March  28,  1895.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  173. 

§  1204.  Any  person  desiring  to  vote  shall  give 
his  name  and  address  to  one  of  the  ballot  clerks, 
who  shall  then,  in  an  audible  tone  of  voice,  an- 
nounce the  same,  and  if  the  other  ballot  clerk 
finds  the  name  on  the  register,  he  shall  in  like 
manner  repeat  the  name  and  address,  whereup- 


§  1205         Election  Tickets  and  BaUots.  24t; 

on  a  challenge  may  be  interposed,  as  provided  in 
section  one  tliousand  two  liundred  and  thirty  of 
this  Code.  If  the  challenge  be  overruled,  the  bal- 
lot clerli  shall  give  him  a  ticket,  and  the  clerk 
shall  write  on  the  register,  opposite  the  name  of 
the  voter,  the  number  of  the  general  ticket  given 
him,  and  also  the  number  of  the  municipal  ticket 
given  him,  when  any  city,  city  and  county,  or 
town  otficer  is  to  be  elected;  and  the  voter  shall 
be  allowed  to  enter  the  place  inclosed  by  the 
guard-i-ail,  as  above  provided.  The  ballot  clerk 
shall  give  him  but  one  general  ticket,  and  where 
any  city,  citj'  and  county,  or  town  officers  are  to 
be  elected,  also  one  municipal  ticket,  and  only  one 
ballot  of  each  kind;  and  in  order  to  prevent  vot- 
ers from  marking  their  ballots  with  a  pencil,  or 
otherwise  contrary  to  law.  it  shall  be  the  duty  of 
a  ballot  clerk,  whenever  he  shall  deliver  a  ballot  to 
any  voter,  to  then  orally  distinctly  state  to  him,  so 
that  it  may  be  heard  by  the  bystanders,  that  he 
must  mark  the  ballot  with  the  stamp  provided  by 
law,  or  it  will  not  be  counted.  [Amendment  ap- 
proved March  28.  1895;  Stats.  1895,  p.  305.  In  ef- 
fect March  28,  1895.] 

§  1205.  On  receipt  of  his  ballot,  the  elector 
shall  forthwith,  and  without  leaving  the  inclosed 
space,  retire  alone  to  one  of  the  places,  booths, 
or  compartments  provided,  to  prepare  his  ballot. 
He  shall  prepare  his  ballot  by  marking  a  cross 
after  the  name  of  the  person  or  persons  for  whom 
he  intends  to  vote,  tlius  (X);  and  in  case  a  con- 
stitutional amendment  or  other  question  submit- 
ted to  the  vote  of  the  people,  by  marking  in  the 
appropriate  marpin  a  cross  (X)  against  the  an- 
swer Avhich  he  desires  to  give.  Such  marking 
shall  be  done  only  witli  a  stamp,  which,  with  nec- 
essary pads  and  inlv.  sliall  be  provided  by  the  of- 
ficers who  are  by  tliis  Code  required  to  furnisli 
election  supplies,  for  each  bootli  or  compartment 
provided,  for  tlie  marking  and  preparation  of  bal- 
lots. Before  leaving  sucli  booth  or  compartment, 
the  elector  shall  fold  liis  l)allot  in  such  a  manner 
tliat  the  number  of  the  ballot  shall  appear  on  the 
outside  thereof,  without  displaying  the  marks  on 
the  face  thereof,  and  shall  keep  it  folded  until  he 
has  voted.    Ilavinc  folded     his     ballot,  the  voter 


247         Election  Tickets  and  Ballots.  §§  120G,  1207     • 

shall  deliver  it  folded  to  the  inspector,  who  shall 
announce  in  an  audible  tone  of  voice  the  name  of 
the  voter  and  the  number  of  his  ballot.  The  bal- 
lot clerli  having  the  register  in  charge,  if  he  finds 
the  number  to  correspond  with  the  number  mark- 
ed opposite  the  voter's  name  on  the  register,  shall, 
in  like  manner,  repeat  the  name  and  number,  and 
shall  mark  opposite  the  name  the  word  "voted." 
Tlie  inspector  shall  then  separate  the  slip  contain- 
ing the  number  from  the  ballot,  and  shall  deposit 
the  ballot  in  the  box.  The  numbers  of  all  ballots 
voted  shall  be  immediately  destroyed.  [Amend- 
ment approved  March  23,  1893;  Stats.  1893,  p.  306. 
In  effect  immediately.] 

§  1206.  Not  more  than  one  person  shall  be 
permitted  to  occupy  any  one  booth  at  one  time, 
and  no  person  shall  remain  "in  or  occupy  a  booth 
longer  than  necessary  to  prepare  his  ballot,  and 
in  no  event  longer  than  ten  minutes.  [Amend- 
ment approved  March  20,  1891;  Stats.  1891,  p.  175. 
In  effect  July  1,  1891.] 

See  sees.  1191,  1199. 

§  1207.  Any  voter  who  shall  spoil  a  ballot 
shall  return  such  spoiled  ballot  to  the  ballot  clerk 
and  receive  another  one  in  its  place,  one  at  a  time, 
not  to  exceed  three  in  all.  All  the  ballots  thus  re- 
turned shall  be  immediately  canceled,  and,  with 
tliose  not  distributed  to  the  voters,  shall  be  re- 
turned with  the  registered  list  and  ballots,  as  now 
provided  in  sections  one  thousand  two  hundred  and 
sixty-three  and  onetliousand  two  hundred  and  six- 
ty-four of  this  Code.  Every  elector  wlio  does  not 
vote  the  ballot  delivered  to  him,  shall,  before  leav- 
ing the  polling  place,  return  such  ballot  to  the  bal- 
lot clerks  having  cliarge  of  the  ballots,  who  shall 
immediately  cancel-  the  same  and  return  them  in 
the  same  manner  as  spoiled  ballots.  The  ballot 
clerks  sliall  account  for  the  ballots  delivered  to 
tliem  by  returning  a  sufficient  number  of  unused 
ballots  to  make  up  when  added  to  the  number  of 
official  ballots  cast  and  the  number  of  spoiled 
ballots  returned,  tlie  number  of  ballots  given  to 
them,  and  it  shall  be  the  duty  of  the  officers  re- 
ceiving such  returned  ballots  to  compel  such  an 


§  1208         Electiou  Tickets  and  Ballots.  248 

accounting:  and  immediately  upon  the  closing  of 
the  polls,  and  before  any  ballot  shall  be  talien 
from  the  ballot-bcxes,  or  either  thereof,  the  bal- 
lot clerks  must,  in  the  presence  of  all  persons  in 
the  room  who  may  desire  to  observe  the  same, 
proceed  to  deface  every  unused  or  spoiled  ballot, 
by  drawing  across  the  face  thereof,  in  writing 
ink,  with  a  pen,  two  lines  which  shall  cross  each 
other,  and  said  ballot  clerks  shall  thereupon  im- 
mediately, and  before  any  ballots  be  taken  from 
the  ballot-box.  or  either  thereof,  place  all  said  bal- 
lots thus  defaced  within  an  envelope  and  seal 
said  envelope,  and  thereupon  a  majority  of  the 
election  otficers  shall  immediately  write  their 
names  across  the  sealed  portion  of  said  envelope. 
[Amendment  approved  March  28.  1895;  Stats. 
1895,  p.  306.    In  effect  March  28,  1895.] 

§  1208.  When  it  appears  from  the  register 
that  any  elector  has  declared  under  oath,  when 
he  registered,  that  he  cannot  read,  or  that  by  rea- 
son of  physical  disability  he  is  unable  to  mark 
his  ballot,  he  shall,  upon  request,  receive  the  as- 
sistance of  two  of  the  otficers  of  election,  of  dif- 
ferent political  parties,  in  the  marking  thereof, 
to  be  chosen  as  follows:  One  by  the  inspector 
then  receiving  the  ballots,  and  the  other  by  the 
judge  of  the  opposite  political  party  which  at  tlie 
last  election  cast  the  highest  niimber  of  votes 
throughout  the  State,  and  in  the  event  there  are 
more  judges  than  one  of  said  party,  then  by  the 
one  of  said  judges  who  shall  be  named  by  said 
inspector.  Neither  of  the  persons  appointed  shall 
be  of  the  same  political  party  with  the  person  ap- 
pointing, nor  shall  either  of  said  persons  so  mak- 
ing said  appointments  appoint  the  other  for  said 
purposes.  Such  officers  shall  thereafter  give  no 
information  regarding  the  marking  of  said  bal- 
lot. The  otficers  making  such  appointments  shall 
make  the  same  in  writing,  and  sign  the  same,  and 
upon  the  same  paper  the  persons  so  appointed 
shall  subscribe  and  take  the  following  oath  be- 
fore assisting  such  elector: 

State   of   California,    county   of   ,    Assembly 

district  number  .  precinct,  ss. 

and  ,  being  duly  sworn,  each  for  him- 
self, says  that  lie  is  one  of  the  officers  of  election 


249         Election  Tickets  and  Ballots.  §§  1209,  1210 

appointed  to  assist  (here  insert  the  name  of 

the  elector)  in  marlcing  his  ballot,  and  that  he  will 
not  give  any  information,  now  or  hereafter,  re- 
garding the  same.  

Subscribed  and  sworn    to    before    me,  this  

day  of  '■ ,  A.  D.  18—.  . 

Said  affidavits  may  be  sworn  to  before  any  offi- 
cer of  election  competent  to  admiui.ster  an  oath, 
and  the  same,  with  the  indorsements  thereon, 
shall  be  returned  to  the  county  clerk,  as  provided 
in  section  one  thousand  two  hundred  and  sixty- 
one  of  this  Code. 

Lists  of  the  voters  who  have  been  assisted  in 
marking  their  ballots  shall  be  kept  by  the  clerks 
keeping  the  poll  lists,  and  shall  be  returned  and 
preserved,  as  the  poll  lists  are  returned  and  pre- 
served. As  amended  March  twenty-third,  eight- 
een hundred  and  ninety-three.  [Amendment  ap- 
proved March  28,  1895;  Stats.  1895,  p.  306.  In  ef- 
fect March  28,  1895.] 

See  sec.  1191. 

§  1209.  No  member  of  the  board  of  election 
shall  deposit  in  the  ballot-box  any  ballot  from 
which  the  slip  containing  the  number  of  the  bal- 
lot has  not  been  removed  by  the  iuspectoi-. 
[Amendment  approved  March  20,  1891;  Stats. 
1891,  p.  175.    In  effect  July  1,  1891.] 

§  1210.  The  county  clerk  of  each  county,  or  in 
case  of  separate  city  or  town  elections,  the  clerk 
or  secretary  of  the  legislative  body  of  such  city 
or  town,  shall  cause  to  be  printed  on  plain  white 
paper,  without  water-mark  or  indorsements  (ex- 
cept the  words  "Sample  Ballot"),  at  least  as 
many  copies  of  the  form  of  ballot  provided  for 
use  in  each  voting  precinct  as  there  shall  be  reg- 
istered voters  in  sueli  precinct.  Such  copy  shall 
be  designated  "Sample  Ballots,"  and  shall  be  fur- 
nished to  registered  voters  at  the  office  of  such 
clerk  or  secretary  five  days  before  the  day  fixed 
by  law  for  such  election,  and  at  any  time  "during 
such  five  days;  provided,  that  not  more  than  one 
sample  ballot  shall  be  furnislied  to  any  one  vot- 
er. Such  clerk  of  secretary  shall  cause  to  be 
printed,  in  large,  clear  type,  on  cards,  instructions 


S§  1211-1213  Election  Tickets  and  Ballots.        250 

for  the  guidance  of  electors  in  obtaining  and  mark- 
ing their  ballots.  He  shall  furnish  twelve  such 
cards  to  the  board  of  election  in  each  election  pre- 
cinct in  his  county,  at  the  same  time  and  in  the 
same  manner  as  the  printed  ballots  and  sample 
ballots.  The  board  of  election  shall  post  at  least 
one  of  such  cards  in  each  booth  or  compartment 
provided  for  the  preparation  of  ballots,  and  not 
less  than  three  of  such  cards  at  other  places  in 
and  about  the  polling-places,  on  the  day  of  elec- 
tion. Sections  twelve  hundred  and  fourteen  and 
twelve  hundred  and  fifteen  of  this  Code,  and  sec- 
tion sixty-one  of  the  Penal  Code  shall  also  be 
printed  on  each  of  said  cards.  [Amendment  ap- 
proved March  20,  1891;  Stats.  1891,  p.  175.  In  ef- 
fect .July  1,  1S91.] 

§  1211.  In  canvassing  the  votes,  any  ballot 
which  is  not  made  as  provided  in  this  act  shall 
be  void,  and  shall  not  be  counted;  but  each  such 
ballot  must  be  preserved  and  returnetl  with  the 
other  ballots.  Any  name  Avritten  upon  a  ballot 
shall  be  counted  for  the  office  under  which  it  is 
wi'itteu,  whether  or  not  a  cross  is  marked  after  it. 
If  a  voter  marks  more  names  than  there  are  per- 
sons to  be  elected  to  an  office,  or  if  for  any  rea- 
son it  is  impossible  to  determine  the  voter's  choice 
for  any  office  to  be  filled,  his  ballot  shall  not  be 
counted  for  such  office.  [Amendment  approved 
March  20,  1891;  Stats.  1891,  p.  176.  In  effect  July 
1,  1891.] 

§  1212.  Any  person  entitled  to  vote  at  a  gen- 
eral election  held  within  this  State  shall,  on  the 
day  of  such  election,  be  entitled  to  absent  himself 
from  any  service  or  employment  in  which  he  is 
then  engaged  or  employed  for  the  period  of  two 
consecutive  hours.  betAveen  the  time  of  opening 
and  the  time  of  closing  the  polls;  and  such  voter 
shall  not.  because  of  so  absenting  himself,  be  lia- 
ble to  any  penalty,  nor  shall  any  deduction  be 
made  on  account  of  such  absence  from  his  usual 
salarv  or  wages.  [Amendment  approved  March 
20.  1891;  Stats.  1891,  p.  170.  In  effect  July  1, 
1891.] 

§  1213.  No  person  shall  falsely  make  or  fraud- 
ulently deface  or  destroy  any  certificate  of  nom- 


251        Election  Tickets  and  Ballots.  §§  1214,  1215 

iuation,  or  any  part  thereof,  or  file  any  certificate 
of  nomination,  linowing  the  same,  or  any  part 
thereof,  to  be  falsely  made,  or  suppress  any  certi- 
ficate of  nomination  which  has  been  duly  filed,  or 
any  part  thereof,  or  to  malve,  use,  keep,  or  fur- 
nish to  others,  except  as  in  this  code  so  directed, 
any  paper  water-mark  in  imitation  of  ballot  pa- 
per, or  disclose  the  same  to  any  person  not  en- 
gaged in  making,  printing,  or  distributing  of  bal- 
lot paper  or  ballots.  [New  section  added  March 
20,  1891;  Stats.  1891,  p.  178.  In  effect  July  1, 
1891.] 

§  1214.  No  person  shall,  during  an  election,  re- 
move or  destroy  any  of  the  supplies  or  other  con- 
veniences placed  in  the  voting-booths  or  com- 
partments, as  provided  in  this  Code,  for  the  pur- 
pose of  enabling  the  voter-  to  prepare  his  ballot. 
No  person  shall,  during  an  election,  remove,  tear 
down,  or  deface  the  cards  printed  for  the  instruc- 
tion of  voters.  [New  section  added  March  20, 
1891;  Stats.  1891,  p.  178.    In  effect  July  1,  1891.] 

§  1215.  No  officer  of  election  shall  disclose  to 
any  person  the  name  of  any  candidate  for  whom 
any  elector  has  voted.  No  olficer  of  election,  nor 
any  person,  shall  do  any  electioneering  on  elec- 
tion day  within  one  hundred  feet  of  any  polling- 
place.  No  person  sliall  remove  any  ballot  from 
any  polling-place  before  the  closing  of  the  poll. 
No  person  shall  apply  for  or  receive  any  ballot  at 
any  election  precinct  other  than  tliat  in  which  he 
is  entitled  to  vote.  No  person  shall  show  his  bal- 
lot after  it  is  marked  to  any  person  in  such  a 
Avay  as  to  reveal  tlie  contents  thereof,  or  the 
name  or  names  of  the  candidate  or  candidates  for 
whom  he  lias  marked  his  ballot;  nor  shall  any 
person,  except  a  member  of  the  board  of  elec- 
■  tion,  receive  from  any  voter  a  ballot  prepared  by 
such  voter,  or  examine  such  ballot,  or  solicit  the 
voter  to  show  the  same.  No  person  shall  ask  an- 
otlier  at  a  polling-place  for  whom  he  intends  to 
vote.  No  voter  shall  receive  a  ballot  from  any 
other  person  than  one  of  the  ballot  clerks;  nor 
shall  any  other  person  than  a  ballot  clerk  deliver 
a  ballot  to  such  voter.  No  voter  shall  deliver  to 
the  board  of  election,  or  to  any  member  thereof. 


§  121G        Election  Tickets  and  Ballots.  27^2 

any  ballot  other  than  the  one  he  has  received 
from  the  ballot  clerk.  No  voter  shall  place  any 
mark  upon  his  ballot  by  which  it  may  be  after- 
ward identified  as  the  one  voted  by  him.  No  per- 
son shall  solicit  a  vote  or  speak  to  a  voter  on 
the  subject  of  marking  his  ticket  within  one 
hundred  feet  of  the  polling  place.  [New  sec- 
tion added  March  20,  1891;  Stats.  1891,  p.  ITS.  In 
effect  July  1,  1891.] 

§  1216.  In  all  coimties  and  cities  and  counties 
in  this  State  having  a  registrar  of  voters  and  a 
board  of  election  commissioners,  the  powers  con- 
ferred and  the  duties  imposed  by  this  Code  upon 
the  county  clerics  and  other  officers,  in  relation  to 
matters  of  election  and  polling  places,  shall  be  ex- 
ercised and  performed  by  such  registrar  of  voters 
and  board  of  election  commissioners,  and  all  cer- 
tificates of  nomination  required  by  this  Code  to 
be  made  to  county  clerks  shall  be  made  to  the 
registrar  of  voters.  [New  section  added  March 
20,  1891:  Stats.  1891,  p.  178.  In  effect  July  1, 
1891.] 


253  Voting  and  Challenges,  §8  1224.  1225 

CHAPTER  IX. 

VOTING  AND   CHALLENGES: 

§  1224.  Voting,  when  to  commence  and  continue. 

§  1225.  Manner   of  voting. 

§  1226.  Announcement   of   voter's   name,    etc. 

§  1227.  Putting   ballot  in    box. 

§  1228.  Record  that  person  has  voted,   how  kept. 

§  1229.  Same. 

§  1230.  Grounds   of   challenge. 

§  1231.  Proceedings   on   challenge   for   want   of   identity. 

?  1232.  Same,   on  challenge  for  nonresidence  in   State. 

§  1233.  Same,   on  challenge  for  nonresidence  in  precinct. 

§  1234.  Same,  on  challenge  for  having  before  voted. 

§  1235.  Same,  for  conviction  of  crime  or  defalcation. 

§  1236.  Challenges,    how   determined. 

§  1237.  Same. 

§  1238.  If  person  refuses  to  be  sworn,  vote  to  be  rejected. 

§  1239.  Rules   for   the    determination   of   questions    of   resi- 
dence. 

§  1240.  Term  of  residence,   how  computed. 

§  1241.  Rules  must  be  read,  if  requested. 

§  1242.  Proceedings  upon  determination  of  challenge. 

§  1243.  List  of  challenges  to  be  kept. 

§  1224..  Voting  may  commence  as  soon  as  the 
polls  are  opened,  and  may  be  continued  during 
all  the  time  the  polls  remain  open. 

§  1225.  The  person  offering  to  vote  must  hand 
his  ballot  to  the  inspector,  or  to  one  of  the  judges 
acting  as  inspector,  and  announce  his  name  and 
the  number  affixed  to  it  on  the  register  in  use  at 
the  precinct  where  he  offers  his  vote;  provided, 
that  in  incorporated  cities  and  towns  the  said 
person  shall  also  give  the  name  of  the  street,  ave- 
nue, or  location  of  his  residence,  and  the  number 
thereof,  if  it  be  numbered,  or  such  clear  and  defi- 
nite description  of  the  place  of  such  residence  as 
shall  definitely  fix  the  same.  fAmendment  ap- 
proved March  .30,  1878;  Amendments  1877-8,  p. 
26.  In  effect  in  sixty  das^s.  See  note  to  sec. 
1227.] 

Announce  his  number— not  required  at  special 
elections:  See  sec.  5  of  Act  in  Stats.  1878,  p.  78. 

Register  in  use — printed  copies  to  be  posted:  Sec. 
1149;  copies  not  to  be  torn  or  defaced:  Sec.  1150. 
Pol.  Code— 22. 


§§  1226,  1227  Voting  and  Challenges.  254 

Register  number:  See  sec.  1149,  ante. 

Election  and  registration  law  for  San  Francis- 
co: See  act  creating  board  of  election  commis- 
sioners, etc.,  Stats.  1878,  p.  299. 

§  1226.  The  inspector,  or  judge  acting  as  such, 
must  receive  the  ballot,  and  before  depositing  it 
in  the  ballot-box  must,  in  an  audible  tone  of  voice, 
announce  the  name  and  register  number;  pro- 
vided, that  in  incoi*porated  towns  and  cities  the 
said  inspector,  or  judge  acting  as  such,  shall  also 
announce  the  residence  of  the  person  voting,  and 
the  same  shall  be  recorded  on  the  poU  list  by  the 
poll  clerlj.  [Amendment  approved  March  30. 
1878;  Amendments  1877-8,  p.  26.  In  effect  in  six- 
ty days.    See  note  to  sec.  1227.] 

Amendment  1878 — not  to  affect  local  law  for 
San  Francisco,  described  in  note  to  see.  1225. 

§  1227.  If  the  name  be  found  on  the  register 
in  use  at  the  precinct  where  the  vote  is  offered, 
and  the  vote  is  not  rejected  upon  a  challenge 
talien,  the  inspector,  or  judge  acting  as  such, 
must,  in  the  presence  of  the  board  of  election, 
place  the  ballot,  without  opening  or  examining 
the  same,  in  the  ballot-box;  and  no  person  shall 
be  allowed  to  vote  whose  name  is  not  on  said  reg- 
ister in  use  at  the  precinct.  [Amendment  ap- 
proved March  30,  1878;  Amendments  1877-8,  p.  26. 
In  effect  in  sixty  days.] 

[Note.— The  act  of  March  30,  1878,  amends  sec- 
tions 1225,  1226,  1227,  1228,  1094,  and  1113,  and 
adds:  Before  tlae  fifth  day  of  August,  in  each 
year  in  which  there  shall  be  a  general  or  Presi- 
dential election,  each  county  clerk  must  make  a 
copy  of  the  uncanceled  entries  existing  on  the 
Great  liegister  on  the  preceding  first  day  of  Au- 
gust. The  Board  of  Supervisors  of  any  county 
may,  by  order,  i^rovide  for  the  preparation  and 
distribution  of  township  or  precinct  registers  for 
each  township,  instead  of  copies  of  the  Great 
Register.  For  the  purposes  of  registration  and 
preparation  of  a  new  Great  Register,  or  of  town- 
ship or  precinct  registers  aud  copies  thereof,  if 
ordered  by  the  Board  of  Supervisors,  the  Coun- 
ty  Clerk   must  employ   such   assistants,   and   for 


255  \'otiiig  and  Challenges.    §§  1228-1230 

such  times,  and  at  such  compensation,  as  shall, 
from  time  to  time,  be  authorized  by  said  Board, 
which  shall  be  paid  out  of  the  County  Treasury. 
Such  order  may  be  repealed  and  re-enacted  as  of- 
ten as  the  Board  of  Supervisors  may  deem  expe- 
dient.   But  for  later  enactment,  see  sec.  1113.] 

The  act  containing  the  last  above  three  amend- 
ments provided  that  nothing  therein  contained 
should  be  construed  to  repeal  any  special  election 
or  registration  law  applicable  to  the  city  and 
county  of  San  Francisco  alone,  but  should  be  con- 
strued as  if  it  had  been  passed  prior  thereto. 

See  ante,  sec.  1117,  and  statutes  following;  and 
sec.  1191,  and  statute. 
Challenge:  See  sees.  1230  et  seq. 

§  1228.  When  the  ballot-  has  been  placed  in 
the  box,  one  of  the  judges  must  write  the  word 
"Voted"  opposite  the  number  of  the  person  on 
the  printed  copy  of  the  register.  [Amendment 
approved  April  16,  1880;  Amendments  1880,  p.  80. 
In  effect  April  10,  1880.] 

Printed  copy  of  register:  Sec.   1115. 

Write  the  word  "Voted" — letter  "V"  may  be 
substituted  at  special  elections:  See  sec.  3  of  Act 
in  Stats.  1878,  p.  73. 

In  reference  to  record  of  voting  in  cases  of  spe- 
cial elections:  See  ante,  see.  1117. 

§  1229.  Each  Clerk  must  keep  a  list  of  persons 
voting,  and  the  name  of  eacli  person  who  votes 
must  be  entered  thereon  and  numbered  in  the  or- 
der of  voting. 

Official  entry  as  prima  facie  evidence  of  facts 
stated  therein:  Code  Civ.  Proc,  sec.  1926. 

§  1230.  A  person  offering  to  vote  may  be  oral- 
ly challenged  by  any  elector  of  the  county  upon 
either  or  all  of  the  following  grounds: 

1.  Tliat  he  is  not  the  person  whose  name  ap- 
pears on  the  register. 

2.  That  he  has  not  resided  within  the  State 
one  j'ear  next  preceding  the  election. 

3.  That  he  has  not  been  a  naturalized  citizen 


§§  1231, 1232     Voting-  and  Challenges.  256 

of  the  United  States  for  ninety  days  prior  to  the 
election. 

4.  That  he  has  not  resided  within  the  county 
for  ninety  days  preceding  the  election. 

5.  That  he  has  not  resided  within  the  precinct 
for  thirty  days  next  preceding  the  election. 

6.  That  he  has  before  voted  that  day. 

7.  That  he  has  been  convicted  of  an  infamous 
crime. 

8.  That  he  has  been  convicted  of  the  embez- 
zlement or  misappropriation  of  public  money. 
[Amendment  approved  April  16,  1880;  Amend- 
ments 1880,  p.  80.     In  effect  April  16,  1880.] 

Section  conforms  to  requirements  of  section 
1083,  as  amended  1880. 

List  of  challenges  to  be  kept:  Sec.  1243. 

Subd.  1.  Identitv:  See.  sees.  1231,  1236,  subd.  1, 
1237. 

Subd.  2.  One  year's  residence  in  State:  See 
sees.  1232,  1237.  Residence  for  voting  purposes, 
rules  for  determining  place  of:  Sec.  1239. 

Subd.  3.  Naturalization  for  ninety  days:  See 
sec.  1083  and  notes;  also  see  sec.  1237. 

Subd.  4.  Ninetv  days'  residence  in  county:  See 
sees.  1083,  1233,  1237,  1239. 

Subd.  6.  Previous  voting:  See  sees.  1234,  1236, 
subd.  2. 

Subd.  7.  Conviction  for  infamous  crime:  See 
sees.  1084,  1235,  3237. 

Subd.  8.  Conviction  for  embezzlement,  etc.:  See 
sees.  1084,  1235,  1237. 

§  1231.  If  the  challenge  is  on  the  ground  that 
he  is  not  the  person  whose  name  appears  on  the 
Great  Register,  the  Inspector  must  tender  him 
the  following  oath: 

"You  do  swear  [or  affirm]  that  you  are  the 
person  whose  name  is  entered  on  the  Great  Reg- 
ister." 

Taking  the  oath  tendered  determines  challenge 
in  favor  of  party  challenged:  Sec.  1236,  subd.  1. 
Necessity  of:  Sec.  1237.  Refusal  bars  vote:  Sec. 
1288.    See  also  Penal  Code,  sec.  43. 

§  1232.  If  the  challenge  is  on  the  ground  that 
he  has  not  resided  in  the  State  for  one  year  next 
preceding    the     election,    the    person     challenged 


257  Voting  and  Challenges.  §  123o 

must  be  sworn  to  answer  questions,  and  after  he 
is  sworn  the  following  questions  must  be  pro- 
pounded to  him  by  the  Inspector: 

1.  Have  you  resided  in  this  State  for  one  year 
immediately  preceding  this  election? 

2.  Have  you  been  absent  from  this  State  with- 
in one  year  immediately  preceding  this  election? 
If  yes,  then, 

3.  When  you  left  did  you  leave  for  a  temporary 
purpose,  with  the  design  of  returning,  or  for  the 
purpose  of  remaining  away? 

4.  Did  you,  while  absent,  regard  this  State  as 
your  home? 

5.  Did  you,  while  absent,  vote  in  any  other 
State? 

And  such  other  questions  as  may  be  necessary 
to  a  determination  of  the  challenge.  [Amend- 
ment approved  April  16,  1880;  Amendments  1880, 
p.  81.    In  effect  April  16,  1880.] 

Before  administering  oath— rules  may  be  read: 
Sec.  1241. 

Refusal  to  be  sworn  or  to  answer  questions  is 
misdemeanor:  Penal  Code,  sec.  43;  and  bars  vote: 
Sec.  1238  of  this  Code. 

Place  of  residence  of  elector,  rules  for  determin- 
ing: Sec.  1239. 

Challenge  tried  and  determined  by  Board  of 
Election  at  time  of  challenge:  Sec.  1237;  proceed- 
ings after:  Sec.  1242. 

§  1233.  If  the  challenge  is  on  the  ground  that 
he  has  not  resided  in  the  county  for  ninety  days, 
or  precinct  for  thirty  days  next  preceding  the 
election,  the  person  challenged  must  be  sworn  to 
answer  questions,  and  after  he  is  sworn,  the  fol- 
lowing questions  must  be  propounded  to  him  by 
the  Inspector: 

1.  When  did  you  last  come  into  this  county  or 
election  precinct? 

2.  When  you  came  into  this  county  or  precinct, 
did  you  come  for  a  temporary  purpose,  merely,  or 
for  the  purpose  of  making  it  your  home? 

3.  Did  you  come  into  this  county  or  precinct 
for  tlie  purpose  of  voting  here? 

And  such  otlier  questions  as  may  be  necessary 
to  a  determination  of  the  challenge.  [Amend- 
ment approved  April  16.  1880;  Amendments  1880, 
p.  81.    In  effect  April  16,  1880.] 


§§  1234-1239      Voting  and  Challenges.  258 

§  1234.  If  the  challenge  is  on  the  ground  that 
the  person  challenged  has  before  voted  that  day, 
the  Inspector  must  tender  to  the  person  challeng- 
ed this  oath: 

"You  do  swear  [or  affirm]  that  you  have  not 
before  voted  this  day." 

Taking  the  oath  tendered— defeats  challenge: 
Sec.  1236,  subd.  2.    Kefusal  bars  vote:  Sec.  123S. 

Voting  twice,  or  oftener,  is  felony:  Penal  Code, 
sec.  45;  attempt  is  misdemeanor:  Penal  Code,  sec. 
4tj. 

§  1235.  If  the  challenge  is  on  the  ground  that 
the  person  challenged  has  been  convicted  of  an 
infamous  crime,  or  that  he  has  been  convicted 
of  the  embezzlement  or  misappropriation  of  pub- 
lic money,  he  must  not  be  questioned,  but  the 
fact  may  be  proved  by  the  production  of  an  au- 
thenticated copy  of  the  record,  or  by  the  oral  tes- 
timony of  two  witnesses.  [Amendment  approved 
April  Hi,  1880;  Amendments  1880,  p.  81.  In  ef- 
fect April  10,  1880.] 

§   1236.    Challenges  upon  the  grounds  either: 

1.  That  the  person  challenged  is  not  the  person 
whose  name  appears  on  the  Great  Register; 

2.  That  the  party  has  before  voted  on  that 
day,  are  determined  in  favor  of  the  party  chal- 
lenged by  his  taliing  the  oath  tendered. 

§  1237.  If  the  challenge  is  on  the  ground  that 
the  person  challenged  is  not  the  person  whose 
name  appears  on  the  Great  Registei',  he  must 
talie  the  oath  tendered  by  the  Board.  Challenges 
for  causes  other  than  those  specified  in  the  pre- 
ceding section  must  be  tried  and  determined  by 
the  Board  of  Election  at  the  time  of  the  challenge. 
[Amendment  approved  April  16.  1880;  Amend- 
ments 1880,  p.  81.    In  effect  April  16,  1880.] 

§  1238.  If  any  pei-son  challenged  refuses  to 
talie  the  oaths  tendered,  or  refuses  to  be  sworn 
and  to  answer  the  questions  touching  the  matter 
of  residence,  he  must  not  be  allowed  to  vote. 

Refusal  to  be  sworn  or  to  answer  questions  is 
misdemeanor:  Penal  Code,  sec.  43. 

§  1239.    The  Board  of  Election,  in  determining 


259  Voting  and  Challenges.  §  1239 

the  place  of  residence  of  any  person,  must  be  gov- 
erned by  the  following  rules,  as  far  as  they  are 
applicable: 

1.  That  place  must  be  considered  and  held 
to  be  the  residence  of  a  person  in  which  his  hab- 
itation is  fixed,  and  to  which,  whenever  he  is  ab- 
sent, he  has  the  intention  of  returning; 

2.  A  person  must  not  be  held  to  have  gained 
or  lost  residence  by  reason  of  his  presence  or  ab- 
sence from  a  place  while  employed  iii  the  service 
of  the  United  States,  or  of  this  State,  nor  while 
engaged  in  navigation,  nor  while  a  student  at  any 
institution  of  learning,  nor  while  kept  in  an  alms- 
house, asylum,  or  prison; 

3.  A  person  must  not  be  considered  to  have 
lost  his  residence  who  leaves  his  home  to  go  into 
another  State,  or  precinct  in  this  State,  for  tem- 
porary purposes  merely,  with  the  intention  of  re- 
turning; 

4.  A  person  must  not  be  considered  to  have 
gained  a  residence  in  any  precinct  into  which  he 
comes  for  temporary  purposes  merely,  without 
the  intention  of  malving  such  precinct  his  home; 

5.  If  a  person  remove  to  another  State  with 
the  intention  of  mailing  it  his  residence,  he  loses 
his  residence  in  this  State; 

6.  If  a  person  remove  to  another  State  with 
the  intention  of  remaining  there  for  an  indefinite 
time,  and  as  a  place  of  present  residence,  he  loses 
his  residence  in  this  State,  notwithstanding  he 
entertains  an  intention  of  returning  at  some  fu- 
ture period; 

7.  The  place  where  a  man's  family  resides 
must  be  held  to  be  liis  residence;  but  if  it  be  a 
place  for  temporary  establishment  for  his  family, 
or  for  transient  objects,  it  is  otherwise; 

8.  If  a  man  have  a  family  fixed  in  one  place, 
and  he  does  business  in  another,  tlie  former  must 
be  considered  his  place  of  residence;  but  any  man 
having  a  family,  and  who  has  taken  up  his  abode 
with  the  intention  of  remaining,  and  whose  fam- 
ily does  not  so  reside  with  him,  must  be  regarded 
as  a  resident  where  he  has  so  taken  up  his  abode; 

9.  The  mere  intention  to  acquire  a  new  resi- 
dence, without  the  fact  of  removal,  avails  noth- 
ing; neither  does  tlie  fact  of  removal,  without  the 
intention.       [Amendment     approved     March     27, 


§§  1240-1243     Voting  and  Challenges.  260 

1897;  Amendments  1897,  cb.  cxxxi.  In  effect  im- 
mediately.] 

Questions  as  to  residence:  Sees.  1232,  1233. 

Compare  with  this  section— rules  for  determin- 
ing place  of  residence  generally:  Sec.  52. 

Term  of  residence,  how  computed:  Sec.  1240. 

Subd.  2.  Constitutional  basis:  See  Const.  Cal., 
art.  2,  sec.  4. 

§  1240.  The  term  of  residence  must  be  com- 
puted by  including  the  day  on  which  the  person's 
residence  commenced,  and  by  excluding  the  day 
of  the  election. 

§  1241.  Before  administering  an  oath  to  a  per- 
son touching  his  place  of  residence,  the  Inspector 
must,  if  requested  by  any  person,  read  to  the 
person  challenged  the  rules  prescribed  by  sec- 
tions 1238  and  1239. 

Oath  touching  place  of  residence:  Sees.  1232, 
1233. 

§  1242.  If  the  challenge  is  determined  against 
the  person  offering  to  vote,  the  ballot  oft'ered 
must,  without  examination,  be  returned  to  him; 
if  determined  in  his  favor,  the  ballot  must  be  de- 
posited in  the  ballot-liox. 

§  1243.  The  Board  must  cause  one  of  the 
Clerlis  to  lieep  a  list,  showing: 

1.  The  names  of  all  persons  challenged; 

2.  The  grounds  of  such  challenges; 

3.  The  determination  of  the  Board  upon  the 
challenge. 


2(il  Returning  the  Vote.      §§  1252,1253 

CHAPTER   X. 

CANVASSING   AND    RETURNING    THE    VOTE. 

ii  1252.    Canvass   to  be   public   and   without   adjournment. 

S  12i)3.     Canvass,  how  commenced. 

§  1254.  Ballots  must  be  made  to  agree  with  names  on  the 
.     list. 

§  1255.     Same. 

§  1256.     Same. 

S  1257.    Counting   the  votes. 

§  12.58.    Tallies. 

§  1259.  Tickets  to  be  strung  and  inclosed  in  sealed  envel- 
opes. 

§  1260.     Return  list. 

§  12G1.     Certain   papers   to  be  sealed  up. 

§  1262.    Inspector  to  keep  certain-  papers. 

§  1263.  Returns  and  ballots  to  be  delivered  to  a  member 
of   the   Board. 

S  1264.    Must  be  delivered  to  County  Clerk. 

§  1265.    Clerk   to   keep   ballots   unopened. 

§  1266.  When  package  containing  ballots  may  be  destroy- 
ed; when  opened. 

§  1267.    Returns  to  be  delivered  by  Clerk  to  Supervisors. 

§  1238.  Copy  of  Register  to  be  filed  in  County  Clerk's 
office. 

§  1252.  As  soon  as  the  polls  are  finally  closed 
the  judges  must  immediately  proceed  to  canvass 
the  votes  given  at  such  election.  The  canvass 
must  be  public,  in  the  presence  of  bystanders, 
and  must  be  continued  without  ad.iournment  un- 
til completed  and  the  result  thereof  is  declared. 

§  1253.  The  canvass  must  be  commenced  by 
taking  out  of  the  box  the  ballots  unopened  (ex- 
cept so  far  as  to  ascertain  whether  each  ballot 
is  single),  and  counting  the  same  to  ascertain 
whether  the  number  of  ballots  corresponds  with 
the  number  of  names  on  the  list  of  voters  kept  by 
the  clerks.  In  the  city  and  county  of  San  Fran- 
cisco, at  the  closing  of  the  polls,  the  Inspector 
must  administer  to  the  additional  members  of 
the  Board  of  Canvassers  the  oath  prescribed  in 
section  one  thousand  one  hundred  and  forty-eight, 
and  likewise  to  two  clerks  appointed  by  such  ad- 
ditional members.  He  must  then  proceed  to  take 
out  of  the  box  the  ballots,   unopened,   one  at  a 


§§  1254-125(;       Eetnriiiu,2;   the   Vote.  262 

time,  numbering  them  on  the  backs  in  numerical 
order,  commencing  with  number  one,  and  writ- 
ing with  ink  the  initials  of  his  own  name  upon 
the  back  of  each  ballot  as  taken  out.  He  shall 
pass  each  ballot,  as  soon  as  thus  indorsed,  to  the 
additional  Inspector,  who  must,  in  like  manner, 
write  thereon  the  initials  of  his  own  name,  so 
that  each  ballot  can  be  subsequently  identified  by 
either  or  both  such  Inspectors.  [Amendment  ap- 
proved March  30,  1874;  Amendments  1873-4,  .p.  28. 
In  effect  July  6,  1874.] 
List  of  voters:  Sec.  1229. 

§  1254.  If  two  or  more  separate  ballots  are 
found  so  folded  together  as  to  present  the  appear- 
ance of  a  single  ballot,  they  must  be  laid  aside 
until  the  count  of  the  ballots  is  completed,  then,  if 
upon  comparison  of  the  count  Avith  the  number 
of  names  of  electors  on  the  list  which  have  been 
kept  by  the  clerks,  it  appears  that  the  two  ballots 
thus  folded  together  were  cast  by  one  elector, 
they  must  be  rejected.  [Amendment  approved 
March  30,  1874;  Amendments  1873-4,  p.  29.  In  ef- 
fect July  6,  1874.] 

§  1255.  The  ballots  must  be  immediately  re- 
placed in  the  box,  and  if  the  ballots  in  the  box 
exceed  in  number  the  names  on  the  lists,  one  of 
the  judges  must  publicly,  and  without  looking  in 
the  box,^  draw  out  therefrom  singly,  and  destroy, 
unopened,  a  number  of  ballots  equal  to  such  ex- 
cess; and  the  Board  of  Election  must  make  a  rec- 
ord, upon  the  poll  list,  of  the  number  of  ballots  so 
drawn  and  destroyed.  In  the  city  and  county  of 
San  Francisco  the  numbers  appearing  on  the 
backs  of  the  ballots  so  drawn  must  likewise  be 
recorded.  [Amendment  approved  March  30.  1874; 
Amendments  1873-4,  p.  29.    In  effect  July  6,  1874.] 

§  1256.  The  number  of  ballots  agreeing  or  be- 
ing thus  made  to  agree  with  the  number  of 
names  on  the  lists,  the  lists  must  be  signed  by 
the  members  of  the  board  and  attested  by  the 
clerks,  and  the  number  of  names  thereon  must 
be  set  down  in  words  and  figures  at  the  foot  of 
each  list,  and  over  the  signatures  of  the  judges 
and  the  attestation  of  the  clerks,  substantially  in 
the  form  prescribed  in  section  1174. 


203  Returning  the  Vote.       §§  1257-1259 

§  1257.  After  the  lists  are  thus  signed,  the 
board  must  proceed  to  open  the  ballots,  and 
count  and  ascertain  the  number  of  votes  cast  for 
each  person  voted  for.  At  all  elections  where  a 
general  ticket  and  a  municipal  ticket  are  used, 
the  canvass  of  the  general  ticket  shall  be  com- 
pleted before  the  canvass  of  the  municipal  ticket 
is  commenced.  All  the  ballots  must  be  taken  out 
of  the  ballot-box,  one  at  a  time,  and  opened  by 
one  of  the  members  of  the  board,  and  so  taken 
out  by  one  of  the  board,  and  the  name  of  each 
person  marked  in  the  ballots  as  voted  for  shall 
be  distinctly  read  in  connection  with  the  office 
for  which  he  is  a  candidate.  After  the  ballots 
have  been  so  counted,  and  an  official  record,  as 
hereinbefore  mentioned,  made,  immediately  there- 
after all  the  ballots,  when  read,  must  be,  by  one  of 
the  judges,  strung  upon  a- string.  All  ballots  re- 
jected for  illegality  must  be  indorsed  upon  the 
ballot  the  causae  of  such  rejection,  and  signed  by 
a  majority  of  the  election  board,  and  thereafter 
strung  upon  a  string.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  308.  In  effect  im- 
mediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  17G. 

§  1258.  Each  clerk  must  write  down  each  of- 
fice to  be  filled,  and  the  name  of  each  person 
marked  in  each  ballot  as  voted  for  to  fill  such  of- 
fice, and  keep  the  number  of  votes  by  tallies,  as 
they  are  read  aloud.  Such  tallies  must  be  made 
with  pen  and  ink,  and  immediately  upon  the  com- 
pletion of  the  tallies  the  clerks  who  respectively 
complete  the  same  must  draw  two  heavy  lines  in 
ink  from  the  last  tally  mark  to  the  end  of  the  line 
in  which  such  tallies  terminate,  and  also  write  the 
initials  of  the  person  making  the  last  tally  in  such 
line.  [Amendment  approved  March  28,  1895; 
Stats.  1895,  p.  307.    In  effect  March  28,  1895.] 

§  1259.  The  ballot,  as  soon  as  the  names  mark- 
ed on  it  as  voted  for  are  read,  must  be  strung  on 
a  string  by  one  of  the  judges,  and  must  not  there- 
after be  examined  by  any  person,  but  must,  as 
soon  as  all  are  counted,  be  carefully  sealed  in  a 
strong  envelope,  each  member  of  the  board  writ- 
ing his  name  across    the    seal.     [Amendment    ap- 


§§  1260-1264       Returning  the  Vote.  264 

proved  March  20,  1891;  Stats.  1891.  p.  177.     In  ef- 
fect July  1,  1891.] 

§  1260.  As  soon  as  all  the  votes  are  counted 
and  the  tickets  sealed  up,  lists  must  be  attached 
to  the  tally  lists,  containing  the  names  of  persons 
voted  for  and  for  what  office,  and  the  number  of 
votes  given  for  each  candidate,  the  number  being 
written  at  full  length,  and  such  lists  must  be  sign- 
ed by  the  members  of  the  board,  and  attested  by 
the  clerks,  substantially  in  the  form  in  section 
1174  given. 

§  1261.  The  board  must,  before  it  adjourns,  in- 
close in  a  cover,  and  seal  up  and  direct  to  the 
County  Clerk,  the  copy  of  the  register  upon 
which  one  of  the  judges  marked  the  word  "Vot- 
ed" as  the  ballots  were  received,  all  certificates 
of  registration  received  by  it,  one  of  the  lists  of 
the  persons  challenged,  one  copy  of  the  list  of 
voters,  and  one  of  the  tally  lists  and  lists  attached 
thereto.  [Amendment  approved  March  30.  1S74: 
Amendments  1873-4,  p.  29;  in  effect  July  6,  1874.] 

§  1262.  The  Inspector  must  retain,  open  to  the 
inspection  of  all  electors,  for  at  least  six  months, 
the  other  list  of  voters,  tally  list,  and  list  attached 
thereto.  [Amendment  approved  March  30,  1874: 
Amendments  1873-4,  p.  30;  in  effect  July  6.  1874.] 

§  1263.  The  se.Tled  packages  containing  the 
register,  lists,  papers,  and  ballots,  must,  before  the 
Board  adjourns,  be  delivered  to  one  of  its  number, 
to  be  determined  by  lot.  unless  otherwise  agreed 
upon. 

§  1264.  The  member  to  whom  such  packages 
are  delivered  must,  without  delay,  deliver  sucli 
packages,  without  their  having  been  opened,  to  the 
county  clerk,  nearest  postmaster,  or  sworn  express 
agent,  who  shall  indorse  on  such  package  the  name 
of  the  p.nrty  delivering  them,  and  date  of  such  de- 
livery. If  delivered  to  a  postmaster  or  express 
agent,  such  postmaster  or  express  agent  shall  for- 
ward the  paeka.ges  by  the  first  mail  or  express 
to  the  county  seat.  In  the  city  and  coun- 
ty of  San  Francisco  such  packages  must 
lie  delivered  to  the  county  clerk  within  tliree 
liours     from  the  time     of     adjournment     of     the 


265  Returning  tbe  Vote.  §  1265 

board,  which  time  of  adjournment  must  be 
indorsed  upon  such  pacl^age  and  upon  each 
poll  list,  in  ink,  and  signed  by  a  majority  of 
the  members  of  such  board.  In  the  city  and 
county  of  San  Francisco  the  packages  must  be 
put  up  and  sealed  in  the  following  manner,  by  an 
inspector  and  at  least  three  others  of  the  board, 
and  be  signed  with  their  respective  signatures, 
across  the  same,  written:  One  package  to  contain 
the  ballots  only;  one  package  to  contain  one  tally 
list  and  list  attached,  only;  one  package  to  con- 
tain the  ward  register  and  certiflcates  of  registra- 
tion issued  by  the  county  clerk  after  making  up 
the  ward  register,  and  received  at  the  polls. 
[Amendment  approved  March  2.3,  189.3;  Stats. 
1893,  p.  308;  in  effect  immediately.] 

§  1265.  On  receipt  of  the  packages,  the  clerk 
must  file  the  one  containing  ballots,  and  must  keep 
it  unopened  and  unaltered  for  twelve  months,  after 
which  time,  if  there  is  not  a  contest  commenced  in 
some  tribunal  having  jurisdiction  about  such  elec- 
tion, he  must  burn  the  package  without  opening  or 
examining  its  contents;  provided,  however,  that 
after  the  time  limited  for  a  contest,  and  in  the 
event  any  contests  have  been  commenced,  then, 
after  said  ballots  have  been  opened  and  counted 
by  the  superior  court  in  said  contests,  a  jvidge  of 
the  superior  court  of  the  county  wherein  said  bal- 
lots were  voted  may  order  said  packages  to  be 
opened  for  inspection  in  any  case  being  tried  in 
his  court,  where  he  has  jurisdiction  of  the  same, 
whenever  he  shall  deem  it  necessary  to  inspect  the 
ballots  contained  in  said  packages  in  order  to  pro- 
duce testimony  to  establish  the  proof  of  any  mate- 
rial issue  of  fact  arising  in  the  course  of  the  trial 
of  said  case.  In  no  event  shall  the  said  packages, 
or  any  of  them,  or  the  ballots  contained  therein, 
be  taken  from  the  custody  of  the  county  clerk. 
Whenever  said  packages,  or  any  of  them,  shall 
have  been  inspected  and  examined,  and  a  record 
made  of  the  testimony  therein  contained,  the  same 
shall  be  restored  to  the  exclusive  control  and  cus- 
tody of  the  county  clerk,  who  shall  reseal  the 
packages  with  the  ballots  contained  therein,  and 
keep  the  same  until  he  shall  burn  them,  in  accord- 
ance Avith  the  directions  of  this  section.  [Amend- 
Pol.  Code— 23. 


§§  1266-1268      Returning  the   Vote.  266 

ment  approved  March  23,  1893:  Stats.  1893,  p.  308. 
In  effect  immediately.] 

Contest:  See  Code  Civ.  Proc,  sees.  1111-1127. 

Sealing  and  stringing  ballots :  See  sec.  12.59,  ante. 

§  1266.  If  within  twelve  months  there  is  such 
a  contest  commenced,  he  must  keep  the  pacliage 
unopened  and  unaltered  until  it  is  finally  detei'- 
mined,  when  he  must,  as  provided  in  the  preced- 
ing section,  destroy  it.  unless  such  package  is,  by 
virtue  of  an  order  of  the  tribunal  in  which  the 
contest  is  pending.  l>rought  and  opened  befoi'e  it, 
to  the  end  that  evidence  may  be  had  of  its  con- 
tents, in  which  event  the  package  and  contents 
are  in  the  custody  of  such  tribunal. 

§  1267.  The  other  package  the  clerk  must  pro- 
duce before  the  board  of  supervisors,  when  it  is  in 
session  for  the  purpose  of  canvassing  returns. 
(See  sees.  1278-1280.) 

§  1268.  As  soon  as  the  returns  are  canvassed 
the  clerk  must  take  the  copy  of  the  register  re- 
turned and  file  it  in  his  office. 


207  Canvass  f)f   Returns.       §§  1278-1281 


CHAPTER  XI. 

CANVASS   OF  RETURNS— DECLARATION   OF   RESULT— 
C05IMISSIONS   AND   CERTIFICATES    OP   ELECTION. 

§  1278.  Meeting  of  Supervisors  to  canvass  returns. 

§  1279.  Same. 

5  1280.  Same. 

§  1281.  Canvass,  how  made. 

§  1282.  Statement   of   result   to   be    entered    of   record. 

§  1283.  Declaration   of   result. 

§  1284.  Certificates  issued  by  Cleric. 

§  1285.  District  returns,   how  made   up. 

§  1286.  How  transmitted. 

§  1287.  Duty  of  Clerks  receiving  district  returns. 

§  1288.  State  returns,   how  made. 

§  1289.  How   transmitted. 

§  1290.  Duty  of  Secretary  of   State   relative   to. 

§  1291.  Commissions  issued  by  Governor. 

§  1292.  Returns  of  election  for  Governor  and  Lieutenant- 
Governor,  how  made. 

§  1293.  How  transmitted. 

§  129-1.  Same. 

§  1295.  Same. 

§  1296.  Canvass  of  returns  of  election  for  Governor  and 
Lieutenant-Governor. 

g  1297.  Defects  in  form  of  returns,  when  to  be  disregarded. 

§  1278.  The  board  of  supervisors  of  each  coun- 
ty must  meet,  at  their  usual  place  of  meeting,  on 
the  first  Monday  after  each  election,  to  canvass 
the  returns.     [Approved  March  15,  1887.] 

§  1279.  Section  twelve  hundred  and  seventy- 
nine  of  said  Code  is  hereby  repealed.  [Approved 
March  15,  1887.1 

§  1280.  If  at  the  time  of  meeting,  the  returns 
from  each  precinct  in  the  county  in  which  polls 
were  opened  have  been  received,  the  board  must 
then  and  there  proceed  to  canvass  the  returns; 
but  if  all  the  returns  have  not  been  received  the 
canvass  must  be  postponed  from  day  to  day  until 
all  of  the  returns  are  received,  or  until  six  post- 
ponements have  been  had. 

§  1281.  The  canvass  must  be  made  in  public, 
and   by   openinc  the  returns   and   estimating  the 


§§  1282-1285      Canvass  of  Returns.  268 

vote  of  such  county  or  township  for  each  person 
voted  for,  and  for  and  against  each  proposition 
voted  upon  at  such  election,  and  declaring  the  re- 
sult thereof. 

§  1282.  The  clerlv  of  the  board  must,  as  soon 
as  the  result  is  declared,  enter  on  the  records  of 
such  board  a  statement  of  such  result,  which 
statement  must  show: 

1.  The  wliole  number  of  votes  cast  in  the  coun- 
ty: 

2.  The  names  of  the  persons  voted  for.  and  the 
propositions  voted  upon: 

3.  The  office  to  fill  which  each  person  was  voted 
for; 

4.  The  number  of  votes  given  at  each  precinct 
to  each  of  such  persons,  and  for  and  against  each 
of  such  propositions; 

5.  The  number  of  votes  given  in  the  county  to 
each  of  such  persons,  and  for  and  against  each  of 
propositions  voted  upon; 

§  1283.  The  board  must  declare  elected  the 
person  having  the  highest  number  of  votes  given 
for  each  office  to  be  filled  by  the  votes  of  a 
single  county  or  subdivision  thereof. 

Irregularities  or  defect  or  informality  in  return: 
Sec.  1297. 

§  1284.  The  county  clerk  must  immediately 
make  out  and  deliver  to  such  person  (except  to 
the  person  elected  superior  judge)  a  certificate  of 
election  signed  by  him,  and  authenticated  with 
the  seal  of  the  superior  court.  [xVmendment  ap- 
proved April  3.  1880;  Amendments  1880,  p.  20;  in 
effect  immediately;  also  approved  April  16.  1880: 
Amendments  18eS0,  p.  81;  in  effect  April  16,  1880.] 

§  1285.  When  there  are  ofl3cers.  other  than  rep- 
resentatives in  congress,  members  of  the  State 
board  of  equalization,  and  railroad  commission- 
ers voted  for,  who  are  chosen  by  the  electors  of  a 
district  composed  of  two  or  more  counties,  each 
of  the  county  clerks  of  the  counties  composing 
such  district.'  immediately  after  making  out  the 
statement  specified  in  section  twelve  hundred  and 
eighty -two,  must  make  a  certified  abstract  of  so 
much  thereof  as  relates  to  the  election  of  such 


269  Canvass  of  Returns.       §§  1286-1289 

oflicers.      [Amendment  approved   April   16,    1880; 
Amendments  1880,  p.  82;  in  effect  April  16,  1880.] 

Amendment  1880— excepted  members  Board  of 
Equalization  and  railroad  commissioners:  See 
corresponding  insertion  in  sec.  1288. 

§  1286.  The  clerk  must  seal  up  such  abstract, 
indorse  it  "Election  Retiums,"  and,  without  de- 
lay, transmit  the  same  by  mail  to  the  county 
clerk  of  the  county  which  stands  tirst  in  alphabet- 
ical arrangement  in  the  list  of  counties  composing 
such  district. 

§  1287.  The  clerk  :o  wliom  the  election  returns 
of  a  district  are  made,  must,  on  the  twentieth  day 
after  such  election,  or  sooner,  if  returns  from  all 
the  counties  in  the  district  have  been  received, 
open  in  public  such  returns,  and  from  them  and 
the  statement  of  the  vote  for  such  officers  in  his 
own  county: 

1.  Make  a  statement  of  the  vote  of  the  district 
for  such  officers,  and  file  the  same,  together  with 
the  returns,  in  his  office; 

2.  Transmit  a  certified  copy  of  such  statement 
to  the  secretary  of  state; 

3.  Make  out  and  deliver,  or  transmit  by  mail, 
to  the  persons  elected  a  certificate  of  election  (un- 
less it  is  by  law  otherwise  provided). 

§  1288.  When  there  has  been  a  general  or  spec- 
ial election  for  officers  chosen  by  the  electors  of 
the  State  at  large,  or  for  judicial  officers  (except 
justices  of  the  peace),  or  for  members  of  the  State 
board  of  equalization,  or  for  railroad  commission- 
ers, each  county  clerk,  so  soon  as  the  statement 
of  tlie  vote  of  his  covmty  is  made  out  and  entered 
upon  the  records  of  the  board  of  supervisors,  must 
make  a  certified  abstract  of  so  much  thereof  as 
relates  to  the  votes  given  for  persons  for  said 
offices  to  be  filled  at  such  election.  [Amendment 
approved  April  16.  1880;  Amendments  1880,  p.  82; 
in  effect  April  16.  1880.] 

Election  for  members  State  board  of  equaliza- 
tion and  railroad  commissioners — included  bv 
amdt.  1880.  pursuant  to  Const.  Cal.,  1879,  art.  13, 
sec.  9,  and  art.  12,  sec.  22. 

§  1289.  The  clerk  must  seal  up  such  abstract, 
indorse  it  "Election  Returns,"  and  without  delay 
transmit  it  by  mail  to  tlie  secretary  of  state. 


§§  1290-1295      Canvass  of  Returns.  270 

§  1290.  On  the  fortieth  day  after  the  day  of 
election,  or  so  soon  as  the  returns  liave  been  re- 
ceived from  all  the  counties  of  the  State,  if  re- 
ceived within  that  time,  the  secretary  of  state 
must  compare  and  estimate  the  vote,  and  make 
out  and  iile  in  his  office  a  statement  thereof, 
and  transmit  a  copy  of  such  statement  to  the  gov- 
ernor. [Amendment  approved  Api-il  16,  1880; 
Amendments  1880.  p.  82;  in  effect  April  16,  1880.] 

Amendment  1880— changed  sixtieth  day  to  for- 
tieth. 

§  1291.  Upon  receipt  of  such  copy,  the  govern- 
or must  issue  commissions  to  the  persons  who 
from  it  appear  to  have  received  the  highest  num- 
ber of  votes  for  offices,  except  that  of  governor  or 
lieutenant-governor,  to  be  filled  at  such  election. 

Except  that  of  governor  and  lieutenant-govern- 
or: See  sec.  1292,  et  seq. 

§  1292.  "When  an  election  has  been  held  to  fill 
the  office  of  governor  or  lieutenant-governor,  the 
clerk  of  each  county,  in  addition  to  the  abstract 
made  for  transmission  to  the  secretary  of  state, 
must,  as  soon  as  the  statement  of  the  vote  of  his 
county  is  made  out  and  entered  upon  the  records 
of  the  board  of  supervisors,  make  two  certified 
abstracts  of  so  much  thereof  as  relates  to  the  vote 
given  for  such  officers. 

Election  for  governor  and  lieutenant-governor: 
Const.  Cal.,  art.  5,  sees.  2,  15. 

§  1293.  The  clerk  must  .seal  up  each  abstract 
separately,  and  indorse  thereon  "Election  Returns 
for  Governor  and  Lieutenant-Governor." 

Returns  to  be  sealed:  Const.  Cal.,  art.  5,  sec.  4. 

§  1294.  He  mu.st  at  once  direct  one  copy  to 
"The  Speaker  of  the  Assembly  next  to  meet."  ad- 
dress it  to  Sacramento,  California,  and  deposit  it, 
post  paid,  in  the  post  office. 

Returns  to  be  directed — to  Speaker  of  Assembly: 
Const.  Cal.,  art  5,  sec.  4. 

§  1295.  The  other  copy  he  must  direct  and  ad- 
dress in  the  same  manner,  and  at  once  deliver  it 
to  a  member  elect  of  the  Legislature,  or  to  a  Sen- 


271  Election   for   Electors.     §§  129G-1307 

ator  who  holds  over;  and  the  person  to  whom  it  is 
so  delivered  must  deliver  it  to  the  speaker  on  or 
before  the  second  day  next  after  his  election. 

§  1296.  The  returns  of  election  for  governor 
and  lieutenant-governor  must,  during  the  first 
week  of  the  session,  be  opened,  canvassed,  and 
the  result  declared  by  the  spealver  of  the  assembly 
in  presence  of  botli  houses. 

Returns  to  be  opened — and  publislied  in  presence 
of  both  houses  of  legislature:  Const.  Cal.,  art.  5, 
sec.  4. 

§  1297.  No  declaration  of  the  result,  commis- 
sion, or  certificate  must  be  witliheld  on  account 
of  any  defect  or  informality  iu  the  return  of  any 
election,  if  it  can  with  reasonable  certainty  be  as- 
certained from  such  return  what  otfice  is  intended 
and  who  is  elected  thereto. 

Immaterial  irregularities:  See  sec.  1252. 


CHAPTER  XII. 

ELECTION  FOR  ELECTORS  OF  PRESIDENT  AND  VICE 
PRESIDENT. 

§  1307.  Electors,   when   chosen. 

§  130.8.  Returns,    how   made. 

§  1309.  How  transmitted. 

§  1310.  Messenger,   when   Clerk  may  employ. 

§  1311.  Proof  of  necessity  for  and  approval  of  appoint- 
ment   of    messenger. 

§  1312.  Compensation  of  messenger. 

§  1313.  Duties   of   Secretary  of   State   relative   to   returns. 

§  1314.  Duty  of  Governor. 

§  1315.  Meeting  of  Electors. 

§  1316.  Vacancies   in,    how   supplied. 

§  1317.  Voting  by  Electors,   and  returns. 

§  1318.  Separate   ballots   for  President  and  Vice   President. 

§  1319.  Must  make   lists   of  persons   voted  for. 

§  1320.  Result  to  be  tran.smitted  to  the  President  of  the 
United  States  Senate. 

§  1321.  Compensation  of  Electors. 

§  1322.  How  audited  and  paid. 

§  1307.    At  the  general  election  in  each  bissex- 
tile or  leap  year,  unless  by  the  laws  of  the  United 


§§  1308-1311     Election  for  Electors.  272 

States  another  time  is  fixed,  and  then  at  such 
time  thei'e  must  be  chosen  by  the  qualified  voters 
of  the  State,  as  many  electors  of  president  and 
vice-president  of  the  United  States  as  the  State 
is  then  entitled  to. 

Choosing  presidential  electors:  Const.  U.  S.,  art. 
2,  sec.  1,  and  amend.  12. 

§  1308.  The  clerlv  of  each  county,  as  soon  as 
the  statement  of  the  vote  of  his  county  at  such 
election  is  made  out  and  entered  on  the  records 
of  the  board  of  supervisors,  must  malie  a  certified 
abstract  of  so  much  thereof  as  relates  to  the 
vote  given  for  persons  for  electors  of  president 
and  vice-president  of  the  United  States. 

§  1309.  The  clerk  must  seal  up  such  abstract, 
Indorse  it  '"Presidential  Election  Returns,"  and 
without  delay  ti'ansmit  it  to  the  secretary  of  sttite 
by  mail  or  in  the  manner  hereinafter  prescribed. 

§  1310.  If  the  county  clerk  of  any  county  has 
reason  to  believe  that  the  abstract  will  not,  in  the 
due  course  of  mail,  reach  the  secretary  of  state 
before  the  time  fixed  bj'  law  for  canvassing  the  re- 
turns of  such  election,  he  may,  with  the  approv- 
al of  the  superior  judge,  employ  a  person  to  con- 
vey and  deliver  such  abstract  to  the  secretary  of 
state.  [Amendment  approved  April  3,  1880; 
Amendments  1880,  p.  20;  in  effect  immediately; 
also  approved  April  16,  1880;  Amendments  1880,  p. 
82;  in  effect  April  16,  1880.] 

Superior  judge— substituted  for  county  judge  by 
amdt.  1880. 

§  1311.  In  the  event  provided  for  in"  the  pre- 
ceding section,  the  clerk  must  make  an  affidavit, 
setting  forth  tlie  reasons  for  his  belief,  and  the 
name  of  the  person  employed  by  him,  which  affi- 
davit, with  the  approval  of  the  superior  judge  in- 
dorsed thereon,  must  be  given  to  the  person  ap- 
pointed, and  by  him,  with  the  abstract,  must  be 
delivered  to  the  secretary  of  state.  [Amendment 
approved  April  16,  1880;  Amendments  1880,  p.  82; 
in  effect  April  16,  1880.] 


27;^  Election  for  Electors.      §§  1312-1318 

§  1312.  The  person  appointed  by  the  clerk,  af- 
ter he  delivers  the  abstract  and  statement,  Is  en- 
titled to  receive  as  compensation  mileage  at  the 
rate  of  30  cents  a  mile  from  the  county  seat  to 
the  seat  of  government.  His  account  therefor, 
certified  by  the  secretary  of  state,  must  be  audit- 
ed by  the  controller  and  paid  out  of  the  general 
fund  in  the  State  treasury. 

§  1313.  On  the  last  Monday  in  the  month  of 
the  election,  or  as  soon  as  the  returns  have  been 
received  from  all  the  counties  in  the  State,  if  re- 
ceived before  that  time,  the  secretary  of  state 
must  compare  and  estimate  the  votes  giveu  for 
electors,  and  certify  to  the  governor  the  names  of 
the  proper  number  of  persons  having  the  highest 
number  of  votes. 

§  1314.  The  governor  must,  upon  the  receipt  of 
such  certificate,  transmit  to  each  of  such  persons 
a  certificate  of  election,  and  on  or  before  the  day 
of  their  meeting  deliver  to  the  electors  a  list  of 
the  names  of  electors,  and  must  do  all  other 
things  required  of  him  in  the  premises  by  any  act 
of  Congress  in  force  at  the  time. 

§  1315.  The  electors  chosen  must  assemble  at 
the  seat  of  government  on  the  second  Monday  in 
January  next  following  their  election,  at  tvpo 
o'clock  in  the  afternoon.  [In  etfect  January  14, 
1889.] 

§  1316.  In  case  of  the  death  or  absence  of  any 
elector  chosen,  or  in  case  the  number  of  electors 
from  any  cause  be  deficient,  the  electors  then 
present  must  elect,  from  the  citizens  of  the  State, 
so  many  persons  as  will  supply  such  deficiency. 

§  1317.  The  electors,  when  convened,  must  vote 
by  ballot  for  one  person  for  president  and  one  pex*- 
son  for  vice-president  of  the  United  States,  one  of 
whom,  at  least,  is  not  an  inhabitant  of  this  State. 

Casting  electbral  vote:  Art.  12  of  amdts.  to 
Const.  U.  S. 

§  1318.  They  must  name  in  their  ballots  the 
persons  voted  for  as  president,  and  in  distinct 
ballots  the  persons  voted  for  as  vice-president. 


§§  1319-1333  Elections  for  Representatives,       274 

§  1319.  They  must  make  distinct  lists  of  all 
persons  voted  for  as  president,  and  of  all  persons 
voted  for  as  vice-president,  and  of  the  number  of 
votes  given  for  each. 

§  1320.  They  must  certify,  seal  up,  and  trans- 
mit by  mail  such  lists  to  the  seat  of  govex'nment 
of  the  United  States,  directed  to  the  president  of 
the  Senate. 

§  1321.  Electors  receive  the  same  pay  and 
mileage  as  is  allowed  to  members  of  the  assem- 
bly: 

Pay  and  mileage  alloAved- -to  members  of  as- 
sembly: See  sec.  266. 

§  1322.  Their  accounts  therefor,  certified  by 
the  secretary  of  state,  must  be  audited  by  the 
controller,  who  must  draw  his  warrants  for  the 
same  on  the  treasurer,  payable  out  of  the  gener- 
al fund.  ^m 

CHAPTER  XIII. 

ELECTIONS    FOR    MEMBERS    OF    CONGRESS. 

Article  I.    Election  for  Senators. 

II.    Election   for   Representatives. 

ARTICLE  I. 

ELECTION   FOR   SENATORS. 

§  1332.    Elections  for  full  terms. 
§  1333.    Elections   to   fill   vacancies. 

§  1332.  Elections  for  Senators  in  Congress  for 
full  terms  must  be  held  at  the  regular  session  of 
the  Legislature  next  preceding  the  commencement 
of  the  term  to  be  filled. 

Elections  for  Senators  and  Representatives— by 
wlioiii  prescribed:  Const.  U.  S.,  art.  1,  sec.  4. 

§  1333.  Elections  to  fill  a  vacancy  in  the  ter/n 
of  a  United  States  Senator  mu.st  be  held  at  the 
session  of  the  Legislature  next  succeeding  the  oc- 
currence of  such  vacancy. 

Vacancy— during  recess  of  Legislature  temporar- 
ily filled  by  executive  of  State:  Const.  Cal.,  art.  1, 
sec.  3. 


275         Election   for  Representatives.  §§  1343-1347 

ARTICLE  II. 

ELECTIONS    FOR    REPRESENTATIVES. 

§  1343.  When   held. 

§  1344.  Returns,  how  made. 

§  1345.  How   transmitted. 

§  1346.  Duty   of   Secretary   of   State   relative   to. 

§  1347.  Certificates   issued   by  Governor. 

§  1343.  At  the  general  election  to  be  held  in 
the  year  eighteen  hundred  and  eighty,  and  at  the 
general  election  every  two  years  thereafter,  there 
must  be  elected,  for  each  Congressional  District, 
one  Representative  to  the  Congress  of  the  United 
States.  [Amendment  approved  April  16,  1880; 
Amendments  1880,  p.  82;  in  effect  April  16,  1880.] 

§  1344.  The  clerk  of  each  county,  as  soon  as 
the  statement  of  the  vote  of  his  county  at  such 
election  is  made  out  and  entered  on  the  records  of 
the  board  of  supervisors,  must  make  a  certified 
abstract  of  so  much  tliereof  as  relates  to  the  vote 
given  for  persons  for  representatives  to  Congress. 

§  1345.  The  clerk  must  seal  up  such  abstract, 
indorse  it  "Congressional  Election  Returns,"  and 
without  delay  transmit  it  by  mail  to  the  secretary 
of  state. 

§  1346.  On  the  sixtieth  day  after  the  day  of 
election,  or  as  soon  as  tlie  returns  liave  been 
received  from  all  the  counties  of  the  State,  if  re- 
ceived within  that  time,  the  secretary  of  state 
must  compare  and  estimate  the  votes  given  for 
such  representatives,  and  certify  to  the  governor 
the  person  having  the  highest  number  of  votes  in 
each  Congressional  District  as  duly  elected. 

§  1347.  The  governor  must,  upon  the  receipt  of 
sucli  certificate,  ti-ansmit  to  each  of  such  persona 
a  certificate  of  his  election,  sealed  with  the  great 
seal  and  attested  by  the  secretary  of  state. 


§  1357  Primary   Elections.  276 

CHAPTER  XIV. 

PRIMARY    ELECTIONS. 

§  1357.  Committees  may  by  resolution  elect  to  hold  under 
election   laws. 

§  1358.    Resolution,   form  of. 

§  1359.     Notice,    form   of. 

§  1360.    Challenges. 

§  1361.     None   but   qualified    persons   to   participate. 

§  1362.    Returns,  how  made. 

§  1363.  Certificates  of  election,  when  issued  by  Board  of 
Judges. 

§  1364.    Canvass    of    returns    and    certificate    by    committee. 

§  1365.  What  provisions  of  law  applicable  to  these  elec- 
tions. 

§  1357.  Any  committee  or  body  authorized  by 
the  rules  or  customs  of  a  voluntary  political  asso- 
ciation or  organization,  to  call  elections  of  or  for 
such  association  or  organization,  for  any  purpose, 
may  by  resolution  adopted  at  the  time  of  making 
the  call,  elect  to  have  such  elections  conducted  in 
accordance  with  the  rules  prescribed  in  sections 
ten  hundred  and  eighty-three,  ten  hundred  and 
eighty-four,  eleven  hundred  and  forty-four,  eleven 
hundred  and  forty-five,  eleven  hundred  and  forty- 
six,  eleven  hundred  and  forty-seven,  eleven  hun- 
dred and  forty-eight,  eleven  hundred  and  sixty- 
two,  eleven  hundred  and  sixty-tliree,  eleven  hun- 
dred and  sixty-four,  eleven  hundred  and  seventy- 
four,  eleven  hundred  and  seventy-five,  eleven 
hundred  and  ninety-two,  eleven  hundred  and  nine- 
ty-three, eleven  hundred  and  ninety-four,  eleven 
hundred  and  ninety-five,  eleven  hundred  and 
ninety-six,  eleven  hundred  and  ninety-nine,  twelve 
hundred,  twelve  hundred  and  one,  twelve  hun- 
dred and  two,  twelve  hundred  and  three,  twelve 
hundred  and  twenty-four,  twelve  hundred  and 
twenty-seven,  twelve  hundred  and  twenty-nine, 
twelve  hundred  and  thirty,  twelve  hundred  and 
thii-ty-one.  t-^-elve  liuiidred  and  thirty-two,  twelve 
hundred  and  thirty-three,  twelve  hundred  and 
thirty-four,  twelve  hundred  and  thirty-five,  twelve 
hundred  and  thirty-six.  twelve  hundred  and  thirty- 
seven,  twelve  hundred  and     thirtv-eisiht,     twelve 


277  Primary  Elections.        §§  1358-13(JU 

hundred  and  thirty-nine,  twelve  hundred  and 
forty,  twelve  hundred  and  forty-one,  twelve  hun- 
dred and  forty-two,  twelve  hundred  and  fifty-two, 
twelve  hundred  and  fifty-three,  twelve  hundred 
and  fifty-four,  twelve  hundred  and  fifty-five, 
twelve  hundred  and  fifty-six,  twelve  hundred  and 
fifty-seven,  twelve  hundred  and  fifty-eight,  twelve 
liundred  and  fifty-nine,  and  twelve  hundred  and 
sixty.  [Amendment  approved  March  26,  1874; 
Amendments  1873-4,  p.  74;  in  effect  first  Monday 
of  July,  1874.] 

Before  amendment  1874 — no  reference  to  sees. 
1192-1 196,  or  to  sec.  1199. 

"Piece  clubs" — Act  to  prohibit  and  to  prevent 
extortion  from  candidates  for  office:  Stats.  1878,  p. 
236. 

I'rimary  election  law:  See  post,  Appendix,  p.  986. 

§  1358.    The  resolution  must  declare: 

1.  The  time  and  place  of  holding  the  election  and 
tlie  liours  betAveen  which  the  polls  are  to  be  kept 
open. 

2.  The  names  of  the  persons  to  constitute  the 
election  board. 

3.  The  object  of  the  election. 

4.  That  such  election  will  be  held  under  the  pro- 
visions of  the  primary  election  law. 

5.  The  time  and  manner  of  the  publication  of 
notice  of  such  election. 

6.  The  qualifications  required  for  voters  in  addi- 
tion to  tliose  prescribed  by  law. 

§  1359.  The  notice  of  the  election  must  be 
signed  by  the  secretary  of  the  committee  or  body, 
and  must  contain  a  copy  of  the  resolution,  and 
must  be  published  as  directed  in  the  resolution. 

§  1360.  In  addition  to  the  challenges  allowed 
by  law,  any  person  offering  to  vote  at  such  elec- 
tion may  be  challenged  upon  the  grounds  that  he 
does  not  possess  11u>  other  qualifications  pre- 
scribed in  the  resolution,  and  such  challenges 
must  be  tried  and  determined  by  the  board  of 
election,  who  to  that  end  may  administer  an  oath 
to  such  persons,  and  may  ask  them  any  question 
tending  to  prove  or  disprove  the  challenge. 
I'ol.  Code— 24. 


§§  13G1-13G5  rrimary  Elections.  278 

§  1361.  None  but  persons  wlio  possess  the 
Qualificatious  prescribed  by  law  and  by  the  reso- 
lution must  vote  or  participate  in  any  of  the  pro- 
ceedings at  such  election. 

§  1363.  After  counting  the  votes  and  signing 
the  lists  the  judges  must  cause  the  ballots  and  one 
copy  of  the  lists  to  be  delivered  to  the  secretary 
signing  the  notice  of  election,  and  one  of  the 
judges  must  retain  the  other  lists  for  twenty  days 
after  the  election. 

§  1363.    The  board  of  election  must  issue  cer- 

tilicates  of  election  to  all  persons  who  are  chosen 

to  fill  any  position  by  the     vote  of  one  precinct 
alone. 

§  1364.  The  committee  or  body  from  which  em- 
anated the  resolution  calling  the  election  may,  un- 
der sucli  rules  as  it  adopts,  open  and  canvass  the 
returns  and  issue  certificates  to  persons  chosen  to 
fill  positions  b3'  the  voters  of  more  than  one  pre- 
cinct. 

§  1365.  All  of  the  provisions  of  Title  lY,  Part 
I  of  the  Penal  Code,  and  all  the  provisions  of  the 
sections  referred  to  in  the  first  section  of  this  chap- 
ter, are  applicable  to  elections  held  under  the  pro- 
visions of  this  chapter  from  and  after  the  last 
publication  of  the  notice  mentioned  in  section 
1359. 

Crimes  against  the  oh^clive  franchise:  Pennl 
Code,  sees.  "41-62. 


279 


Education. 


1385 


•  TITLE   III. 

EDUCATION. 

Chapter  I.    Uniyersity  of  California. 
II.    State  Normal  School. 
III.    Public  Schools. 


CHAPTER   I. 

UNIVERSITY    OF    CALIFORNIA. 

Article  I.  General    Provisions    Relating   to    the   University. 

II.  Endowment  of   the   University. 

III.  Regents   of   the    University. 

IV.  Secretary  of  the  Board  of   Regents. 
V.  Academic   Senate   of  the  University. 

VI.    University   Cadets. 


ARTICLE   I. 

GENERAL   PROVISIONS    RELATING    TO    THE    UNIVER- 
SITY. 

§  1385.  Object  of  University. 

§  13S6.  Colleges  to  be  maintained. 

§  1387.  Scope   of   College   of   Letters. 

§  1388.  Course   of  instruction. 

§  1389.  President  of  University. 

§  1390.  Duties   of   President. 

§  1391.  Government  and  discipline. 

§  1392.  .  Students. 

§  1393.  Fees   and   rates   of  tuition. 

§  1394.  Same. 

§  1395.  Free  scholarship. 

§  1396.  Colleges  may  be  affiliated  with  University. 

§  1397.  Annual  examination   for  degrees. 

§  1398.  Same. 

§  1399.  Same. 

§  1400.  Degrees  to  giaduates  of  affiliated  colleges. 

§  1401.  Certificates  of  proficiency. 

§  1402.  Degrees. 

§  1403.  Degrees   in    Colleges   of   Letters. 

§  1404.  System   of   manual    labor   in   connection    with   Agri- 
cultural College. 

§  1405.  Sectarian,   etc.,   tests   prohibited. 

§  1385.    The  r'nlvcrsity  of     California,  located 
in  Alameda  county,  lias  for  its  object  general  in- 


§§  1388-1390  Edueation.  280 

strnctiou  and  education  in  all  the  departments  of 
science,  literature,  art,  industrial  and  professional 
pursuits,  and  special  instruction  for  the  professions 
of  agriculture,  the  mechanic  arts,  mining,  mili- 
tary science,  civil  eugiueeiung,  law,  medicine,  and 
commerce. 

University  of  California— declared  a  public 
trust:  Const.  Cal..  LSTD,  art.  9,  sec.  9. 

Organic  act — creating  university:  Stats.  1868,  p. 
248. 

Acts  relating  to  the  State  university:  See  Gen- 
eral Laws,  title  University  of  California. 

§  1386.  There  must  be  maintained  in  the  uui- 
versity; 

1.  A  college  of  letters. 

2.  A  college  or  colleges  of  science,  including  ag- 
riculture, mechanics,  mining,  engineering,  chem- 
istry, and  such  other  specialties  as  the  board  of 
regents  may  determine. 

3.  College  of  medicine  and  law. 

4.  Such  other  colleges  as  the  board  of  regents 
may  establish.  [Amendment  approved  March  30, 
1874;  Amendments  1873-4.  p.  31;  in  effect  July  6, 
1874.] 

Subdivision  3.  Colleges  of  medicine  and  law^ 
affiliation  of:  Sec.  1396. 

§  1387.  The  college  of  letters  must  embrace  a 
liberal  course  of  instruction  in  language,  litera- 
ture and  philosophy. 

§  1388.  Each  full  course  of  instruction  consists 
of  its  appropriate  studies  and  courses,  to  be  de- 
termined by  the  board  of  regents.  [Amendment 
approved  March  30.  1874;  Amendments  1873-4.  p. 
31;  in  effect  .July  6,  1874.] 

§  1389.  The  president  of  the  university  is  the 
executive  head  of  the  institution  in  all  its  de- 
partments, except  as  herein  otherwise  provided. 

?;  1390.  He  must,  subject  to  the  board  of  i-e- 
gents.  give  general  direction  to  the  practical  af- 
fairs of  the  several  colleges,  and  in  the  recess  of 
the  board  of  regents  may  remove  any  employee 


281  Education.  §§  1391-1395 

or  subordinate  officer  not  a  member  of  any  faculty, 
and  supply  for  the  time  being  any  vacancies  thus 
created;  and  until  the  regents  otherwise  direct  he 
is  charged  witli  the  duties  of  one  of  the  profes- 
sorships. 

§  1391.  The  immediate  government  of  the  sev- 
eral colleges  is  intrusted  to  their  respective  facul- 
ties, each  of  which  must  have  its  own  organization, 
regulate  its  own  affairs,  and  may  recommend  tlie 
course  of  study  and  the  text-boolvs  to  be  used. 

§  1392.  Any  resident  of  California  of  the  age 
of  fourteen  years  or  upwards,  of  approved  moral 
character,  may  enter  himself  in  the  university  as 
a  student  at  large,  and  receive  tuition  in  any 
branches  of  instruction  at  'the  time  when  the  same 
are  given  in  their  regular  course,  on  such  terms  as 
the  board  of  regents  may  prescribe. 

Any  resident  of  California— no  person  to  be  de- 
barred admission  on  account  of  sex:  Const.  Cal., 
1879,  art.  9,  sec.  9. 

§  1393.  An  admission  fee  and  rate  of  tuition 
fixed  by  the  board  of  regents  must  be  required  of 
each  pupil,  except  as  herein  otherwise  provided. 

§  1394.  As  soon  as  the  income  of  the  univers- 
ity shall  permit,  admission  and  tuition  must  be 
free  to  all  residents  of  the  State;  and  the  regents 
must  so  apportion  the  representation  of  students 
according  to  population  that  all  portions  of  the 
State  may  enjoy  equal  privileges  therein. 

§  1395.  If  appi'oved  by  the  board  of  regents, 
scholarships  may  be  established  in  the  university 
by  any  persons  for  the  purpose  of  private  bene- 
faction or  of  affording  tuition  in  any  course  of  the 
university,  free  from  the  ordinary  charges,  to  any 
scholar  in  the  public  schools  of  the  State  who 
may  distinguish  himself  in  study,  according  to 
the  recommendation  of  his  teachers,  and  who 
passes  the  examination  recjuired  for  the  grade  at 
which  he  wlslies  to  enter  tlie  university. " 

Basis  of  section:  Stats.  1870.  p.  ~AC>. 


§§  1306-1400  Education.  282 

§  1396.  The  board  of  regents  may  affiliate  with 
the  university  any  incorporated  college  of  medi- 
cine, law,  or  other  special  course  of  instruction, 
upon  such  terms  as  may  be  deemed  expedient;  and 
sucli  college  may  retain  the  control  of  its  own 
property,  have  its  own  boards  of  trustees,  facul- 
ties, and  presidents,  respectivelj^  and  the  stu- 
dents of  such  colleges,  recommended  by  the  re- 
spective faculties  thereof,  may  receive  from  the 
university  the  degrees  of  those  colleges. 

Basis  of  section:  Stats.  1867-8,  see.  8. 

Hastings  College  of  LaAA'— acts  relating  to:  See 
General  Laws,  title  Hastings  Law  School.  Wo- 
men admitted  as  students:  See  Const.  Cal.,  1879, 
art.  9,  sec.  9. 

Medical  department— of  the  University  of  Cali- 
ornia  to  be  called  the  "Toland":  Stats.  1881,  p. 
24. 

§  1397.  The  examinations  for  degrees  must  be 
annual.  Students  who  have  passed  not  less  than 
a  year  as  residents  in  any  college,  academy,  or 
school  in  this  State,  and  Avho,  after  examination 
by  the  faculty  thereof,  are  recommended  by  them' 
as  proficient  candidates  for  any  degree  in  any 
regular  course  of  the  university,  must  be  exam- 
ined therefor  at  the  annual  examination;  and  on 
passing  such  examination  may  receive  the  degi-ee 
and  diploma  for  that  course,  and  rank  as  gradu- 
ates. 

§  1398.  All  students  of  the  university  who 
have  been  residents  thereat  for  not  less  than  one 
year,  and  all  graduates  thereof,  may  present 
themselves  for  examination  in  any  course  at  the 
annual  examinations,  and,  on  passing  such  exam- 
ination, may  receive  the  degree  and  diploma  of 
that  course.  [Amendment  approved  [March  30, 
1874;  Amendments  1873-4,  p.  31:  in  effect  July  6, 
1874.] 

§  1399.  Upon  such  examinations  each  profes- 
sor and  instructor  of  that  course  may  cast  one 
vote,  by  ballot,  upon  each  application  for  recom- 
mendation to  the  board  of  regents  for  a  degree. 

§  1400.  Graduates  of  the  College  of  California, 
and  of  any  incorporated  college  affiliated  with  the 


283  Ediicatiou,  §§  1401-1405 

university,  may  receive  tlie  degrees     from,     and 
rank  as  graduates  of  tlie  university. 

§  1401.  The  board  of  regents  may  also  confer 
certificates  of  proficiency  in  any  branch  of  study, 
upon  such  students  of  the  university  as  upon  ex- 
amination are  found  entitled  to  the  same. 

§  1402.  The  proper  degree  of  each  college  must 
be  conferred  at  the  end  of  the  course  upon  such 
students  as,  having  completf^d  the  same,  are  found 
proficient  therein, 

§  1403.  The  degree  of  bachelor  of  arts,  and  af- 
terwards the  degree  of  master  of  arts,'  in  usual 
course,  must  be  conferred  upon  the  graduates  of 
the  college  of  letters. 

§  1404.  A  system  of  moderate  manual  labor 
must  be  established  in  connection  with  the  agri- 
cultural college,  upon  its  agricultural  and  orna- 
mental grounds,  for  practical  education  In  agri- 
culture and  landscape  gardening. 

Basis  of  section:  Stats.  3868,  p.  249. 

§  1405.  No  sectarian,  political,  or  partisan  test 
must  ever  be  allowed  or  exercised  in  the  appoint- 
ment of  regents,  or  in  the  election  of  professors, 
teachers,  or  other  officers  of  the  university,  or  in 
the  admission  of  students  thereto,  or  for  any  pur- 
pose Avhatsoever;  nor  must  the  majority  of  the 
board  of  regents  be  of  any  one  religious  sect  or  of 
no  religious  belief. 

Basis  of  section— condensation  of  Stats.  1868, 
pp.  248-259;  and  see  sees.  1  to  27  inclusive;  and 
see  Stats.  1870,  p.  688. 

Independence  of  political  or  sectarian  influence — 
preserved  by  Const.  Cal.,  1879,  art.  9,  sec.  9. 


§  1415  Etluf-ation.  284 

ARTICLE  II. 

ENDOWMENT    OF   THE    UNIVERSITY. 
§  1415.    Endowment. 

g  1415.  The  endorsement  [endowment]  of  the 
university  is: 

1.  The  proceeds  of  the  sale  of  the  seventy-two 
sections  of  land  granted  to  the  State  for  a  semi- 
nary of  learning. 

2.  The  proceeds  of  the  ten  sections  of  land 
granted  to  the  State  for  public  buildings. 

3.  The  income  derived  from  the  investments  of 
the  proceeds  of  the  sale  of  the  lands  or  of  the 
scrip  therefor,  or  of  any  part  thereof,  granted  to 
this  State  for  the  endowment,  support,  and  main- 
tenance of  at  least  one  college  where  the  leading 
object  shall  be — without  excluding  other  scientific 
and  classical  studies,  and  including  military  tac- 
tics— to  teach  such  branches  of  learning  as  are 
related  to  agriculture  and  the  mechanic  arts. 

4.  The  income  of  the  fund  set  apart  by  "An 
Act  for  the  endowment  of  the  University  of  Cal- 
ifornia," approved  April  second,  eighteen  hundred 
and  seventy,  which  is  continue<l  in  force. 

6.  The  State  of  California,  in  its  corporate  ca- 
pacity, may  tal^e  by  grant,  gift,  devise,  or  bequest, 
any  propertj-  for  the  use  of  the  university,  and 
liolcl  the  same,  and  apply  the  funds  arising  there- 
from, through  the  regents  of  the  imiversity,  to 
the  support  of  the  university,  as  provided  in  Ar- 
ticle IX,  section  four,  of  the  Constitution. 

7.  The  regents  of  the  university,  in  their  coiijo- 
rate  capacity,  may  talce,  by  grant,  gift,  devise,  or 
bequest,  any  property  for  the  use  of  the  university, 
or  of  any  college  thereof,  or  of  any  professorship, 
chair,  or  scholarship  therein,  or  for  the  library,  an 
observatorj',  -workshops,  gardens,  greenhouses,  ap- 
paratus, a  students' loan  fund  or  any  other  purpose, 
appropriate  to  the  university;  ana  such  property 
shall  be  talven,  received,  held,  managed,  and  in- 
vested, and  the  proceeds  thereof  used,  bestowed, 
and  applied  by  the  said  regents  for  the  purposes, 
provisions,  and  conditions  prescribed  by  the  re- 
spective grant,  gift,  devise,  or  bequest. 


285  Education.  §  1415 

8.  The  regents  of  the  university  may  invest  any 
of  the  permanent  funds  of  the  university,  which 
are  now  or  hereafter  may  be  in  their  custody,  in 
productive,  unincumbered  real  estate  in  this  State, 
subject  to  the  power  of  the  LegisUiture  to  control 
or  change  sucli  investments,  excepting  such  as, 
by  the  terras  of  their  acquisition,  must  be  other- 
wise invested. 

9.  If,  by  the  terms  of  any  grant,  gift,  devise,  or 
bequest,  such  as  are  described  in  the  preceding 
sixth  and  seventh  subdivisions,  conditions  ai'e  im- 
posed which  are  impracticable  under  the  provi- 
sions of  the  Civil  Code,  such  grant,  gift,  devise,  or 
bequest,  shall  not  thereby  fail,  but  such  conditions 
Bhall  be  rejected,  and  the  intent  of  the  donor  car- 
ried out  as  near  as  may  be.  [Amendment  ap- 
proved March  30,  1874;  Amendments  1873-4,  p.  31; 
in  effect  July  6,  1874.] 

Permanent  endowment  fund — consolidation  of 
funds  for,  and  use  of  income  for  current  expens- 
es: See  Stats.  1878,  p.  337. 

University  lands— selection  and  sale  of:  Sees. 
3533-3556. 

Subdivisions  1,  2.  Proceeds  of  lands  for  semi- 
nary  of  learning  and  public  buildings — disposition 
of:  Sec.  3535. 

Subdivision  3.  College  of  agriculture  and  me- 
chanic arts— proceeds  of  sales  of  lands  for:  See. 
3533;  interest  inviolably  appropriated  for  at  least 
one:  Const.  Cal.,  1879,  art.  9,  sec.  9. 

Subdivision  7.  Regents  to  receive  donations: 
See  sec.  1432,  subd.  5,  and  notes. 


§§  1425-1429  Education.  28t> 

ARTICLE  III. 

REGENTS    OP   THE    UNIVERSITY. 

§  1425.  University  controlled  by  Regents. 

§  1426.  Sixteen    Regents    appointed    by    the    Governor. 

§  1427.  Six  other  Regents,  appointment  of. 

§  1428.  Vacancies. 

§  1429.  President  of  the  Board. 

§  1430.  Quorum. 

§  1431.  Regents    receive    no    compensation. 

§  1432.  General    powers    and    duties    of    Regents. 

§  1433.  Income   arising   from   endowment   at    disposition   of 

Regents. 

§  1434.  Fund  to  be  set  apart  for  current  expenses. 

§  1435.  Funds  may  be  drawn  from  State  Treasury. 

§  1436.  Construction  of  buildings. 

§  1437.  Same. 

§  1438.  Same. 

§  1439.  Temporary  buildings. 

§  1425.  The  university  is  imrler  tlie  control  of 
a  board  of  regents,  consisting  of  twenty-two  mem- 
bers; but  tlie  president  of  tlie  university,  for  tlie 
time  being,  shall  be  a  member  of  the  board  of  re- 
gents, by  virtue  of  his  ofhce.  [Amendment  ap- 
proved March  30,  1874;  Amendments  1873-4,  p.  33; 
in  effect  July  6,  1874.] 

Basis  of  section:  Stats.  1878,  p.  248. 
Regents  of  university— are  civil  executive   offi- 
cers: Sec.  343. 

§  1426.  Sixteen  members  of  the  board  ai-e  ap- 
pointed by  the  governor,  with  the  advice  and  con- 
sent of  the  Senate.  Their  term  of  office  is  sixteen 
years. 

§  1427.    Six  members  of  the  board  hold  by  vir- 
tue of  other  offices,  as  provided  in  section  353. 
Ex  officio  regents:  Sec.  353. 

§  1428.  Whenever  a  vacancy  occurs  in  the 
board,  the  governor  must  appoint  some  person  to 
fill  it,  and  the  person  so  appointed  holds  for  the 
remainder  of  the  term. 

§  1429.  The  governor  is  president  of  the 
board. 


287  Educatiou.  §§  1430-1432 

§  1430.  Seven  members  constitute  a  quorum  of 
the  board. 

§  1431.    The  members  receive  no  compensation. 

§  1432.  The  powers  and  duties  of  the  board  of 
regents  are  as  follows: 

1.  To  meet  at  such  times  and  places  as  their 
rules  may  prescribe,  or  at  the  call  of  the  president 
of  the  board. 

2.  To  control  and  manage  the  university  and  its 
property. 

3.  To  prescribe  rules  for  their  own  government 
and  for  the  government  of  the  university. 

4.  To  adopt  and  prescribe  rules  for  the  govern- 
ment and  discipline  of  the  cadets. 

5.  To  receive,  in  the  naine  of  the  State,  or  of  the 
board  of  regents,  as  the  case  may  be,  all  property 
donated  to  the  uniA'ersity. 

6.  To  choose  a  president  of  the  university,  the 
professors,  and  other  officers  and  employees  of  the 
imiversity,  prescribe  their  duties,  fix  and  provide 
for  the  payment  of  their  salaries. 

7.  To  fix  the  qualifications  for  admission  to  the 
benefits  of  the  university. 

8.  To  fix  the  admission  fee  and  rates  of  tuition. 

9.  To  appoint  a  secretary  and  treasurer,  pre- 
scribe tlieir  duties,  and  fix  and  provide  for  the 
payment  of  tlieir  compensation. 

10.  To  remove,  at  pleasure,  any  ofiicer,  profes- 
sor, or  employee  of  the  university. 

11.  To  supervise  the  general  courses  of  instruc- 
tion, and,  on  the  recommendation  of  the  several 
faculties,  prescribe  the  authorities  and  text-books 
to  be  used  in  the  several  colleges. 

12.  To  confer  such  degrees,  and  grant  such  di- 
plomas, as  are  usual  in  universities,  or  as  they 
deem  appropriate. 

13.  To  establish  and  maintain  a  museum. 

14.  To  establish  and  maintain  a  library. 

15.  To  talce  immediate  measures  for  the  perma- 
nent improvement  and  planting  of  the  university 
grounds. 

IG.  To  keep  a  record  of  all  their  proceedings. 
17.  Through  the  president  of  the  university,  to 
report  to  the  governor  the  progress,  condition,  and 


§§  1433-1435  Education.  288 

wants  of  each  of  the  colleges  embi'aced  in  the  uni- 
versity, the  course  of  study  in  each,  the  number 
of  professors  and  students,  the  amount  of  receipts 
and  disbursements,  together  with  the  nature,  cost, 
and  results  of  all  important  investigations  and  ex- 
periments, and  such  other  information  as  they 
may  deem  important.  [Amendment  approved 
.March  30,  1874;  Amendments  1873-4,  p.  33;  in  ef- 
fect July  6,  1874.] 

Subdivision  3.  Government  of  the  university — 
sale  of  intoxicating  liquors  within  two  miles  of 
rhe  university  prohibited:  Stats.  1873,  p.  12. 

Subdivision  5.  To  receive  donations — specimens 
collected  by  State  geological  survey:  Sec.  550. 

Subdivision  14.  Library  and  art  gallery  build- 
ing—act malting  appropriation  for,  to  supplement 
donation  of  H.  D.  Bacon:  Stats.  1878,  p.  930. 

Subdivision  15.  Universit}'  grounds— planting  of 
jute  directed:  Stats.  1880,  p.  154  or  27.  Water 
supply  for  university  (and  asylum  for  Deaf,  Dumb 
and  Blind),  Stats.  1876,  p.  816. 

§  1433.  The  entire  income  arising  from  the  en- 
dowment is  subject  to  the  trusts  at  the  disposition 
of  the  board  of  regents  for  the  support  of  the  unl- 
A'ersity. 

Consolidated  pei'petual  endowment  fund:  Stats. 
1878,  p.  337. 

Commission — to  report  to  Legislature  the  con- 
dition of  the  universitv  funds  and  grants:  Stats. 
1878,  p.  928. 

§  1434.  For  the  current  expenditures  of  the 
university  specific  sums  of  money  must  be  set 
aside,  out  of  the  funds  at  their  disposal,  by  tlie 
board  of  regents,  which  are  siibject  to  the  war- 
rants of  the  president  of  the  board,  drawn  upon 
the  treasvirer  of  the  university  in  pursuance  of  the 
orders  of  the  lioard  of  regents. 

Current  expenses— income  of  consolidated  perpet- 
ual endowment  fund  to  be  iised  for:  Stats.  1878,  p. 
337. 

§  1435.  All  moneys  which  may  at  any  time  be 
in  the  State  treasury,  subject  to  the  use  of  the 
lioard  of  regents,  may  be  drawn  therefrom  by  the 


289  Education.  §§  1436-1450 

president  of  the  board,  upon  the  order  of  the 
board,  in  favor  of  the  treasurer  of  the  university: 
[Amendment  approved  March  30,  1874;  Amend- 
ments 1873-4,  p.  35;  in  effect  July  6,  1874.] 

§  1436.  The  regents  must  cause  to  be  con- 
structed such  buifdings  as  are  needed  for  the  use 
of  the  university. 

§  1437.  The  plan  adopted  in  the  construction  of 
buildings  must  provide  separate  buildings  for  sep- 
arate uses,  and  so  gi-oup  all  such  buildings  that  a 
central  building  may  bring  the  whole  in  harmony 
as  part  of  one  design. 

§  1438.  The  construction  and  furnishing  of  the 
buildings  must  be  let  out  to  the  lowest  responsi- 
ble bidder,  after  advertiselnent  for  not  less  than 
ten  days  in  at  least  two  daily  newspapers  pub- 
lished in  the  city  of  San  Francisco;  but  the  re- 
gents may  reject  any  bid,  and  advertise  anew. 

§  1439.  Until  the  University  buildings  are 
ready  for  use  the  regents  may  malie  temporary 
arrangements  for  buildings  at  Oakland. 


ARTICLE  IV. 

SECRETARY  OF  THE  BOARD  OP  REGENTS. 

§  1449.    Qualifications   and   choice   of   Secretary. 
§  14.50.     Residence  and  duties  of  Secretary. 
§  1451.     Term    and    compensation. 

§  1449.  A  practical  agriculturist,  competent  to 
superintend  the  working  of  the  agricultural  farm 
and  to  discliarge  the  duties  of  secretary  of  the 
board  of  regents,  must  be  chosen  by  the  board  as 
their  secretary. 

§   1450.    The  secretary  must: 

1.  Reside  and  keep  his  office  at  the  seat  of  the 
university. 

2.  Keep  a  record  of  the  transactions  of  the 
l)oard  of  regents.  Avhieh  must  be  open  at  all  times 
to  the  inspection  of  any  citizen  of  this  State. 

rol.  Code— 25. 


§  1451  Educatlou.  21)0 

3.  Have  the  custody  of  all  books,  papers,  doeu- 
meuts,  and  other  property  which  may  be  deposit- 
ed iu  his  otlice. 

4.  Keep  aud  tile  all  reports  and  communications 
which  may  be  made  to  the  university  appertain- 
ing to  education,  science,  art,  husbandry,  mechan- 
ics, or  mining. 

5.  Address  circulars  to  societies  and  others,  so- 
liciting information  upon  the  latest  and  best 
modes  of  culture  of  the  products  adapted  to  the 
soil  and  climate  of  tlie  State,  and  on  all  subjects 
connected  with  field  culture,  horticulture,  stock- 
raising,  aud  the  dairy. 

0.  Correspond  with  established  schools  of  min 
ing  and  metallurgy  in  Europe,  and  obtain  informa- 
tion respecting  the  improvements  of  mining  ma- 
chinery adapted  to  California. 

7.  Correspond  with  the  patent  office  at  Washing- 
ton, and  with  the  representatives  of  the  govern- 
ment of  the  United  States  abroad,  to  procure  con- 
tributions to  agriculture  from  these  sources;  re- 
ceive and  distribute  seeds,  plants,  shrubbery,  and 
trees  adapted  to  our  climate  and  soils,  for  the  pur- 
poses of  experiment. 

8.  Obtain  contributions  to  the  museums  and  the 
library  of  the  university. 

9.  Keep  a  correct  account  of  all  the  executive 
acts  of  the  president  of  the  university. 

10.  Keep  an  accurate  account  of  all  moneys  re- 
ceived into  tlie  treasury  or  paid  therefrom. 

11.  Distribute  the  seeds,  plants,  trees,  and 
shrubbery  received  by  him,  and  not  needed  by  the 
university,  equally  throughout  the  State,  to  far- 
mers and  others  Avho  will  agree  to  cultivate  them 
properly  and  return  to  the  secretary's  office  a  rea- 
sonable proportion  of  the  products  thereof,  with  a 
statement  of  the  mode  of  cultivation,  and  such 
other  information  as  may  l>e  necessary  to  ascer- 
tain their  value  for  cultivation  in  the  State. 

12.  Publish  from  time  to  time  in  the  newspapers 
of  the  State,  free  of  charge,  information  relating 
to  agriculture,  the  mechanic  arts,  mining  and  met- 
allurgy. 

Basis  of  section:  Stats.  3868,  p.  248. 

§   1451.    The  secretary  holds  oflice  at  the  pleas- 


291  Education.  §§  1461-1473 

lire  of  and  receives  tlie  compensation  fixed  by  tlie 
board. 
Basis  of  section:  Stats.  1868,  p.  248. 


ARTICLE  V. 

ACADEMIC  SENATE  OF  THE  UNIVERSITY. 

§  1461.    Academic   Senate. 
§  1462.    General  powers  of. 
§  1463.    Proceedings  of. 

§  1461.    Ttie   academic   senate   is   composed  of 
tlie  faculties  and  instructors  of  the  university. 
Basis  of  section:  Stats.  1867-8,  sec.  18,  et  seq. 

§  1462.  The  senate  must  conduct  the  general 
administration  of  the  university,  regulate  the 
general  and  special  courses  of  instruction,  receive 
and  determine  all  appeals  from  acts  of  discipline 
enforced  by  the  faculty  of  any  college,  and  exer- 
cise such  other  powers  as  the  board  of  regents 
may  confer  upon  it. 

§  1463.  Its  proceedings  must  be  conducted  ac- 
oordin.g  to  rules  of  order  adopted  by  it,  and  every 
person  engaged  in  instruction  in  the  university 
may  participate  in  its  discussions;  but  the  right  of 
voting  is  confined  to  the  president  and  the  profes- 
sors. 


ARTICLE  Yl. 

UNIVERSITY    CADETS. 

§  147."?.  University  Cadets. 

§  1474.  Officers   of. 

§  1475.  Equipment   of. 

g  1476.  Retired   officers   of. 

§  1477.  Report  of  Military  Instructor. 

§  1473.  The  students  of  the  university  must  be 
organized  into  a  body  known  as  the  "University 
Cadets." 

Basis  of  section:  Stats.  1870,  p.  119. 


§§  1474-1477  Education.  292 

§  1474.  The  officers  of  cadets,  between  and  in- 
cluding tlie  ranks  of  second  lieutenant  and  colonel, 
must  be  selected  by  the  cliief  militarj'  instructor, 
with  the  assent  of  the  president  of  the  university, 
and  must  be  commissioned  by  the  governor. 
[Amendment  approved  March  30,  1874;  Amend- 
ments 1873-4,  p.  35;  in  effect  July  6,  1874.] 

§  1475.  The  adjutant-general  of  the  State  must 
issue  such  arms,  munitions,  accouterments,  and 
equipments  to  the  university  cadets  as  the  board 
of  regents  may  require  and  the  governor  approve. 
[Amendment  approved  March  30,  1874;  Amend- 
ments 1873-4,  p.  35;  in  effect  July  6,  1874.] 

§  1476.  Upon  graduating  or  retiring  from  the 
University,  such  officers  maj'  resign  their' commis- 
sions or  hold  the  same  as  retired  officers  of  the 
university  cadets,  liable  to  be  called  into  service 
by  the  governor  in  case  of  war,  invasion,  insurrec- 
tion, or  rebellion. 

§  1477.  The  military  instructor  must  make 
quarterly  reports  to  tlie  adjutant-general  of  the 
State,  showing  the  number,  discipline,  and  equip- 
ments of  the  cadets. 


293  State   Normal   School.     §§  1487,1488 

CHAPTER   II. 

STATE   NORMAL  SCHOOL. 

§  1487.  Object  of  school. 

§  1488.  Under  control   of  Board  of  Trustees. 

§  1489.  General   powers   and   duties   of   Board. 

§  1490.  Regular  meetings  of  Board. 

§  1491.  Special    meetings   of   Board. 

§  1492.  Time  and  place  of  meeting  of  Board. 

§  1493.  Apportionment   of  pupils.     (Repealed.) 

§  1494.  General   Qualifications  for  admission  as  pupils. 

§  1495.  Pupils   from   State   at   large. 

§  1493.  Pupils    from    other    States. 

§  1497.  Pupils   to   file   certain   declaration. 

§  1498.  Competitive  examinations  before  County  Boards. 
(Repealed.) 

§  1499.  Manner  of  examination.     (Repealed.) 

§  1500.  Persons  passing  to  be  admitted  as  pupil.s,  in  what 
order.     (Repealed.) 

§  1501.  Principal   to   make  annual   report. 

§  1502.  To   attend   County   Institutes. 

§  1503.  Issuance  certificates  or  diplomas  of  Normal  School. 

S  1504.  Secretary  and   Board   of  Trustees. 

§  1505.  Supervision  by  Superintendent  of  Public  Instruc- 
tion. 

§  1506.  Biennial   appropriation  to  be  made. 

§  1507.  Orders  on  Controller,   how   drawn. 

§  1487.  The  State  normal  schools  have  for 
their  objects  the  education  of  teachers  for  the 
public  schools  of  this  State.  [Approved  March 
15;  in  effect  July  1,  1887.] 

This  chapter  was  for  the  most  part  condensed 
from  Stats.  1870,  788  et  seq.  See  Const.  Cal.,  art. 
0.  sec.  f),  authorizing?  normal  school  to  be  estab- 
lished as  part  of  the  common-school  system. 

§  1488.  The  State  normal  schools  shall  be  un- 
der the  management  and  control  of  boards  of  trus- 
tees, constituted  as  provided  in  section  three  hun- 
dred and  fifty-four  of  the  Political  Code  of  the 
State  of  California.  [Approved  March  15.  In  ef- 
fect July  1.  1887.] 

See  sec.  354,  ante. 

Acts  establishing  and  relating  to  normal  schools: 

See  post,  Appendix,  pp.  1047-1049. 


§  1489  State  Normal  School.  294 

§  1489.  The  powers  and  duties  of  each  board  of 
trustees  are  as  follows: 

1.  To  elect  a  secretary,  who  shall  receive  such 
salary,  not  to  exceed  one  hundred  ana  fifty  doUars 
per  annum,  as  may  be  allowed  by  the  board; 

2.  To  prescribe  rules  for  their  government  and 
the  government  of  the  school; 

3.  To  prescribe  rules  for  the  report  of  officers 
and  teachers  of  the  school,  and  for  visiting  other 
schools  and  institutions; 

4.  To  provide  for  the  purchase  of  school  appara- 
tus, furniture,  stationery,  and  text-books  for  the 
use  of  pupils; 

5.  To  establish  and  maintain  model  and  training 
schools  of  the  Icindergarten,  primary,  and  gram- 
mar grades,  and  require  the  students  of  the  nor- 
mal schools  to  teach  and  instruct  classes  therein; 

6.  To  elect  necessary  teachers  upon  their  nom- 
ination by  the  president,  fix  their  salaries,  and  pre- 
scribe their  duties:  provided,  that  after  the  teach- 
ers have  served  successfully  and  acceptably  for  a 
term  of  two  years,  their  appointment  thereafter 
shall  be  made  for  a  term  of  four  years  at  least, 
unless  removed  for  cause,  as  hereinafter  specified, 

7.  To  control  and  expend  all  moneys  appropriat- 
ed for  the  support  and  maintenance  of  the  school, 
and  all  moneys  received  for  tuition  or  donations: 

8.  To  cause  a  record  of  all  their  proceedings  to 
be  kept,  which  shall  be  open  to  public  inspection 
at  the  school; 

9.  To  keep,  open  to  public  inspection,  an  ac- 
count of  receipts  and  expenditures: 

10.  To  annually  report  to  the  governor  a  state- 
ment of  their  transactions,  and  of  all  matters  per- 
taining to  the  school; 

11.  To  transmit  with  such  report  a  copy  of  the 
president's  annual  report: 

12.  To  revoke  any  diploma  by  them  granted,  on 
receiving  satisfactory  evidence  that  the  holder 
thereof  is  addicted  to  drunkenness,  is  guilty  of 
gross  immorality,  or  is  reputedly  dishonest  in  his 
dealings;  provided,  that  such  person  shall  have  at 
least  thirty  days'  previous  notice  of  such  con- 
templated action,  and  shall,  if  he  asks  it,  be  heard 
in  his  own  defense.  [Amendment  appi'oved 
March  29.  1897;  Amendments  1897.  ch.  clxxiii.] 


295  State   Normal   School.      §§  1490-1492 

Acts  establishing  aud  relating  to  normal  schools: 
See  post,  Appendix,  p.  1U47,  et  seq. 

§  1490.  Each  board  of  trustees  must  hold  two 
regular  meetings  in  each  year,  and  may  hold  spe- 
cial meetings,  at  the  call  of  the  secretary,  when 
directed  by  the  chairman.  [Approved  March  15; 
in  effect  July  1,  1887.] 

§  1491.  The  time  and  place  of  regular  meet- 
ings must  be  fixed  bj^  the  by-laws  of  the  board. 
The  secretary  must  give  written  notice  of  the 
time  and  place  of  special  meetings  to  each  mem- 
ber of  the  board.  Each  member  shall  be  allowed 
his  expenses  in  attending  the  meetings  of  the 
board,  the  bills  to  be  audited  the  same  as  any  bills 
for  the  maintenance  of  the  school.  [Amendment 
approved  March  29,  1897  f  Amendments  1897,  ch. 
clxxiii.] 

§  1492.  There  shall  be  a  joint  board  of  normal 
school  trustees,  to  be  composed  of  the  members 
of  the  local  boards  of  the  sevei'al  state  normal 
schools.  This  board  shall  meet  on  the  second  Fri- 
day of  April  of  each  year,  alternately  at  the  dif- 
ferent State  normal  schools.  Tlie  ilrst  meeting  af- 
ter the  passage  of  this  act  shall  be  at  Los  An- 
geles; the  second  meeting  at  Chico,  and  the  third 
at  San  Jose.  Thereafter  the  places  of  meeting 
sliall  be  in  tlie  order  named  above.  A  special 
meeting  may  be  called  by  the  governor  for  the 
transaction  of  any  urgent  business  affecting  the 
welfare  of  any  or  all  of  the  State  normal  schools. 
It  shall  be  the  duty  of  this  joint  board: 

1.  To  fill  a  vacancy  in  the  presidency  of  any  of 
the  State  normal  schools,  and  to  fix  the  salaries  of 
the  presidents  of  the  several  normal  schools;  pro- 
vided, that  no  president  of  any  normal  school 
shall  participate  or  vote  upon  the  selection  of  a 
president,  or  fix  the  salary  of  any  president  of 
any  of  the  State  normal  schools; 

2.  To  sit  as  a  board  of  arbitration  in  matters 
concerning  the  management  of  each  State  nor- 
mal school  that  may  need  adjustment; 

.3.  To  dismiss  a  teacher  from  either  of  the 
State  normal  schools  for  good  and  sufficient  cause 
after  having     been  elected  as     designated     under 


§§  1493-1496      State  Noi-mal  School.  296 

section  fourteen  hundred  and  eighty-nine  of  this 
Code; 

4.  To  prescribe  a  series  of  text-books  for  use  in 
tlie  State  normal  schools: 

5.  To  prescribe  a  uniform  course  of  study,  and 
time  and  standard  for  graduation  from  the  State 
normal  schools; 

6.  To  prescribe  a  uniform  standard  of  admis- 
sion for  students  entering  the  normal  schools; 

7.  The  joint  board  shall  also  have  the  power  to 
pass  any  general  regulations  that  may  be  applied 
to  all  of  the  State  normal  schools,  thus  affecting 
their  "svell-being; 

8.  Members  in  attending  the  meetings  of  the 
joint  board  shall  receive  mileage  while  in  actual 
attendance  upon  the  meeting,  the  same  to  be  paid 
out  of  any  appropriation  made  by  the  legislature 
for  that  purpose; 

9.  The  Superintendent  of  Public  Instruction 
shall  be  the  secretary  of  the  joint  board.  The  sec- 
retary shall  keep  a  full  record  of  all  proceedings 
of  the  joint  meetings  of  the  trustees,  and  shall 
notify  the  secretary  of  each  board  of  trustees  of 
any  changes  made  in  the  course  of  study  or  the 
text-books  to  be  adopted.  [Amendment  approved 
March  29,  1897;  Amendments  1897,  ch.  clxxiii.l 

§  1493.  [Repealed  March  30,  1874;  Amend- 
ments 1873-4,  p.  79.    In  effect  immediately.] 

§  1494.  Every  person  admitted  as  a  pupil  to  the 
Normal  School  course  must  be: 

First — Of  good  moral  character. 

Second — Of  sixteen  years  of  age. 

Third — Of  that  class  of  persons  who,  if  of  a 
proper  age,  would  be  admitted  in  the  public 
schools  of  this  State,  without  restriction.  [Amend- 
ment approved  March  30.  1874;  Amendments  1873- 
4,  p.  76.    In  effect  March  30,  1874.] 

§  1495.  Teachers  holding  valid  certificates  to 
teach  in  any  county  in  this  State,  may  be  admit- 
ted to  any  State  normal  school  in  the  State. 
[Amendment  approved  March  29,  1897;  Amend- 
ments 1897,  ch.  clxxiii.] 

§  1496.    Persons  resident  of  another  State  may 


297  Stale  Normal  School.        §§  1496-1503 

be  admitted  upon  letters  of  recommendation  from 
the  Governor  or  Superintendent  of  Schools  there- 
of.    [In  effect  jNIarch  30,  1874.] 

§  1497.  Every  person  making  application  for 
admission  as  a  pupil  to  the  normal  school  must, 
at  the  time  of  making  such  application,  file  with 
the  president  of  the  school  a  declaration  that  he 
enters  the  school  to  fit  himself  for  teaching,  and 
that  it  is  his  intention  to  engage  in  teaching  in 
the  public  schools  of  this  State,  or  in  the  State  or 
Territory  where  the  applicant  resides.  [Amend- 
ment approved  March  29,  1897;  Amendments  1897, 
ch.  clxxiii.] 

§  1498.  [Repealed  March  30,  1874;  Amend- 
ments 1873-4,  p.  79.    In  effect  immediately.] 

§  1499.  [Repealed  March  30,  1874;  Amend- 
ments 1873-4,  p.  79.    In  effect  immediately.] 

§  1500.  [Repealed  March  .30,  1874;  Amend- 
ments 1873-4,  p.  79.    In  ett'ect  immediately.] 

§  1501.  The  president  of  each  State  normal 
school  must  make  a  detailed  annual  report  to  the 
board  of  trustees,  with  a  catalogue  of  the  pupils, 
and  such  other  particulars  as  the  board  may  re- 
quire or  he  may  think  useful.  [Amendment  ap- 
proved March  29,  1897;  Amendments  1897,  ch. 
clxxiii.] 

§  1502.  The  board  of  trustees  of  any  normal 
school  or  its  executive  committee,  may  grant  per- 
mission to  the  principal  or  any  teacher  of  such 
school  to  attend  any  county  institute,  and  give  in- 
struction on  subjects  relating  to  education  in  the 
public  schools.  [Amendment  approved  March  23, 
1893;  Stats.  1893,  p.  302.    In  effect  immediately.] 

§  1503.  First— The  board  of  trustees  of  each 
State  normal  school,  upon  the  recommendation  of 
the  faculty,  may  issue  to  those  pupils  who  worth- 
ily complete  the  full  course  of  study  and  training 
prescribed,  diplomas  of  graduation,  either  from 
the  normal  department,  the  kindergarten  depart- 
ment, or  both; 


§  1503  State   Normal  School.  298 

Second— Said  diploma  from  the  normal  depart- 
ment shall  entitle  the  holder  tliereof  to  a  grammar 
grade  certificate  from  any  city,  city  and  county, 
or  county  board  of  education  in  the  State.  One 
from  the  kindergarten  department  shall  entitle 
the  holder  to  teach  in  any  Ivindergarten  in  the 
State; 

Third — "Wlienever  any  city,  city  and  county,  or 
county  board  of  education  shall  present  to  the 
State  board  of  education  a  recommendation  .show- 
ing that  the  holder  of  a  normal  school  diploma 
from  the  normal  department  lias  had  a  successful 
experience  of  two  years  in  the  public  schools  of 
this  State,  subsequent  to  the  granting  of  such  di- 
ploma, the  State  board  of  education  shall  grant  to 
the  holder  thereof  a  document  signed  by  the  presi- 
dent and  secretary  of  the  State  board,  showing 
such  fact.  The  said  diploma,  accompanied  by  said 
document  of  the  State  board  attached  thereto, 
shall  become  a  permanent  certificate  of  qualifica- 
tion to  teach  in  any  primary  or  gi-ammar  school  of 
this  State,  valid  until  such  time  as  said  diploma 
may  be  revolted,  as  provided  in  subdivision  thir- 
teen of  section  fourteen  hundred  and  eighty-nine 
of  this  Code; 

Fourth — Upon  presentation  of  the  diploma  and 
document  referred  to  in  section  fifteen  hundred 
and  three,  subdivision  third  thereof,  to  any  city, 
city  and  county,  or  coimty  superintendent  of 
schools,  said  superintendent  shall  record  the  name 
of  the  holder  thereof  in  a  boolc  provided  for  that 
purpose  in  his  office,  and  the  holder  shall  hence- 
forth be  absolved  fi-om  the  requirements  of  subdi- 
vision first  of  section  sixteen  hundred  and  ninety- 
six  of  tliis  Code; 

Fifth — Said  diploma  of  graduation  from  any  nor- 
mal school  in  this  State,  when  accompanied  by  a 
certificate  granted  by  the  faculty  of  the  State  Uni- 
versity, showing  that  the  holder  tliereof,  subse- 
quent to  receiving  said  diploma,  has  successfully 
completed  tlie  prescribed  course  in  the  pedagogi- 
cal department  of  the  State  University,  shall  enti- 
tle the  holder  to  a  high  school  certificate  authoriz- 
ing the  holder  to  teach  in  any  primary  or  gram- 
mar school,  and  in  any  high  school  in  this  State, 


299  State  Normal  School.       §§  1504-1507 

except  in  those  in  which  the  holder  would  be  re- 
quired to  teach  languages  other  than  English. 
[Amendment  approved  March  29,  1897;  Amend- 
ments 1897,  ch.  clxxiii.] 

State  board  of  examination  abolished:  Sec.  1757, 
post. 

State  board  of  education:  Sees.  1517  et  seq. 

§  1504.  [Kepealed  March  29,  1897;  Amend- 
ments 1897,  ch.  clxxiii.] 

§  1505.  The  Superintendent  of  Public  Instruc- 
tion must  visit  each  school  from  time  to  time,  in- 
quire into  its  condition  and  management,  enforce 
the  rules  and  regulations  made  by  the  board,  re- 
quire such  report  as  he  deem  proper  from  the 
teachers  of  the  school,  and  exercise  a  general  su- 
pervision over  the  same.  [Amendment  approved 
March  29,  1897;  Amendments  1897,  ch.  clxxiii.] 

Superintendent  of  Public  Instruction:  Sees. 
1.J32.  1533. 

§  1506.  [Repealed  March  29,  1897;  Amend- 
ments 1897,  ch.  clxxiii.] 

§  1507.  Each  order  upon  the  Controller  of 
State  by  the  Board  of  Trustees  of  a  State  Normal 
School  must  be  signed  by  the  President  of  the 
Board  and  countersigned  by  the  Secretary.  Up- 
on presentation  of  the  order  aforesaid,  signed  and 
countersigned  as  aforesaid,  tlie  Controller  of  State 
must  draw  his  warrant  upon  the  State  Treasurer 
in  favor  of  the  Board  of  Trustees  for  any  mon- 
eys or  any  part  tliereof,  appropriated  and  set  apart 
for  the  support  of  the  Normal  School,  and  the 
Treasurer  must  pay  sucJi  warrants  on  presenta- 
tion.   [Approved  Marcii  15.   In  effect  July  1.  1887.] 


§§  1517-1518  State  Board  of  Education.  300 

CHAPTER  III. 

PUBLIC    SCHOOLS. 

Article  I.  State    Board    of   Education. 

II.  Superintendent    of    Public    Instruction.  i 

III.  School  Superintendents. 

IV.  Teachers'   Institutes. 
V.  School    Districts. 

VI.  Elections    for    School    Trustees. 

VII.  Boards  of  Trustees  of  School  Districts  and  City- 
Boards  of  Education. 

VIII.  District   Census    Marshals. 

IX.  Clerks  of  School  Districts. 

X.  Schools. 

XI.  Pupils. 

XII.  Teachers.  i 

XIII.  District    Libraries. 

XIV.  Educational   Journal. 

XV.     State   Board  of  Examination. 
XVI.    County  Boards   of  Examination. 
XVII.    Citv  Boards  of  Examination. 
XVIII.    County    School    Tax. 
XIX.    District   School    Tax. 
"XX.     General    Provisions     relative    to     School     Funds 

and    Taxes. 
XXI.     Miscellaneous      Provisions      relating     to     Public 
Schools. 

ARTICLE  I. 

STATE    BOARD    OF    EDUCATION. 

§  1.517.  Board,    how    constituted. 

§  1518.  Organization   of. 

§  1519.  Concurrence   of   a   majority   of  all  members   neces- 
sary. 

§  1520.  Meetings  of. 

§  1521.  General   powers   and   duties   of. 

§  1522.  Traveling   expenses   of. 

§  1517.  The  State  Board  of  Education  consists 
of  the  Governor,  the  Superintendent  of  Public  In- 
struction, and  the  Principals  of  the  State  Normal 
Schools.     [Approved  March  15,  1889.] 

See  Const.  Cal.,  art.  9. 

§  1518.  The  Governor  is  the  President,  and  the 
Superintendent  of  Public  Instruction  the  Secre- 
tary of  the  Board. 


301  State  Board  of  Education.  §§  1519-1521 

§  1519.  A  concurrence  of  a  majority  of  all  the 
members  is  necessary  to  the  validity  of  any  act  of 
the  Board. 

§  1520.  The  hoard  shall  meet  at  the  call  of  the 
secretary,  and  not  less  than  twice  in  each  year. 
[Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  237.    In  effect  immediately.] 

§  1521.  The  powers  and  duties  of  the  board  are 
as  follows: 

First- To  adopt  rules  and  regulations,  not  incon- 
sistent with  the  laws  of  this  State,  for  its  own 
government,  and  for  the  government  of  the  public 
schools  and  district  school  libraries. 

Second— To  gi-ant  educational  diplomas  of  two 
grades,  valid  throughout  the  State  for  the  period 
of  six  years,  as  follows :    - 

1.  High  School;  authorizing  the  holder  to  teach 
in  any  primary  or  grammar  school,  and  in  any 
high  school  in  which  said  holder  is  not  required 
to  teach  languages  other  than  the  English. 

2.  Grammar  School;  authorizing  the  holder  to 
teach  in  any  primary  or  grammar  school. 

Third— To  grant  life  diplomas  of  two  grades,  val- 
id throughout  the  State,  as  follows: 

1.  High  School;  authorizing  the  holder  to  teach 
in  any  primary  or  grammar  school,  and  in  any 
high  school  in  which  said  holder  is  not  required  to 
teach  languages  other  than  the  English. 

2.  Grammar  School;  authorizing  the  holder  to 
teach  in  any  primary  or  grammar  school. 

Fourth — Except  as  provided  in  section  one  thou- 
sand five  hundred  and  three  of  this  Code,  diplo- 
mas may  be  issued  only  to  such  persons  as  have 
held  for  one  year,  and  who  still  hold,  a  valid  city, 
city  and  county,  or  county  certificate  corresponding 
in  grade  to  the  grade  of  the  diploma  applied  for, 
and  who  shall  furnish  satisfactory  evidence  of  hav- 
ing had  a  successful  experience  in  teaching  of  at 
least  five  years  when  applying  for  an  educational 
diploma,  and  of  at  least  ten  years  when  applying 
for  a  life  diploma.  Every  application  must  be 
accompanied  to  the  State  board  of  education  by  a 
certified  copy  of  a  resolution  adopted  by  at  least 
a  four-fifths  vote  of  all  the  members  composing 
a  city  or  county  board  of  education,  recommend- 
ing tliat  the  diploma  be  granted,  and  also  by  an 
affidavit  of  the  applicant  specifically  setting  forth 
I'ol.  Code— 2fi. 


§  ir)21  State  Board  of  Education.  302 

the  places  in  whicli  and  the  dates  between  which 
said  applicant  has  taught,  and  tliat  said  applicant 
has  taught  a  part  of  each  year  for  five  or  ten  cal- 
endar years,  respectively.  The  five  or  ten  years 
need  not  be  consecutive  years,  but  the  aggregate 
experience  must  be  at  least  thirty-five  months  for 
an  educational  and  seventy  mouths  for  a  life  di- 
ploma; and  in  either  case  the  applicant  must  have 
had  twenty-one  months'  experience  in  the  public 
schools  of  California.  The  application  must  also 
be  accompanied  by  a  fee  of  two  dollars,  for  the 
purpose  of  defraying  the  exijense  of  issuing  the 
di])loma. 

Fifth— To  revoke  or  suspend,  for  immoral  or  un- 
professional conduct,  or  for  evident  unfitness  for 
teaching,  life  diplomas  or  educational  diplomas 
heretofore  issued,  or  that  may  hereafter  be  issued; 
and  to  adopt  such  rules  for  the  revocation  of  di- 
plomas as  they  may  deem  expedient  or  necessary. 

Sixth — To  have  done  by  the  State  printer,  or 
other  officer  having  the  management  of  the  State 
printing,  any  printing  requii'ed  by  it;  provided, 
that  all  orders  for  printing  shall  first  be  approved 
by  the  State  board  of  examiners. 

Seventh— To  adopt  and  use.  in  authentication  of 
its  acts,  an  official  seal. 

Eighth— To  keep  a  record  of  its  proceedings. 

Ninth— To  designate  some  educational  monthly 
journal  as  the  official  organ  of  the  department  of 
public  instruction.  One  copy  of  the  journal  so  des- 
ignated shall  be  furnished  b.v  the  county  superin- 
tendent to  the  clerk  of  each  board  of  district  trus- 
tees, to  be  placed  by  him  in  the  district  librai-y- 
The  county  superintendent  of  schools  shall  draw 
his  warrant  semi-annually  in  favor  of  the  pub- 
lishers of  such  school  journal,  for  a  sum  not  ex- 
ceeding one  dollar  and  fifty  cents  per  district,  for 
each  school  year,  .ind  charge  the  same  to  the 
librai-y  fund  of  the  district;  provided,  that  the 
publishers  of  such  journal  shall  be  required  to 
file  an  affidavit  with  the  superintendent  of  public 
instruction,  on  or  before  the  tenth  day  of  each 
month,  stating  that  they  had  mailed  one  copy  of 
said  journal  to  the  clerk  of  each  school  district  in 
the  State.  If  is  hereby  made  the  duty  of  the  clerk 
of  each  board  of  district  trustees  and  the  secretary 
of  each  board  of  education  to  place  each  number 
of  such  journal  in  the  school  librai'y  of  his  dis- 
trict, on  or  before  the  end  of  the  month  in  Avhich 


303  Supt.  of  Public  Instruction.    §§  1522-1532 

such  number  was  issued.  [Amendment  approved 
March  23,  1S93;  Stats.  1893,  p.  237.  In  effect  im- 
mediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  150. 

Compare  with  sec.  1874. 

Acts  relating  to  State  school  books:  See  Gen- 
eral Laws,  title  "Schools."' 

§  1522.  The  actual  traveling  expenses  of  the 
members  incurred  in  attending  the  meetings  of 
the  Board  must  be  audited  by  the  Controller,  and 
paid  out  of  the  General  Fund  in  the  State  Treas 
ury. 

ARTICLE   II. 

SUPERINTENDENT    OF   PUBLIC    INSTRUCTION. 

§  1532.    General    duties    of   Superintendent. 

§  1533.    Annual   report   of   number   of   children. 

§  1532.  It  is  the  duty  of  the  superintendent  of 
public  instruction,— 

First— To  superintendent  the  schools  of  this 
State. 

Second— To  report  to  the  governor,  on  or  before 
the  fifteenth  day  of  September  preceding  each 
I'egular  session  of  the  legislature,  a  statement  of 
the  c*ondition  of  the  State  normal  schools  and 
other  educational  institutions  supported  by  the 
State,  and  of  the  public  schools. 

Third— To  accompany  his  report  with  tabular 
statements,  showing  the  number  of  aclipol  chil- 
dren in  the  State:  the  number  attending  public 
school,  and  the  average  attendance;  the  number 
attending  private  schools,  $ind  tlie  number  not  at- 
tending schools  ^  the  amount  of  State  school  fund 
apportioned,  and  the  sources  from  which  derived; 
the  amount  raised  by  county  and  district  taxes,  or 
from  other  sources  of  revenue,  for  school  purposes; 
and  the  amount  expended  for  salaries  of  teachers, 
for  building  school  houses,  for  district  school  li- 
braries, and  for  incidental  expenses. 

Fourth— To  apportion  the  State  school  fund;  and 
to  ftirnish  an  abstract  of  such  apportionment  to 
tlie  Stiite  controller,  the  State  board  of  examin- 
ers, and  to  the  county  auditors,  county  treasiu-ers, 
nnd  county  superintendents  of  the  several  coun- 
ties of  the  State. 


§  1533  Superinteudent  of  Public  lustruction.      304 

Fifth— To  draw  his  order  on  the  controller  in 
favor  of  each  county  treasurer,  for  school  moneys 
apportioned  to  the  county. 

Sixth — To  prepare,  have  jjrinted,  and  furnish  all 
officers  charsed  with  the  administration  of  the 
laws  relating  to  the  public  schools,  and  to  teach- 
ers, such  blank  forms  and  books  as  may  be  nec- 
essary to  the  discharge  of  their  duties,  including 
blank  teachers'  certificates  to  be  used  by  county 
boards  of  education. 

Seventh — To  have  the  laws  relating  to  the  pub- 
lic schools  printed  in  pamphlet  form,  and  to  sup- 
ply school  officers  and  school  libraries  with  one 
copy  each. 

Eightli — To  visit  the  several  orphan  asylums  to 
which  State  appropriations  are  made,  and  exam- 
ine into  the  course  of  iusti'uction  therein. 

Ninth — To  visit  the  schools  in  different  counties, 
and  inquii'e  into  their  condition;  and  tlie  actual 
traveling  expenses  thus  incurred  (provided,  that 
they  do  not  exceed  fifteen  hundred  dollars  per  an- 
num) shall  be  allowed,  audited,  and  paid  out  of 
the  general  fund  in  the  same  manner  as  other 
claims  are  audited  and  paid. 

Tenth— To  authenticate  with  his  official  seal  all 
drafts  or  orders  drawn  by  him,  and  all  papers  and 
Avritings  issued  from  his  office. 

Eleventh— To  have  bound,  at  the  State  bindei-y, 
all  valuable  school  reports,  journals,  and  docu- 
ments in  his  office,  or  Jiereafter  received  by  him. 

Twelfth— To  report  to  the  controller,  on  or  be- 
fore the  tentli  day  of  July  of  each  year,  the  total 
number  of  cliildren  in  the  State  between  the  ages 
of  five  and  seventeen  years,  as  shown  by  the  lat- 
est reports  of  the  county  superintendents  on  file 
in  his  office. 

Thirteenth — To  deliver  over,  at  the  expiration  of 
his  term  of  office,  on  demand,  to  his  successor,  all 
property,  books,  documents,  maps,  records,  re- 
ports, and  other  papers  belonging  to  his  office,  or 
which  may  have  been  received  by  him  for  the  use 
of  his  office.  [  .Amendment  approved  •  March  23. 
1893;  Stats.  1893,  p.  239.    In  effect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  152. 

See  Const.  Cal.,  art.  9,  see.  2. 

§  1533.  He  sliall  have  power  to  call,  bien- 
nially,   a    convention     of  the     county     and     city 


305  School  Superintendents.  §  1542 

superintendents,  to  assemble  at  such  time  and 
place  as  he  shall  deem  most  convenient,  for 
the  discussion  of  questions  pertaining  to  the 
supervision  and  administration  of  the  public 
schools,  the  laws  relating  thereto,  and  such 
other  subjects  affecting  the  welfare  and  inter- 
est of  the  public  schools  as  shall  properly  be 
brought  before  it.  It  is  hereby  made  the  duty  of 
all  county  and  city  superintendents  to  attend  and 
talve  part  in  the  proceedings  of  such  convention 
when  it  is  called.  The  actual  expenses  of  the 
coiinty  superintendents  attending  the  convention 
shall  be  allowed  by  the  board  of  supervisors,  and 
paid  out  of  the  same  fund  as  the  salary  of  the 
county  superintendents  is  paid;  the  actual  ex- 
penses of  the  city  superintendents  attending  the 
convention  shall  be  allowed  and  paid  out  of  the 
same  fund  as  the  salary  of  such  city  superintend- 
ents is  paid.  [Amendment  approved  March  23, 
1893:  Stats.  1893,  p.  240.    In  effect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  153.  As  then  amended,  it 
read  as  follows: 

The  superintendent  of  public  instruction  must 
report  to  the  controller,  on  or  before  the  tenth  day 
of  August  of  each  year,  the  total  number  of  chil- 
dren in  the  State  between  the  ages  of  five  and  sev- 
enteen jears,  as  shown  by  the  latest  reports  of 
the  county  superintendents  on  file  in  this  office. 


ARTICLE  III. 

SCHOOL    SUPERINTENDENTS. 

§  1542.  Who   is   eligible.     (Repealed.) 

§  1543.  General   duties  of  School   Superintendents. 

§  3544.  Forfeiture  for  failure  to   report. 

§  1545.  May   appoint   teachers   and   open   schools,    when. 

§  1.546.  May   direct    repairs,    etc.,    when. 

S  1547.  Warrants    drawn    by    him.     (Repealed.) 

§  1548.  Warrants,    for   e.xpenses   and   claims. 

§  1549.  May  appoint   deputies. 

§  1550  Compensation    of    Deputy    in    cities. 

§  1551  Report  and  supervision  of  district  boundaries. 

§  1552.  Compensation    and    allowance    of   expenses. 

§  1553.  Superintendent,   when  not  to  teach. 

§  1542.  Section  fifteen  hundred  and  forty-two 
of  the  Political  Code  is  hereby  repealed.  [Approv- 
ed February  27,  and  also  March  30,  1874.] 


§  1543  School  Superintendents.  306 

Section  1542  was  repealed  by  act  approved  Feb- 
ruary 27.  1874,  and  again  by  act  approved  March 
13,  1874;  Amendments  1878-4,  113  and  84;  the  lat- 
ter took  effect  from  passage. 

§  1543.  Ic  is  the  duty  of  the  county  superin- 
tendent of  each  county: 

P'irst — To  superintend  the  schools  of  his  county. 

Second — 1.  I'o  apportion  the  school  moneys  to 
each  school  district,  as  proA'ided  in  section  one 
thousand  eight  hundred  and  fifty-eight  of  this 
Code,  at  least  four  times  a  year.  For  this  pur- 
pose he  may  require  of  the  countj-  auditor  a  re- 
port of  the  amount  of  all  school  moneys  on  hand 
to  the  credit  of  the  .several  school  funds  of  the 
county  not  already  apportioned;  and  it  is  hereby 
made  the  duty  of  the  auditor  to  furnish  such  re- 
port when  so  required;  and  whenever  an  excess 
of  money  has  accumulated  to  the  credit  of  a  school 
district  by  reason  of  a  large  census  i*oll  and  a 
small  attendance,  beyond  a  reasonal>le  amount 
necessary  to  maintain  a  school  for  eight  months 
in  such  district  for  the  year,  the  superintendent 
of  schools  shall  place  said  excess  of  money  to  the 
credit  of  the  unapportioned  school  funds  of  the 
county,  and  shall  apportion  the  same  as  other 
school  funds  are  apportioned. 

2.  If  in  any  scliool  distriv:-t  there  has  been  an 
average  daily  attendnnce  of  only  five,  or  a  number 
of  pupils  less  than  five,  during  the  whole  school 
year,  the  superintendent  shall  at  once  suspend  the 
district,  and  reiy>rt  the  fact  to  the  board  of  su- 
pervisors at  their  next  meeting.  The  board  of  su- 
pervisoi-s,  upon  receiving  such  report  from  the 
superintendent,  shall  declare  the  di.strict  lapsed, 
and  shall  attacli  the  territory  thereof  to  one  or 
more  of  the  adjoining  school  districts  in  such 
manner  as  may  be  by  them  deemed  most  conve- 
nient for  the  residents  of  said  lapsed  district. 

3.  When  any  district  has  been  declared  lapsed, 
the  board  of  supervisors  shall  sell  or  otherwise 
dispose  of  the  pi-operty  thereto  belonging,  and 
shall  place  the  proceeds  of  such  sale  to  the  credit 
of  the  district.  Thereupon  the  superintendent 
shall  determine  all  outstanding  indebtedness  of 
said  lapsed  district,  and  shall  draw  his  requisition 
upon  the  county  auditor  in  payment  thereof.  Any 
balance  of  moneys  remaining  to  the  credit  of  said 
lapsed  distiict  sliall  be  transferred  by  the  super- 


SOT  School  Superintendents.  §  1543 

iutendent  to  the  nuapportioned  school  funds  of 
the  county,  and  shall  be  apportioned  as  other 
school  tiiuds  are  apportioned.  Should  there  not  be 
sufficient  funds  to  the  credit  of  the  lapsed  district 
to  liquidate  all  of  the  outstanding  indebtedness 
thereof,  tJie  superintendent  shall  draw  his  requi- 
sition upon  the  county  auditor  pro  rata  for  the 
several  claims. 

I'hird — On  the  order  of  the  board  of  school  trus- 
tees, or  board  of  education  of  any  city  or  town 
havijig  a  board  of  education,  to  draw  his  requisi- 
tion upon  the  county  auditor  for  all  necessary  ex- 
penses against  the  school  fund  of  any  district.  The 
requisitions  must  be  drawn  in  the  order  in  which 
the  orders  therefor  are  filed  in  his  office.  Each 
requisition  must  specify  the  purpose  for  which  it 
is  drawn,  but  no  requisition  shall  be  drawn  un- 
less tlio  money  is  in  the'  fund  to  pay  it,  and  no 
requisition  shall  be  drawn  upon  the  order  of  the 
board  of  school  trustees  or  board  of  education 
against  the  funds  of  any  district  except  the  teach- 
ers' salaries,  unless  such  order  is  accompanied  by 
an  itemized  bill  showing  the  separate  items,  and 
the  price  of  each,  in  payment  for  which  the  order 
is  drawn;  nor  shall  any  requisition  for  teachers' 
salaries  be  drawn  unless  the  order  shall  state  the 
monthly  salary  of  teacher,  and  name  the  months 
for  which  such  salary  is  due.  Upon  the  receipt  of 
such  requisition  the  auditor  shall  draw  his  war- 
rant upon  the  county  treasurer  in  favor  of  the 
parties  for  the  amount  stated  in  such  requisition. 

It'ourth— To  keep,  open  to  the  inspection  of  the 
public,  a  register  of  requisitions,  showing  the  fund 
upon  which  the  requisitions  have  been  drawn,  the 
number  thereof,  in  whose  favor,  and  for  what 
puri)ose  they  were  drawn,  and  also  a  receipt  from 
the  person  to  whom  the  requisition  was  delivered. 

Fifth — To  visit  and  examine  each  school  in  his 
county  at  least  once  in  each  year.  For  every 
school  not  so  visited  the  board  of  supervisors 
must,  on  proof  thereof,  deduct  ten  dollars  from  his 
salary. 

Sixth— To  preside  over  teachers'  institutes  held 
in  his  county,  and  to  secure  the  attendance  there- 
at of  lecturers  competent  to  instruct  in  the  art  of 
teaching,  and  to  report  to  the  county  board  of  edu- 
cation the  names  of  all  teachers  in  the  county  who 
fail  to  attend  regularly  the  sessions  of  the  insti- 
tute; to  enforce  the  course  of  studv,  the  use  of 


§  1543  School  Superintendents.  308 

text-books,  and  the  rules  and  regulations  for  the 
exan]ination  of  teachers  prescribed  by  the  proper 
authority. 

Seventh— He  shall  have  power  to  issue,  if  he 
deem  it  proper  to  do  so,  temporary  certificates, 
valid  until  the  next  semi-annual  meeting  of  the 
county  board  of  education,  to  persons  holding  cer- 
tificates of  like  gi'ade  granted  in  other  counties, 
cities,  or  cities  and  counties,  or  upon  any  certifi- 
cates or  diplomas  upon  which  county  boards  are 
empowered  to  grant  certificates  without  examina- 
tion, as  specified  in  section  seventeen  hundred  and 
seventy-five;  provided,  that  no  person  shall  be  en- 
titled to  receive  sucli  temporary  certificate  more 
than  once  in  the  same  county. 

Eighth— To  distribute  all  laws,  reports,  circu- 
lai's,  instructions,  and  blanks  which  he  may  re- 
ceive for  the  use  of  school  officers. 

Ninth— To  keep  in  his  oftice  the  reports  of  the 
superintendent  of  public  instruction. 

Tenth— To  keep  a  record  of  his  official  acts,  and 
of  all  the  proceedings  of  the  county  board  of  edu- 
cation, including  a  record  of  the  standing,  in  each 
study,  of  all  applicants  examined,  which  shall  be 
open  to  the  inspection  of  any  applicant  or  his  au- 
thorized agent. 

Eleventh — Except  in  incorporated  cities  having 
boards  of  education,  to  pass  upon  and  approve  or 
reject  all  plans  for  seliool-houses.  To  enable  him 
to  do  so,  all  boards  of  trustees,  before  adopting 
any  plans  for  scliool  buildings,  must  submit  the 
same  to  the  county  superintendent  for  his  ap- 
proval. 

Twelfth— To  appoint  trustees  to  fill  all  vacancies 
to  hold  until  the  first  day  of  July  succeeding  such 
appointment;  v.'hen  new  districts  are  organized,  to 
appoint  trustees  for  the  same,  who  shall  hold  of- 
fice until  tlie  first  day  of  July  next  succeeding 
their  appointment.  In  case  of  the  failure  of  the 
trustees  to  employ  a  janitor,  as  provided  in  sec- 
tion sixteen  liundred  and  seventeen,  subdivision 
seventh,  of  this  Code,  he  shall  appoint  a  janitor, 
who  shall  be  paid  out  of  the  school  fund  of  the 
district.  Should  the  board  of  school  trustees  of 
any  district  fail  or  refuse  to  issue  an  order  for  the 
compensation  for  sucli  service,  the  superintendent 
is  hereby  authorized  to  issue,  without  such  order, 
his  requisition  upon  the  county  school  fund  appor- 
tioned to  such  district. 


309  School  Supei-inteudeuts.  §§  1544-1546 

Thirteenth— To  make  reports,  when  directed  by 
the  suocrintendeiit  of  public  instruction,  showing- 
such  matters  relating  to  the  public  schools  in  his 
•county  as  may  be  required  of  him. 

Fourteenth--To  preserve  carefully  all  reports  of 
seliool  officers  and  teachers,  and,  at  the  close  of 
his  official  term,  deliver  to  his  successor  all  rec- 
ords, books,  documents,  and  pai^ers  belonging  to 
the  ofhce,  taking  a  receipt  for  the  same,  vs^hich 
will  be  filed  in  the  office  of  the  county  clerk. 

r'ifteenth— The  county  superintendent  shall,  un- 
less otherwise  provided  by  law,  in  the  month  of 
July  of  each  year,  grade  each  school,  and  a  record 
tliereof  shall  'be  made  in  a  book  to  be  kept  by  the 
county  superintendent  in  his  office  for  this  pur- 
pose. And  no  teacher  holding  a  certificate  below 
the  grade  of  said  school-shall  be  employed  to 
teacii  the  same.  [Amendment  approved  March  16, 
1895;  Stats.  1S95,  p.  60.    In  effect  in  sixty  days.] 

§  1544.  If  he  fails  to  make  a  full  and  correct 
report,  as  required  under  the  provisions  of  sub- 
division fourteen  of  section  fifteen  hundred  and 
forty-three,  at  the  time  fixed  by  the  Superintend- 
ent "of  Public  Instruction,  he  forfeits  one  hundred 
dollars  of  his  salary;  and  the  Board  of  Supervis- 
ors, u]ion  receiving  from  the  Superintendent  of 
Tublic  Instruction  notice  of  sucli  failure,  must 
deduct  the  amount  forfeited  from  his  salary.  [Ap- 
proved March  15.  1889.] 

§  1545.  He  must,  when  there  is  sufficient  mon- 
ey in  the  fund  of  any  school  district  to  maintain 
a  free  school  therein  for  six  months,  if  the  trus- 
tees fail  to  have  such  school  kept,  appoint  a  teach- 
er, and  open  and  keep  such  school,  and  may  draw 
his  requisition  upon  the  county  auditor,  who  shall 
draw  his  warrant  upon  the  fund  of  such  district 
for  the  expense  incurred.  [Amendment  approv- 
ed April  7,  1880:  Amendments  1880.  p.  32.  In  ef- 
fect April  7,  1880.] 

Conforms  to  Const.  Cal.,  art.  9,  see.  5. 

§  1546.  He  may,  in  his  discretion,  require  the 
trustees  of  any  district  to  repair  the  school  build- 
ings or  property,  or  to  abate  any  nuisance  in  or 
about  the  premises,  if  sucli  repairs  or  abatement 
can  he  done  for  a  sum  not  exceeding  fifty  dollars, 
and  there  is  a  sufficient  amount  of  money  in  the 


§§  1547-1550  School  Superintendents.  310 

treasury  to  the  credit  of  the  district.  He  may  also 
in  all  cases  require  the  trustees  to  provide  suita- 
ble out-houses,  and.  where  practicable,  to  adorn 
the  grounds  with  fruit  and  ornamental  trees  and 
shri.ibl>pry;  and  if  the  trustees  neglect  to  make 
such  provision,  he  may  cause  it  to  be  done,  and 
pay  for  it  on  his  requisition  upon  the  county  au- 
ditor, who  shall  draw  his  warrant  payable  out  of 
any  money  to  the  ci'edit  of  the  district.  [Amend- 
ment approved  April  7,  1880:  Amendments  1880, 
p.  33.    In  effect  April  7,  1880.] 

§  1547.  Sections  fifteen  hundred  and  forty-sev- 
en, sixteen  hundred  and  eighteen,  and  seventeen 
hundred  and  seventy-six  of  the  Political  Code  are 
herebv  repealed.  [Repealed  March  28.  1874; 
Amendments  1873-4,  p.  111.  In  effect  March  28, 
1874.] 

§  1548.  He  may  draw  his  requisition  upon  the 
county  aufiitor.  y\'hn  shall  draw  his  warrant  on 
the  unapportioned  county  school  fund,  in  his  own 
favor,  for  the  binding  of  school  documents,  not  to 
exceed  twenty  doUai-s  a  year;  for  postage  and  ex- 
pressage  for  his  office,  not  to  exceed  two  dollars 
for  each  district  of  his  county,  and  for  such  other 
incidental  expenses  as  may  be  authorized  by  law; 
provided,  that  not  more  than  one  half  of  such  al- 
lowance sliall  be  used  during  the  first  six  months 
of  any  school  year,  except  by  unanimous  consent 
of  tlie  board  of  supervisors;  and  provided  fur- 
ther, that  in  incorporated  cities,  each  school  con- 
taining three  himdred  pupils  shall  be  considered 
equal  to  one  school  district.  [Amendment  ap- 
proved March  20,  1891;  Stats.  1891,  p.  155.] 

§  1549.  Each  county  superintendent  may  ap- 
point a  deputy,  but  no  salary  payable  out  of  the 
school  fund  '  must  be  allowed  such  deputy. 
[Amendment  approved  March  28.  1874;  Amend- 
ments 1873-4,  p.  90.     In  effect  March  28.  1874.] 

§  1550.  The  deputy  school  superintendent  of 
any  city,  or  city  and  county,  havinc  over  thirty 
thonsand  inhaliitants.  may  "receive  such  compen- 
sation as  the  board  of  education  thereof  pre- 
scribes, payable  in  the  same  manner  and  oiit  of 
the  same  fund  as  the  superintendent  of  schools 
tliereof  is  paid.  [Amendment  approved  March  4, 
1880;  Amendments  1880.  p.  40.  In  effect  March  4, 
1880.] 


311  Scliool  Superintendents.  §§  1551-1553 

^  1551.  Every  school  superintendent  in  this 
State  must,  on  or  before  the  lirst  day  of  Julj'  in 
each  year,  report  to  the  superintendent  of  public 
instruction,  and  to  the  board  of  supervisors  of  his 
county,  the  number  of  children  therein  between 
the  ages  of  five  and  seventeen  years,  as  appears 
by  tlie  latest  returns  of  the  census  marshals  on 
tile  in  his  otiice.  It  shall  be  the  duty  of  every 
county  superintendent  to  inquire  and  ascertain 
whether  the  boundaries  of  the  school  districts  in 
his  county  are  definitely  and  plainly  described  in 
the  records  of  the  boards  of  supervisors,  and  to 
keep  in  his  office  a  full  and  correct  transcript  of 
such  boundaries.  In  case  the  boundaries  of  dis- 
tricts are  convicting,  or  incorrectly  described,  he 
shall  report  such  fact  to  tlie  board  of  supervisors, 
and  the  board  of  supervisors  shall  immediately 
take  such  steps  as  are  necessary  to  chanse,  har- 
monize, and  clearly  define  them.  The  county  su- 
perintendent, if  he  deem  it  necessary  for  the  j^uid- 
ance  of  school  census  marshals,  may  order  the  de- 
scription of  the  district  boundaries  printed  in 
pamphlet  form,  and  pay  for  the  same  out  of  the 
county  school  fund.  [Amendment  approved  March 
23,  1893;  Stats.  1893,  p.  243.  In  effect  immedi- 
ately.] 

Tliis  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  156. 

§  1552.  Each  county  superintendent  shall  re- 
ceive his  actual  and  necessary  traveling  expenses, 
said  expenses  to  be  allowed  by  the  board  of  super- 
visors, and  to  be  paid  out  of  the  county  general 
fund;  provided,  that  this  amount  shall  not  exceed 
ten  dollars  per  district  per  annum.  [Amendment 
approvec'  March  20,  1891;  Stats.  1891,  p.  156.  J 

§  1553.  No  school  supei'intendent  who  receives 
an  annual  salary  of  fifteen  hundred  dollars  or 
more  must  follow  the  profession  of  teaching,  or 
any  other  vocation  that  can  conflict  with  his  du- 
ties as  superintendent;  but  those  receiving  less 
than  fifteen  hundred  dollars  per  annum  may 
teacli  in  the  pu])lic  schools  of  this  State.  [Amend- 
ment appi-oved  March  23,  1893:  Stats.  1893,  p.  243. 
In  effect  immediately.] 


S§  15G0-ir)63      Teachers'    Institutes.  312 

ARTICLE  IV. 

TEACHERS'   INSTITUTES. 

§  1560.  To   be  held  annually  in   certain   counties. 

§  1561.  When   held   in   other   counties. 

§  1562.  Length    of    sessions. 

§  1563.  Pay  of  teachers  in  attendance. 

§  1564.  Expenses  of  Institute,   how  paid. 

§  1565.  Teachers'    Institute    Fund. 

§  1560.  The  superintendent  of  every  county  in 
which  there  are  twenty  or  more  school  districts, 
and  of  every  city  and  county  in  the  State,  must 
hold  at  least  one  teachers'  institute  in  each  year; 
and  every  teacher  employed  in  a  public  school  in 
the  county  must  attend  such  institute,  and  partic- 
ipate in  its  proceedings;  provided,  that  cities  em- 
ploying seventy  or  more  teachers  may  have  a 
separate  institute,  to  meet  at  least  once  a  year, 
the  sessions  to  be  of  not  less  than  three  nor  more 
than  five  days;  and  provided  further,  that  teach- 
ers attending  such  city  institute  shall  not  be  re- 
quired to  attend  the  county  institute.  The  ex- 
penses of  such  city  institutes,  not  exceeding  two 
hundi-ed  dollars  annually,  shall  be  paid  from  the 
special  school  funds  of  said  city.  [Amendment 
approved  March  23,  1893;  Stats.  1893,  p.  244.  In 
effect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  156. 

§  1561.  In  any  county  in  which  there  are  less 
than  twenty  school  districts,  the  county  superin- 
tendent may,  in  his  disci'etiou,  hold  an  institute; 
Avhen  directed  by  the  county  board  of  education, 
he  shall  hold  an  institute  not  oftener  than  once 
each  year,  at  such  tinle  and  place  as  the  board 
may  direct.  [Amendment  approved  March  23, 
1893;  Stats.  1893,  p.  244.    In  effect  immediately.] 

§  1562.  Each  session  of  the  Institute  must  con- 
tinue not  less  than  three  nor  more  than  five  days. 

§  1563.  When  the  Institute  is  held  during  the 
time  that  teachers  are  employed  in  teaching,  their 
pay  must  not  be  diminished  by  reason  of  their  at- 
tendance. 


313  Teachers'   Institutes.      §§  1564,  1565 

§  1564.  The  county  superintendent  must  Iseep 
an  accurate  account  of  the  actual  expenses  of 
said  institute,  with  vouchers  for  the  same,  and 
draw  his  requisition  upon  the  county  auditor,  who 
shall  draw  his  warrant  on  the  unapportioned 
county  school  fimd  to  pay  said  amount;  provided, 
that  such  amount  must  not  exceed  two  hundred 
dollars  for  any  one  year.  [Amendment  approved 
]March  23,  1S93;  Stats.  1893,  p.  244.  In  effect  im- 
mediately.] 

§  1505.  Except  for  a  temporary  certificate,  and 
except  as  provided  in  subdivision  second  of  sec- 
tion one  tliousand  five  hundred  and  three  of  the 
Political  Code,  every  applicant  for  a  teacher's  cer- 
tificate, or  for  the  renewal  of  a  certificate,  upon 
presentiuii"  his  application,  shall  pay  to  the  county 
superintendent  a  fee  of  two  dollar.s,  to  be  by  him 
immediately  deposited  with  the  county  treasurer, 
to  the  credit  of  a  fund  to  be  known  as  the  teach- 
ers' institute  and  library  fund.  All  funds  so  cred- 
ited shall  be  drawn  out  only  upon  the  requisition 
of  the  (!ounty  superintendent  of  schools  upon  the 
county  auditor,  who  shall  draw  his  warrant  in 
jjayment  of  the  services  of  instructors  in  the  coun- 
ty teachei's'  institute;  provided,  they  be  not  teach- 
ers in  the  public  schools  of  the  county  in  which 
such  institute  is  held;  and  for  the  purchase  of 
books  foi-  a  library  for  the  use  of  the  teachers  of 
the  county.  At  least  fifty  per  cent  of  the  teachers' 
Institute  and  library  fund  shall  be  expended  for 
books.  The  county  superintendent  shall  take 
f -liar CO  of  the  teachers'  library,  prepare  a  cata- 
logue of  its  contents,  and  keep  a  correct  recoi'd  of 
books  taken  therefrom  and  returned  thereto. 
[Amendment  approved  March  23,  1893;  Stats.  1893, 
p.  244.     In  effect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Slats.  1891,  p.  156. 
Pol.  Code-27. 


§§  1575,  1576  School    Districts.  314 

ARTICLE  V. 

SCHOOL    DISTRICTS. 

§  1575.  Names  of  districts. 

§  1576.  What  forms  districts. 

§  1577.  Formation  of  new  and  changing  boundaries  of  old. 

§  157S.  Duties  of   Superintendent  on  receipt  of  petition. 

§  1579.  Duties   of   Supervisors   on   same. 

§  15S0.  New  district,   when  not  to  share  in  school  moneys. 

§  1581.  Action  creating  new  districts  void  in  certain  events. 

§  1582.  New   district,    when  to   share  in  school   moneys. 

§  1583.  Management    of   joint   districts. 

§  1575.  Every  school  district  must  be  designat- 
ed by  the  name  and  style  of  " District  (using 

the  name  of  the  district),  of Coimty"  (using 

tlie  name  of  the  cotinty  in  which  .such  district  is 
situated);  and  in  that  name  the  trustees  may  sue 
and  be  sued,  and  hold  and  convey  property  for 
the  use  aud  benefit  of  such  district.  A  number 
must  not  be  used  as  a  part  of  the  designation  of 
any  school  district. 

§  1576.  Every  city  or  incorpoi-ated  town,  un- 
less subdivided  by  the  legislative  authority  there- 
of, shall  constitute  a  separate  school  district, 
which  sliall  be  governed  by  the  board  of  educa- 
tion or  board  of  school  trustees  of  such  city  or  in- 
corporated town;  provided,  that  whenever  a  city 
or  town  shall  be  incorporated  the  board  of  super- 
visors of  the  county  may  annex  thereto,  for  school 
purposes  only,  tlie  remainder,  or  any  part  of  the 
remainder,  of  the  district  or  districts  from  which 
such  city  or  incorporated  town  was  organized, 
whenever  a  majority  of  the  heads  of  families  re- 
siding therein,  as  shown  by  the  last  preceding 
school  census,  shall  petition  for  such  annexation; 
and  provided  further,  that  the  board  of  supervis- 
ors may  include  more  territory  than  the  remain- 
der of  the  district  or  districts  from  which  the 
cit.v  or  incorporated  town  Avas  organized,  when- 
ever a  petition  for  such  purpose  is  presented  to 
them,  signed  by  a  majority  of  the  heads  of  fami- 
lies, as  sliown  by  the  last  preceding  school  census, 
residing  in  sucli  additional  territory.  When  said 
remainder  or  part  thereof,  or  said  additional  ©ut- 
side  territory,  has  been  annexed  to  said  city  or 


315  School  Districts.  §  1577 

incorporated  town,  it  shall  be  deemed  a  part  of 
said  city  or  incorporated  town  for  the  purpose  of 
holding  the  general  municipal  election,  and  shall 
form  one  or  more  election  precincts,  as  may  be  de- 
termined by  the  legislative  authority  of  said  city 
or  incorporated  town,  the  qualified  electors  of 
whicli  shall  vote  only  for  the  board  of  education, 
or  the  board  of  school  trustees;  and  such  outside 
territory  shall  be  deemed  to  be  a  part  of  said  city 
or  incorporated  town  for  all  matters  connected 
with  the  school  department  thereof,  for  the  annual 
levying  and  collecting  of  the  property  tax  for  the 
school  funds  of  said  city  or  incorporated  town: 
and  for  all  purposes  specified  in  sections  one  thou- 
sand eight  liundred  and  eighty  to  one  thousand 
eiglit  huudred  and  eighty-eight  of  this  Code,  in- 
clusive. [Amendment  approved  March  23,  1893; 
Stats.  1S93,  p.  2-15.    In  elTect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  157.  As  then  amended,  it 
read  as  follows: 

Every  county,  city,  or  incorporated  town,  unless 
subdivided  by  the  legislative  authority  thereof, 
forms  a  school  district;  provided,  that  whenever  a 
city  or  town  shall  be  incorporated,  the  board  of 
supervisors  may,  upon  petition,  annex  thereto,  for 
school  purposes  only,  the  remainder  of  the  dis- 
trict or  districts  from  which  said  city  or  town  was 
organized,  or  any  part  thereof;  and  provided  fur- 
ther, that  whenever  any  territory  shall  be  annexed 
to  a  city  or  an  incorporated  town  for  school  pur- 
poses, the  board  of  education  or  of  school  trustees 
of  said  city  or  incorporated  town  shall  have  full 
control,  for  school  purposes  only,  of  the  territory 
or  property  so  annexed. 

§  1577.  First— No  new  school  district  shall  be 
formed  at  any  other  time  than  between  the  first 
day  of  December  and  the  fifth  day  of  April,  nor 
at  that  time  unless  the  parents  or  guardians  of  at 
least  fifteen  census  children,  residents  of  such 
proposed  new  district,  and  i-esiding  at  a  greater 
distance  than  two  miles  by  a  traveled  road  from 
the  public  school-house  in  the  district  in  which 
said  parents  or  guardians  reside,  pi'esent  a  peti- 
tion to  tlie  superintendent  of  schools,  setting  forth 
the  boundaries  of  the  new  district  asked  for;  pro- 
vided, that  the  provision  requiring  that  the  peti- 
tioners shall  reside  a  distance  of  more  than  two 


§  1577  School  Districts.  316 

miles  by  a  traveler!  road  from  tlie  said  public 
school-bouse  may  be  dispensed  with  when  tlie 
petition  sliall  be  siirned  by  the  parents  or  guard- 
ians of  fifty  or  more  census  children  residents  of 
a  district  containing  more  than  three  hundred  cen- 
sus children. 

Second — The  boundaries  of  a  school  district,  ex- 
cept as  provided  in  section  one  thousand  five  hun- 
dred and  fifty-one  of  the  Political  Code,  shall  be 
changed  only  between  the  first  day  of  January 
and  the  fifth  day  of  April  in  any  year,  and  then 
only  when  at  least  ten  heads  of  families  residing 
in  the  districts  affected  by  the  proposed  change 
of  boundaries  shall  present  to  the  superintendent 
of  schools  a  petition  setting  forth  the  changes  of 
boundaries  desired,  and  the  reasons  for  the  same; 
pi-ovided,  tliat  two  or  more  districts  lying  contig- 
uous may,  at  any  time,  be  united  to  constitute  but 
one  district,  whenever  a  petition  signed  by  a  ma- 
jority of  the  heads  of  families  residing  in  each  of 
said  districts  shall  be  presented  to  the  superintend- 
ent of  scliools. 

Third — Joint  districts — that  is,  districts  lying 
partly  in  one  county  and  partly  in  another — may 
be  formed  at  any  time  between  the  first  day  of 
December  and  the  fifth  day  of  April  in  any  year, 
whenever  a  petition  signed  by  the  parents  or 
guardians  of  at  least  fifteen  census  children,  resi- 
dents of  such  proposed  joint  district,  and  residing 
at  a  greater  distance  than  two  miles  by  a  trav- 
eled road  from  any  public  school-house,  shall  be 
presented  to  the  superintendent  of  eacli  county  af- 
fected by  the  proposed  formation  of  tlie  joint  dis- 
trict; and  provided  further,  that  the  provision 
requiring  that  the  petitioners  shall  reside  a  dis- 
tance of  more  than  two  miles  by  a  traveled  road 
from  any  public  school-house  may  be  dispensed 
Avith  when  the  petition  shall  be  signed  by  the 
parents  or  guardians  of  fifty  or  more  census  chil- 
dren residents  of  districts  any  one  of  Avhich  con- 
tains more  than  three  hundred  census  children. 
All  the  provisions  relative  to  the  formation  of 
joint  districts  shall  be  by  concurrent  action  of  the 
superintendent  and  the  board  of  supervisors  of 
each  county  affected. 

Fourth — The  children  residing  in  any  newly 
formed  district,  in  any  district  whose  boundaries 
have  been  changed,  or  in  any  joint  district,  shall 
be  permitted  to  attend  the  school  in  the  district  or 


317  School  Districts.  §§  1578-ir)81 

districts  from  wliicb  tlie  newly  formed  district 
was  constituted  until  tlie  first  day  of  July  next 
succeeding  the  formation  or  change. 

Fifth- -Whenever  a  district  shall  be  united  with 
a  municii)ality,  or  with  another  district,  all  funds 
belonainii'  to  said  district  shall  be  transferred  by 
requisition  of  tlie  superintendent  of  the  county 
upon  the  county  auditor,  to  the  municipality  or 
district  with  which  said  district  is  united. 
[Amendment  approved  March  23,  1893;  Stats. 
1S93,  p.  245.    In  effect  immediately.] 

§  1578.  After  giving  due  notice  to  all  parties 
interested,  by  sending  notice  by  registered  mail 
to  each  of  the  trustees  of  any  school  district  that 
may  be  affected  by  the  projjosed  change,  or  by 
causing  notices  to  be  posted  in  three  public  places 
in  each  district  affected,  one  of  which  shall  be  at 
the  door  of  the  school-house  of  said  district,  for 
at  least  one  week,  the  county  superintendent  must 
transmit  the  petition  to  the  board  of  supervisors, 
with  his  approval  oi-  disapproval.  If  he  approves 
the  petition  he  may  note  such  changes  in  the 
boundaries  as  lie  may  think  desirable.  [Approved 
March  15,  1889.1 

§  1579.  The  board  of  supervisors  must,  at  their 
first  meeting  after  the  receipt  of  the  petition,  act 
upon  the  same.  If  the  board  establishes  the  dis- 
trict, they  may  do  so  in  accordance  with  the  orig- 
inal prayer  of  the  petition,  or  with  such  modifica- 
tions as  they  choose  to  make.  "  [Amendment  ap- 
proved March  28.  1874:  Amendments  1873-4,  p.  93. 
In  effect  ISlarch  28,  1874.] 

§  1580.  Section  fifteen  hundred  and  eighty  of 
the  Political  Code  is  hereby  repealed.  [Approved 
March  15,  1889.] 

§  1581.  After  the  making  of  an  order  by  the 
board  of  supervisors  creating  a  new  district,  the 
scliool  must  be  opened  therein  not  later  than  rhe 
second  INloiiday  of  September  in  the  year  in  whicli 
the  ordei'  was  made;  otherAA-ise  said  order  shall  be 
null  and  A^oid.  [Amendment  approved  March  23, 
1893;  Stats.  1893,  p.  24ti.     In  effect  immediately.] 

Thi;3  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  157.  As  then  amended,  it 
read  as  follows: 


§§  1582,  1583  School  Districts.  318 

Unless  witb-in  six  months  after  the  making:  of 
an  order  creating  a  new  school  district,  school  is 
opened  therein,  the  order  shall  cease  to  have  ef- 
fect. 

§  1582.  Section  fifteen  hundred  and  eighty-two 
of  the  Political  Code  is  hereby  repealed.  [March 
15,  1889.] 

§  1583.  Whenever  a  district  lies  partly  in  one 
county  and  partly  in  another,  the  county  superin- 
tendent miist  apportion  to  such  district  such  pro- 
portion of  the  school  money  to  which  such  dis- 
trict is  entitled  as  the  number  of  school  census 
children  residing  in  that  portion  of  the  district 
situated  in  his  county  bears  to  the  whole  number 
of  school  census  children  in  the  whole  district. 
The  text-boolvs  to  be  used  and  the  rules  govern- 
ing the  school  in  such  district  shall  be  those  adopt- 
ed by  the  board  of  education  of  the  county  in 
which  the  school-house  in  said  joint  district  is 
located.  The  trustees  and  teachers  of  joint  dis- 
tricts shall  malve  to  the  superintendents  of  each 
county  in  which  the  district  is  located  the  reports 
which  other  trustees  and  teachers  are  required  to 
make,  and  also  the  number  of  pupils  attending  the 
school  from  each  county.  The  teacher  in  such 
joint  district  shall  not  be  required  to  hold  a  cer- 
tificate in  both  counties.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  24G:  in  effect  imme- 
diately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.   1891.   p.   157. 


319        Elections  for  School  Trustees.  §§  1593,  1594 

ARTICLE  VI. 

ELECTIONS    FOR    SCHOOL   TRUSTEES. 

§  1593.  Elections    for    Trustees,    when    and    where    held. 

§  1594.  Elections    in    new    districts. 

§  1595.  Notices   of   election. 

§  1596.  Judges   and    Inspectors,    how    appointed. 

§  1597.  Opening  and   closing  polls. 

§  1598.  Who   may   vote. 

§  1.599.  Voting  must  be  by  ballot. 

§  1600.  Challenges. 

§  1601.  Poll   lists. 

§  1602.  Certificates    of    election. 

§  1593.  An  election  for  school  trustees  must  be 
held  in  each  school  district  on  the  first  Friday  of 
June  of  each  j^ear.  at  the  district  school-house,  if 
there  is  one,  and  if  tliere  is  none,  at  the  place  to 
be  designated  by  the  board  of  trustees. 

1.  The  number  of  school  trustees  for  any  school 
district,  except  wliere  city  boards  are  otherwise 
autliorized  by  law,  sliall  be  three.  No  person  shall 
be  deemed  ineligible  to  the  office  of  trustee  on  ac- 
count of  sex. 

2.  In  new  school  districts,  tlie  school  trustees 
shall  be  elected  on  the  first  Friday  of  June  sub- 
sequent to  the  formation  of  the  district,  to  hold 
office  for  one,  two,  and  tliree  years  respectivfely, 
from  the  first  day  of  July  next  succeeding  their 
election. 

3.  When  a  vacancy  occurs  from  any  of  the 
causes  specified  in  section  nine  liuudred  and 
ninety-six  of  this  Code,  the  superintendent  shall 
appoint  a  suitable  person  to  till  such  vacancy, 
until  the  first  day  of  .luly  next  succeeding  the 
appointment,  and  a  party  shall  be  elected  at  the 
next  June  election,  to  hold  office  for  the  remainder 
of  the  term. 

4.  Except  as  provided  in  subdivisions  two  and 
three  of  tliis  section,  one  trustee  shall  be  elected 
annually,  to  hold  office  for  three  years,  or  until 
his  successor  shall  be  elected  and  qualified. 
[Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  247;  in  effect  immediately.] 

§  1594.  Section  fifteen  hundred  and  ninety-four 
of  the  I'olitical  Code  is  hereby  repealed.  [March 
15,   1889.] 


§§  1595-1599  Elections  for  School  Trustees.        320 

§  1595.  Not  less  than  ten  days  before  the  elec- 
tion required  under  section  fifteen  hundred  and 
ninety-three,  tlie  Trustees  must  post  notices  in 
three  public  places  in  the  district,  -svhieh  notices 
must  specify  the  time  and  place  of  election,  and 
the  hours  during:  which  the  polls  will  be  kept 
open:  if  within  five  days  of  the  election  the  Trus- 
tees have  failed  to  post  the  notices  required  under 
this  section,  then  any  three  electors  of  the  dis- 
trict may  sive  notice  of  such  election.  [Amend- 
ment approved  March  28.  1874:  Amendments  1873- 
4,  p.  93;  in  effect  March  28,  1874.] 

§  1596.  Trustees  must  appoint  one  inspector 
and  two  judges  of  election;  if  none  ai'e  so  ap- 
pointed, or  if  those  appointed  are  not  present  ai 
the  time  for  opening  the  polls,  the  electors  present 
may  appoint  them,  and  they  shall  conduct  the 
election.  [Amendment  approved  March  23,  1893; 
Stats.  1893,  p.  247;  in  effect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats  1891,  p.  157. 

§  1597.  In  districts  in  which  the  number  of 
cliildren  between  five  and, seventeen  years  of  age 
exceed  five  hundred,  the  polls  must  be  opened  at 
eight  o'clock  a.  m..  and  kept  open  until  sundown. 
In  other  districts  the  polls  must  not  be  opened  be- 
fore nine  o'clock  a.  m..  nor  kept  open  less  than 
four  hours.  [Amendment  approved  April  7.  1880; 
Amendments  1880.  p.  35;  in  effect  April  7,  1880.] 

§  1598.  Every  qualified  elector  of  the  county. 
Avho  has  resided  in  the  district  for  thirty  days 
next  preceding  the  election,  may  vote  thereat. 
[Amendment  approved  April  7.  1880;  Amendments 
1880.  p.  35;  in  effect  April  7,  1880.] 

§  1599.  The  voting  must  be  by  ballot  (^without 
I'cferencc  to  tlie  general  election  law  in  regard  to 
nomin.ntions.  form  of  ballot,  or  manner  of  voting), 
which  sliall  be  handed  by  the  elector  voting  to  the 
_  inspector,  who  shall  then,  in  his  presence,  deposit 
'  the  same  in  the  ballot-box,  and  the  judges  shall 
enter  the  elector's  name  on  the  poll  list.  [Amend- 
ment approved  :\Iarch  23,  1893;  Stats.  1893.  p.  247; 
in  effect  immediately.] 

This  section  was  amended  at  the  session  of  1891 
(Stats.  1891,  p.  157i.  as  follows: 


321        Elections  for  School  Trustees.  §§  1600-1602 

The  voting  must  be  by  ballot;  provided,  that  the 
provisions  of  sections  eleven  hundred  and  eighty- 
seven  and  eleven  hundred  and  ninety-one  of  the 
Political  Code  may  be  dispensed  with;  but  in  all 
other  respects  it  shall  conform  to  the  provisions  of 
the  general  election  law. 

§  1600.  Any  person  offering  to  vote  may  be 
challenged  by  any  elector  of  the  district,  and  the 
judges  of  election  must  thereupon  administer  to 
the  person  challenged  an  oath,  in  substance  as 
follows:  "You  do  swear  that  you  are  a  citizen  of 
the  United  States,  that  you  are  twenty-one  years 
of  age,  that  you  have  resided  in  this  State  one 
year,  in  tliis  county  ninety  days,  and  in  this  school 
district  thirty  days  next  preceding  this  election, 
and  that  your  name  is  on  the  Great  Register  of 
this  county,  and  that  you  -have  not  before  voted 
this  day."  If  he  takes  the  oath  prescribed  in  this 
section,  his  vote  must  be  received,  otherwise  his 
vote  must  be  rejected.  [Amendment  approved 
April  7,  1880;  Amendments  1880,  p.  35;  in  effect 
April  7,  1880.] 

§  1601.  A  poll  and  tally  list  must  be  kept  and 
returned  to  the  Board  of  Trustees. 

§  1602.  The  officers  of  election  must  publicly 
canvass  the  votes  immediately  after  closing  the 
polls,  and  malce,  sign,  and  deliver  cei'tiflcates  of 
election  to  the  person  or  persons  elected,  which 
must,  with  the  oatii  of  office  of  the  person  so 
elected  attached,  be  forwarded  to  the  county 
superintendent  of  schools,  and  filed  in  his  office. 
[Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  248;  in  effect  immediately.] 


§§  1611-1614   Trustees  and  City  Boards.  322 


ARTICLE   VII. 

BOARDS    OP   TRUSTEES   OF   SCHOOL   DISTRICTS,    AND 
CITY  BOARDS   OF  EDUCATION. 

§  1611.    School  district  government. 

§  1612.    Terms  of  otRce,  new  districts,   etc. 

§  1613.    Term    of    office. 

§  1614.    Vacancies,    how    filled. 

§  1615.    Trustees   of  old,   hold  over  in  new,   districts. 

§  1316.  Boards  of  Education  provided  for  by  special  stat- 
utes. 

§  1617.  General  powers  of  Boards  of  Trustees  and  of  Edu- 
cation. 

§  1618.    Teachers'    salaries    in    certain    cities.    [Repealed.] 

§  1619.    Must  maintain  all  schools  for  equal  length  of  time. 

§  1620.    Stationery,   etc.,   to  be  furnished  to  pupils. 

§  1621.    School   moneys,    how   used. 

§  1622.    Same. 

§  1623.    Liabilities  of  Trustees  on  contracts. 

§  1624.  Liability  of  Board  for  dereliction  as  to  school 
moneys. 

§  1625.    Repealed. 

§  1611.  Except  ■when  otherwise  authorized  by 
laAV,  every  school  district  sliall  be  under  the  con- 
trol of  a  Board  of  Scliool  Trustees,  consistin.ir  of 
three  members.  [Amendment  approved  April  7, 
1880;  Amendments  1880.  p.  36;  in  effect  April  7, 
1880. J 

§  1612.  Section  sixteen  hundred  and  twelve  of 
the  Political  Code  is  lierel^v  repealed.  [Act  of 
March  15,  1889.]     (Statute  1889,  p.  185.) 

§  1613.  The  term  of  office  of  school  trustees  is 
three  years,  from  the  first  day  of  July  next  suc- 
ceeding their  election.     [In  effect  Mai'ch  15.  1887.] 

§  1614.  First.  Vacancies  in  the  office  of  school 
trustee  are  caused  by  the  happening  of  any  of 
the  events  specified  in  section  nine  hundred  and 
ninety-six  of  the  Political  Code,  or  by  failure  to 
elect,  as  provided  in  section  one  thousand  five 
hundred  and  ninety-three  of  this  Code. 

Second.  When  a  school  trustee  resigns,  his  res- 
ignation must  be  sent  in  writing  to  the  county 
superintendent  of  schools.    [Amendment  approved 


323  Trustees  and  City  Boards.  §§  1615-1617 

March  23,  1893;  Stats.  1893,  y.  248;  in  effect  imme- 
diately.] 

§  1615.  First.  When  a  new  district  is  organ- 
ized, such  of  the  trustees  of  the  old  district  as 
reside  within  the  boundaries  of  the  new  shall  be 
trustees  of  the  new  district  until  the  expiration  of 
the  time  for  which  they  were  elected. 

Second.  When  joint  districts  are  formed,  three 
trustees  shall  be  elected  at  the  June  election  next 
succeeding  the  formation  thereof,  to  hold  oflice  for 
one,  two,  and  three  years,  respectively,  from  the 
first  day  of  July  next  succeeding  their  election. 
The  terms  of  the  trustees  in  the  districts  uniting 
to  form  the  joint  district  shall  expire  on  the  for- 
mation of  said  joint  district,  and  the  superintend- 
ent of  the  county  in  which  lies  the  district  having 
the  greater  number  of  census  children  shall  ap- 
point two  trustees,  and  the  superintendent  of  the 
county  in  which  the  other  district  lies  shall  ap- 
point one  trustee,  to  hold  office  until  the  first  day 
of  July  next  succeeding  the  formation  of  the  joint 
district.  [Aniendment  approved  March  23,  1893; 
Stats.  1893,  p.  248;  in  effect  immediately.] 

§  1616.  Boards  of  Education  are  elected  in 
cities  under  the  provisions  of  the  laws  governing 
such  cities,  and  their  powers  and  duties  are  as 
prescribed  in  such  laws,  except  as  otherwise  in 
this  chapter  provided.  [Amendment  approved 
April  7.  1880;  Amendments  1880,  p.  36;  in  effect 
April  7,  1880.] 

§  1617.  The  powers  and  duties  of  trustees  of 
school  districts,  and  of  boards  of  education  in 
cities,  are  as  follows: 

First.  To  prescribe  and  enforce  rules,  not  in- 
consistent with  law  or  those  prescribed  by  the 
state  board  of  education,  for  their  own  govern- 
ment and  government  of  schools,  and  to  transact 
their  business  at  regular  or  special  meetings, 
called  for  sucli  purpose,  notice  of  which  shall  be 
given  each  member. 

Second.  To  manage  and  control  the  school  prop- 
erty within  their  districts,  and  to  pay  all  moneys 
collected  by  them,  from  any  source  whatever,  for 
school  purposes,  into  the  county  treasury,  to  be 
placed  to  the  credit  of  the  special  fund  'of  their 
districts. 


§*1617  Trustees  and  City  Boards.  324 

Third.  To  purchase  text-boolis  of  the  state  ser- 
ies for  the  use  of  pupils  whose  parents  are  unable 
to  purchase  them,  school  furniture,  including  or- 
gans and  pianos,  and  apparatus,  and  such  other 
things  as  may  be  necessary  for  the  use  of  schools, 
provided,  that,  except  in  incorporated  cities  having 
boards  of  education,  they  purchase  such  boolis 
and  apparatus  only  as  have  been  adopted  by  the 
county  board  of  education. 

Fourth.  To  rent,  furnish,  repair,  and  insure  the 
school  property  of  their  respective  districts. 

Fifth.  When  directed  by  a  vote  of  their  district, 
to  build  school-houses  or  to  purchase  or  sell  school 
lots. 

Sixth.  To  make,  in  the  name  of  the  district,  con- 
veyances on  all  property  belonging  to  the  district, 
and  sold  by  them. 

Seventli.  To  employ  the  teachers,  and,  except- 
ing in  incorporated  cities  having  boards  of  educa- 
tion, immediately  notify  the  superintendent  of 
schools,  in  writing,  of  siich  employment,  naming 
the  grade  of  certificate  held  by  the  teachers  em- 
ployed; al.so.  to  employ  janitors  and  other  em- 
ployees of  the  schools;  to  fix  and  order  paid  their 
compensation,  unless  the  same  be  otherwise  pre- 
scribed by  law;  provided,  that  no  board  of  trustees 
shall  enter  into  any  contract  with  such  employees 
to  extend  beyond  the  thirtieth  day  of  June  next 
ensuing. 

Eighth.  To  suspend  and  expel  pupils  for  mis- 
conduct. 

Ninth.  To  exclude  from  schools  children  under 
six  years  of  age;  provided  that  in  cities  and  towns 
in  wliich  thelvindergarten  has  been  adopted,  or 
may  hereafter  be  adopted,  as  a  part  of  the  public 
priiuaiT  schools,  children  may  be  admitted  to  sncli 
Ivindergarten  classes  at  the  age  of  four  years. 

Tenth.  To  enforce  in  schools  the  course  of  study 
and  the  use  of  text-books  prescribed  and  adopteii 
by  the  proper  authority. 

Eleventh.  To  appoint  district  librarians,  and  en- 
force the  rules  prescribed  for  the  government  of 
district  libraries. 

Twelfth.  To  exclude  from  school  and  school  li- 
braries all  books,  publications,  or  papers  of  a 
sectarian,  partisan,   or  denominational  character. 

Thirteenth.  To  furnish  books  for  the  children  of 
parents  unable  to  purchase  them;  the  books  so 
fninished  to  belong  to  the  school  district,  and  to 


325  Trustees  and  City  Boards.  §  1G17 

be  kept  iu  the  district  scliool  library  when  not 
in  use. 

Fourteenth.  To  Iceep  a  register,  open  to  the  in- 
spection of  the  public,  of  all  children  applying  for 
admission  and  entitled  to  be  admitted  into  the 
public  scliools,  and  to  notify  the  parents  or  guar- 
dians of  such  children  when  vacancies  occur,  and 
receive  such  children  into  the  school  in  the  order 
in  which  they  are  registered. 

Fifteenth.  To  permit  children  from  other  dis- 
tricts to  attend  the  schools  of  their  district  only 
upon  the  consent  of  the  trustees  of  the  district 
in  which  such  childre'n  reside:  provided,  that 
should  the  trustees  of  the  district  in  which  chil- 
dren whose  parents  or  guardians  desire  them  to 
attend  in  otlier  districts  reside  refuse  to  grant 
their  consent,  the  parents  or  guardians  of  such 
children  may  appeal  to  the  county  superintendent 
and  his  decision  shall  be  final. 

Sixteenth.  On  or  before  tlie  first  day  of  April 
in  each  year,  to  appoint  a  school  census  marslial, 
and  notify  the  superintendent  of  schools  thei'eof; 
provided,  tliat  in  any  city,  or  city  and  county,  the 
appointment  of  all  school  census  mai'shals  shall  be 
subject  to  the  approval  of  the  city  superintendent 
of  schools. 

Seventeenth.  To  make  an  annual  report,  on  or 
before  tlie  first  day  of  July,  to  the  superintendent 
of  scliools,  in  the  manner  and  form  and  on  the 
blanks  prescribed  by  the  superintendent  of  public 
instruction. 

Kigliteenth.  To  make  a  report,  whenever  re- 
quired, directly  to  the  superintendent  of  public 
instruction,  of  tlie  text-books  used  in  their  schools. 

Nineteenth.  To  visit  every  school  in  their  dis- 
trict at  least  once  in  each  term,  and  examine  care- 
fully into  its  management,  condition,  and  wants. 
This  clause  to  apply  to  each  and  every  member  of 
the  board  of  trustees. 

Twentieth.  Boards  of  trustees  may,  and  upon  a 
petition  signed  by  a  ma.iority  of  the  heads  of  fam- 
ilies resident  in  the  district  as  shown  by  the  last 
preceding  school  census  must,  call  meetings  of  tlie 
qualified  electors  of  the  district  for  determining  or 
changing  tlie  location  of  the  school-house,  or  for 
consultation  in  regard  to  any  litigation  in  which 
the  district  may  be  engaged,  or  be  likely  to  be- 
come engaged,  or  in  regard  to  any  affairs  of  the 
district.  Such  meetings  shall  be  called  by  posting 
Pol.  Code— 28. 


§  1G17  Trustees  and  City  Boards.  326 

three  notices  in  public  places,  one  of  which  shall 
be  in  a  conspicuous  place  on  the  school-house,  for 
not  less  than  ten  days  previous  to  the  time  for 
which  the  meetina;  shall  be  called,  which  notices 
shall  specify  the  purposes  for  which  said  meeting 
shall  be  called;  and  no  other  business  shall  be 
transacted  at  such  meetings.  District  meetings 
shall  be  organized  by  choosing  a  chairman  from 
the  electors  present,  and  the  district  clerk  shall 
be  clerk  of  the  meeting,  and  shall  enter  the  min- 
utes thereof  on  the  records  of  the  district.  A 
meeting  so  called  shall  be  competent  to  instruct 
the  board  of  trustees. 

1.  In  regard  to  the  location  or  change  of  loca- 
tion of  the  school-house,  or  the  use  of  the  same  for 
oilier  than  school  purposes:  provided,  that  in  no 
case  shall  the  school-house  be  used  for  purposes 
Avhicli  necessitate  the  removal  of  any  school  desks 
or  other  school  furniture. 

2.  In  regard  to  the  sale  and  purchase  of  school 
sites. 

.■{.  In  regard  to  prosecuting,  settling,  or  com- 
j)romising  any  litigation  in  which  the  district  may 
he  engaged,  or  be"  lilvcly  to  become  engaged,  and 
may  vote  money,  not  exceeding  one  hundred  dol- 
lars in  any  one  year,  for  any  of  these  purposes, 
in  addition  to  any  amount  which  may  be  raised 
by  the  sale  of  district  school  property,  and  the 
insurance  of  property  destroyed  by  fire;  provided, 
that  the  proceeds  of  the  insurance  of  the  library 
and  apparatus  shall  be  paid  into  the  libraiT  fund. 
All  funds  raised  by  the  sale  of  school  property 
may  be  disposed  of  by  direction  of  a  district  meet- 
ing. District  meetings  may  be  adjourned  from 
time  to  time,  as  found  necessary,  and  all  votes  in- 
structing the  board  of  trustees  shall  be  taken  by 
ballot,  or  by  ayec  and  noeg  vote,  as  the  meeting 
may  determine.  The  board  of  trustees  shall,  in 
all  cases  be  bound  by  the  instructions  of  the  dis- 
trict meeting  in  regard  to  the  sul).iects  mentioned 
in  this  section;  provided,  that  the  vote  in  favor  of 
changing  the  location  of  the  school-house  shall  be 
two-thirds  of  all  the  electors  voting  at  said  meet- 
ing upon  the  proposition  to  change  the  location. 
[Amendment  approved  March  2.3.  1893;  Stats. 
1893,  p.  248;  in  effect  immediately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891.  p.  158. 

Act  prohibiting  soliciting  of  supervisor:  See 
post,  Appendix,  p.  lOol. 


327  Trustees  and  City  Boards.  §§  1618-1621 

Act  to  prevent  discrimination  against  female 
teachers:  See  General  Laws,  title  "Schools." 

§  1618.  Section  sixteen  hundred  and  eighteen 
of  the  Political  Code  is  hereby  repealed.  [March 
15,  1889.] 

§  1619.  First.  The  boards  of  school  trustees 
and  city  boards  of  education  must  maintain-  all 
the  schools  established  by  them  for  an  equal 
length  of  time  during  the  year,  and,  as  far  as  prac- 
ticable, with  equal  rights  and  privileges. 

Second.  When,  in  any  district,  it  is  necessary 
for  the  convenience  of  the  residents  of  said  dis- 
trict that  the  school  therein  should  be  maintained 
a  part  of  the  year  in  one  portion  of  the  district, 
and  a  jiart  of  the  year  in  another  portion  of  the 
district,  the  aggregate  of- the  time  the  school  has 
been  maintained  in  the  different  portions  of  the 
district  shall  be  considered  in  estimating  the  time 
for  which  a  school  has  been  maintained  in  the 
district  during  the  school  year.  [Amendment  ap- 
proved March  23,  1893;  Stats.  1893,  p.  251;  in  effect 
immediately.] 

§  1620.  Writing  and  drawing  paper,  pens,  inks, 
blackboards,  blackboard  rubbers,  crayons,  and 
lead  and  slate  pencils,  and  other  necessary  sup- 
plies for  the  use  of  the  schools,  must  be  furnished 
under  the  direction  of  the  city  boards  of  educa- 
tion and  boards  of  school  trustees,  and  charges 
therefor  must  be  audited  and  paid  as  other  claims 
against  the  county  school  fund  of  their  districts 
are  audited  and  paid.  [Amendment  approved 
March  23,  1893:  Stats.  1893,  p.  251;  in  effect  imme- 
diately.] 

§  1621.  The  boards  of  school  trustees  and  city 
boards  of  education  must  use  the  school  moneys 
received  from  the  state  and  coimty  apportion- 
ments exclusively  for  the  support  of  schools  for 
that  school  year,  until  at  least  an  eight  mxjnths' 
school  has  been  maintained:  if  at  the  end  of  any 
year  during  which  an  eight  months'  school  has 
been  maintained  there  is  an  unexpended  balance. 
It  may  be  Tised  for  the  payment  of  claims  against 
the  district  outstanding,  or  it  may  be  used  for  the 
year  succeeding.    Any  balance  remaining  on  hand 


§§  1622-1(324    Trustees  and  City  Boards.  32S 

at  the  end  of  any  school  year  in  which  school  has 
not  been  maintained  eight  months  shall  be  reap- 
portioned by  the  superintendent  of  schools  as 
other  moneys  are  apportioned;  provided,  that  if  a 
district  has  been  prevented  from  maintaining  a 
school  for  eight  montlis  in  any  year  in  conse- 
quence of  fire^  flood,  prevailing  epidemic,  or  other 
cause,  whicli  may,  upon  investigation  by  the  sup- 
erintendent of  the  county,  be  determined  to  be  a 
good  and  sutticieut  one,  said  balance  shall  not  be 
reapportioned.  [Amendment  approved  March  23, 
1893:  Stats.  1893,  p.  251;  in  effect  immediately.] 

But  see  Stat.  1880,  75  (Ban.  ed.,  201),  as  to  the 
August  apportionment  of  1880,  to  be  used  to  pay 
salaries  of  teachers  for  services  prior  to  June  30, 
1880. 

§  1622.  Boards  of  trustees  may  use  the  county 
school  moneys  for  any  of  the  puiposes  authorized 
by  this  chapter,  but  all  State  school  moneys  mu.st. 
except  the  ten  per  cent  reserved  for  district  school 
library  purposes,  be  applied  exclusively  for  the 
payment  of  teachers  of  primary  and  grammar 
schools.  [Amendment  approved  April  7.  1880; 
Amendments  1880,  p.  38;  in  effect  April  7,  1880.] 

Conforms  to  Const.  Cal.,  art.  9,  sec.  6. 

§  1623.  Boards  of  trustees  are  liable  as  such. 
in  the  name  of  the  district,  for  any  judgment 
against  the  district  for  salary  due  any  teacher  on 
contract,  and  for  all  debts  contracted  under  the 
provisions  of  this  chapter,  and  they  must  pay  such 
.iudgment  or  liabilities  out  of  the  school  moneys 
to  the  credit  of  such  district:  pa-ovided,  that  the 
contracts  mentioned  in  this  section  are  not  in  ex- 
cess of  the  school  moneys  accruing  to  the  district 
for  the  school  year  for  which  the  contracts  are 
made,  otherwise  the  district  shall  not  be  held 
liable.  [Amendment  approved  March  28,  1874: 
Amendments  1873-4,  p.  95;  in  effect  March  28. 
1874.] 

§  1624.  If  any  board  of  trustees,  or  city  board 
of  education,  fail  to  appoint  a  census  marshal  at 
the  proper  time,  and  through  such  failure  the  dis- 
trict is  omitted  in  the  apportionment  of  school 
moneys,  the  trustees  or  members  of  the  city  board 
of  education  are  jointly  and  severally  personally 


329  District  Census  Marshals.   S§   1G34,  !(>.% 

liable  to  the  district  for  the  full  amouut  which  the 
district  would  have  received  but  for  such  failure; 
and  the  amount  may  be  recovered  in  an  action 
brought  by  any  citizen  of  such  district  or  city,  in 
the  name  of  and  for  the  benefit  of  tlie  district  or 
city.  [Amendment  ajjproved  April  7,  1880; 
Amendments  1880,  p.  38;  in  effect  April  7,  1880.] 
(See  sees.  1634-1640.) 

§  1625.    Repealed:  Stats.    1891,   p.    164. 


ARTICLE    VIII. 

DISTRICT    CENSUS    MARSHALS. 

§  1634.  Duty  of  Census  Marshal. 

§  1635.  Where   district   in    two   counties. 

S  1636.  Report   of. 

S  1637.  Children  absent  at  school   to  be  listed. 

§  1638.  Children  of  non-residents,  when  not  to  be  included. 

S  1639.  Compensation   of  Marshal. 

§  1640.  Failure  to  report  a  misdemeanor. 

§   1634.    It  is  the  duty  of  the  census  marshal: 

First.  To  take  annually,  between  the  fifteenth 
and  thirtieth  days  of  April,  inclusive,  a  census  of 
all  children,  including  the  children  of  Indian 
parents  who  pay  taxes,  or  Avho  are  not  living  in 
the  tribal  relation,  under  seventeen  years  of  age, 
who  were  residents  of  his  district  on  said  fifteenth 
day  of  Api'il. 

Second.  To  report  the  results  of  his  labors  to 
the  superintendent  of  schools  (or  to  the  board  of 
education  in  cities),  on  or  before  the  tenth  day  of 
May  in  each  year. 

Third.  He  shall  visit  each  habitation,  home,  res- 
idence, domicile,  or  place  of  abode  in  his  district, 
and  by  actual  observation  and  interrogation  enu- 
merate the  census  children  of  the  same. 

Fourth.  Befoi'e  entering  upon  the  discharge  of 
his  duties  as  such,  the  census  marshal  must  qual- 
ify and  file  his  oath  of  office  in  the  office  of  the 
superintendent  of  schools.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  251;  in  effect  imme- 
diately.] 

§  1635.  Whenever  a  <listrict  is  formed,  lying 
partly  in  two  a<1.1oining  counties,  the  census  mar- 


§§  1636,  1637  District  Census  Marshals.  330 

slial  must  report  to  each  county  superintendent 
the  number  of  children  in  each  county.  [Amend- 
ment approved  March  28,  1874;  Amendments  1873- 
4,  p.  06;  in  effect  March  28,  1874.] 

§  1636.  His  report  must  be  made  under  oath, 
upon  blanks  furnished  by  the  superintendent  of 
public  instruction,  and  must  show: 

First.  The  number,  age,  sex,  color,  and  nation- 
ality of  the  children  listed. 

Second.  The  names  of  the  parents  or  guardians 
of  said  children,  arranged  alphabetically,  except 
in  cities  of  the  first  class.  In  all  cities  the  number 
and  street  of  residence  must  be  given. 

Third.  Such  other  facts  as  the  superintendent 
of  public  instruction  may  designate. 

Fourth.  The  census  marshal  shall  have  power 
to  administer  oaths  to  parents  and  guardians. 

Fifth.  If  at  any  time  the  superintendent  of 
schools  has  reason  "to  believe  that  a  correct  census 
of  the  district  has  not  been  talien,  he  must  have 
it  corrected,  and  if  necessary  for  the  purpose,  he 
may  appoint  a  census  marshal,  and  have  the  cen- 
sus of  the  district  retalien.  Should  the  board  of 
education  or  board  of  school  trustees  of  said  city 
or  district  refuse  to  issue  an  order  for  the  com- 
pensation of  said  marshal  for  his  services,  the 
superintendent  is  hereby  authorized  to  issue  his 
requisition  therefor  against  the  county  fund  of 
such  city  or  district  without  such  order.  [Amend- 
ment approved  March  23,  1893;  Stats.  1893,  p.  252; 
in  effect  immediately.] 

§  1637.  He  must  include  in  his  report  all  chil- 
dren who  are  absent  attending  institutions  of 
learning,  and  whose  parents  or  guardians  are  resi- 
dents of  the  district;  he  must  also  include  as 
census  children  the  children  of  Indian  parents 
who  pay  taxes,  and  of  Indian  parents  who  are 
not  living  in  the  tribal  relation:  he  must  also 
include  all  orphan  children  absent  from  the  dis- 
trict in  orphan  asylums  whose  guardians  reside  in 
the  district,  and  every  half-orphan  absent  in  asy- 
lums whose  surviving  parent  or  guardian  resides 
in  the  district;  he  must  also  include  all  native- 
born  Chinese  children.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  252;  in  effect  imme- 
diately.] 


331  Schools.  §§  1G38-1G49 

§  1638.  He  must  not  inclucle  in  his  report  chil- 
dren who  are  attending  institutions  of  learning-, 
or  such  benevolent  institutions  as  deaf  and  dunib 
blind,  and  orphan  asylums  in  his  district,  whose 
parents  or  guardians  do  not  reside  therein. 
[Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  252;  in  effect  immediately.] 

§  1639.  The  compensation  of  census  marshal 
must  be  audited  and  paid  as  other  claims  upon 
the  school  fund  of  the  district  are  audited 
and  paid;  provided,  such  compensation  shall 
not  exceed  six  dollars-  per  day  for  time 
actually  and  necessarily  employed;  and  pro- 
vided further  that  in  no  case  shall  the  com- 
pensation be  computed  at  a  per  capita  sum; 
nor  shall  any  order  for'  such  compensation  be 
draAVU  by  the  trustees  of  any  district,  or  by  any 
board  of  education,  until  they  shall  have  been 
notified  by  the  superintendent  that  the  repoi't  of 
the  census  marshal  has  been  approved  by  him. 
In  case  the  report  should  not  be  approved  by  the 
superintendent,  the  census  marshal  shall  not  be 
entitled  to  receive  any  compensation.  [Amend- 
ment approved  March  23,  1893;  Stats.  1893,  p.  253; 
in  effect  immediately.] 

§  1640.  If  the  census  marshal  neglect  or  re- 
fuses to  make  his  report  at  the  time  and  in  the 
manner  herein  required,  or  to  perform  any  other 
duty  devolved  upon  him,  he  must  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  be 
punished  by  fine  or  imprisonment.  [New  section 
approved  March  13,  1874;  Amendments  1873-4,  p. 
85;  in  effect  March  13,  1874.] 


ARTICT.E    IX. 

CLERKS    OF   SCHOOL   DISTRICTS. 

§  1349.  When   and  how  elected. 

§  1650.  General   duties  of. 

§  1651.  When    to    provide    supplies,    etc. 

§  1652.  Repealed. 

§  1649.  Boards  of  trustees  must  annually,  on 
the  first  Saturda.v  of  July,  meet  aud  elect  one  of 
their  number  clerk  of  the  district;  and  if  a  clerk 
is    not   elected    at    this    date,    the    superintendent 


§§  1050,  1051  Schools.  P,P,2 

shall  appoint.     [Amendment  approved  March  20, 
1891;  Stats.  1891,  p.  100.] 

§  1650.    It  is  the  duty  of  the  clerk: 

First.  To  call  meetings  of  the  board  at  the  re- 
quest of  two  members,  and  to  act  as  clerk  of  the 
board,  and  keep  a  record  of  its  proceedings,  and 
an  accurate  account  of  the  receipts  and  expendi- 
tures of  school  moneys. 

Second.  To  keep  liis  records  and  accounts  open 
to  the  inspection  of  tlie  electors  of  the  district,  in 
suitable  books  provided  by  the  board  of  school 
trustees  for  that  purposje. 

Third.  To  place  the  monthly  .iournal  designated 
as  the  official  organ  of  the  department  of  public 
instruction  in  the  school  district  library  each 
month:  and  if  he  fails  to  receive  it  regularly,  to 
immediately  notify  the  publishers  of  such  fact. 

Fourth.  To  perform  such  other  duties  as  may 
be  prescribed  bv  the  board.  [Amendment  ap- 
proved March  23,  1893;  Stats.  1893,  p.  253;  in 
effect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891;  Stats.  1891,  p.  100. 

§  1651.  The  clerk  of  each  district  must,  under 
the  direction  of  the  board  of  trustees,  provide  all 
school  supplies  authorized  by  this  chapter,  keep  the 
scliool-house  in  repair  during  the  time  school  is 
taught  therein,  and  exercise  a  general  care  and 
supervision  over  the  school  premises  and  school 
propert.v  during  the  vacations  of  the  school. 
[Amendment  approved  March  23.  1893;  Stats. 
1893,  p.  253;  in  effect  immediately.] 

§   1652.    Repealed.     [In  effect  April  7,  1880.] 


333  Schools.        §§  1662,  1663 

ARTICLE    X. 

SCHOOLS. 

§  1662.  Who    may    be    admitted    to. 

§  1663.  Schools    to   be   graded. 

§  1664.  To  be  taught  in  the  English  language. 

§  163,5.  Course   of  instruction. 

§  1666.  Other   studies. 

§  1667..  Instruction   in   manners,   etc. 

§  1668.  Physical   exercise,  etc. 

§  1639.  Establishment  of  high   schools. 

§  1670.  Same. 

§  1671.  Same. 

§  1672.  Sectarian  books  and  teachings  prohibited. 

§  167.^?.  Duration  of  daily  sessions. 

§  1662.  Every  .soliool,  "unless  otherwise  pro- 
vided by  law,  niust  be  open  for  the  admission  of 
all  children  between  six  and  twenty-one  years  of 
ape  residing  in  the  district,  and  the  board  of  school 
trustees,  or  city  board  of  education,  have  power 
to  admit  adults  and  children  not  residing-  in  the 
district,  whenever  good  reasons  exist  therefor. 
Trustees  shall  have  the  power  to  exclude  children 
of  filthy  or  vicious  habits,  or  children  suffering 
from  contagious  or  infectious  diseases,  and  also  to 
establish  separate  sdiodls  for  Indian  children  and 
for  children  of  Mongolian  or  Chinese  descent. 
When  such  separate  schools  are  established,  In- 
dian, Chinese,  or  Mongolian  children  must  not  be 
admitted  into  any  other  school;  provided,  that  in 
cities  and  towns  in  which  the  kindergarten  has 
been  adopted,  or  may  hereafter  be  adopted,  as 
part  of  the  public  primary  schools,  children  may 
be  admitted  to  such  kindergarten  classes  at  the 
age  of  four  years.  [Amendment  approved  Marcli 
23,  1893;  Stats.  1893,  p.  2.")3;  in  effect  immedi- 
ately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  161. 

§  1663.  1.  All  scliools,  unless  otherwise  pro- 
vided l)y  law,  must  be  divided  into  primary  and 
gi'ammar  grades.  Tlie  county  l)oard  of  education 
must,  except  in  incorporated  cities  having  boards 
of  education,  on  or  before  the  flrst  day  of  July, 
))rescril)e  the  course  of  study  in  each  grade  for 
tlie  ensuing  year. 


§§  1664-1666  Schools.  334 

2.  Except  in  incorporated  cities  liaving  boards 
of  education,  tlie  county  board  of  education  shall 
require  that  promotions,  upon  written  examina- 
tions or  otherwise,  in  each  of  said  courses,  shall 
talie  place  at  stated  periods,  at  least  once  in  each 
school  year.  It  shall  also  provide  for  conferring 
diplomas  at  the  end  of  the  course  of  study  in  the 
grammar  grade  for  those  who  satisfactorily  pass 
the  required  examination. 

3.  The  county  l)oard  of  education  may  amend 
and  change,  subject  to  section  sixteen  hundred 
and  sixty-five,  either  of  the  above  courses  of  study, 
whenever  necessarv.  [Amendment  approved 
March  23,  1893;  Stafs.  1893,  p.  2.54;  in  effect  im- 
mediately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.   161. 

§  1664.  All  schools  must  be  taught  in  the 
English  language. 

§  1665.  Instruction  must  be  given  in  the  fol- 
lowing branches,  in  the  several  grades  of  whicli 
each  may  be  required,  viz.,  reading,  writing,  or- 
thography, aritlimetic,  geography,  grammar,  his- 
tory of  the  United  States,  elements  of  physiology, 
and  hygiene,  witli  special  instruction  as  to  the 
nature  of  alcoliolic  drinks  and  narcotics,  and  their 
effects  upon  the  liuman  system,  vocal  music,  ele- 
mentary bookkeeping,  industrial  drawing,  and 
civil  government:  provided,  that  instruction  In 
physiology  and  hyciene,  elementary  bookkeeping, 
anil  civil  government  may  be  oral,  no  text-books 
in  these  su]).iects  being  reqiiired  to  be  purciiased 
by  the  pupils;  provided  further,  that  the  board  of 
education  of  any  county  may,  in  districts  liaving 
less  than  one  hundred  census  children,  confine  the 
pupils  to  the  studies  of  reading,  orthography, 
aritlimetic.  grammar,  geography,  history,  penman- 
ship, and  elementary  bookkeeping,  until  they  have 
a  practical  knowledge  of  these  subjects,  [Amend- 
ment approved  March  23,  1893;  Stats.  1893,  p.  2.54; 
in  effect  immediately.] 

This  section  was  also  amended  in  1S91:  Stats. 
1891,  p.  161. 

§  1666.  Other  studies  may  be  authorized  by  the 
board  of  education  of  any  county,  city,  or  city  and 
county;  but  no  such  studies  shall  be  pursued  to 


335  Schools.  §§  1667-1670 

the  neglect  or  exclusion  of  the  studies  in  the  pre- 
ceding section  specified,  [.imendmeut  approved 
March  23,  1893;  Stats.  18;)3,  p.  254;  in  effect  im- 
naediately.] 

§  1667.  Instruction  must  be  given  in  all  grades 
of  schools  and  in  all  classes  during  the  entire 
school  course,  in  manners  and  morals,  and  upon 
the  nature  of  alcoholic  drinlvs  and  narcotics  and 
their  effects  upon  the  human  system.  [In  eft'ect 
March  15,  1887.] 

§  1668.  Attention  must  be  given  to  such  phys- 
ical exercises  for  the  pupils  as  may  be  conducive 
to  health  and  vigor  of  body  as  well  as  mind,  and 
to  the  ventilation  and  temperature  of  school- 
rooms. 

§  1669.  High  schools  may  be  established  and 
maintained  in  the  manner  provided  in  sections  one 
Thousand  six  hundred  and  seventy  and  one 
thousand  six  hundred  and  seventy-one  of  the  Polit- 
ical Code.  [New  section  added  March  23,  1893; 
Stats.  1893,  p.  268;  in  effect  immediately.] 

Section  1669  as  amended  in  1887  was  repealed 
by  the  statute  of  March  20,  1891:  Stats.  1891,  p. 
164. 

§  1670.  First.  Any  city,  incorporated  town,  or 
school  district  accredited  by  the  last  preceding 
school  census  with  a  scliool  population  of  three 
•lundred  or  more,  may,  by  a  majority  vote  of  the 
(lualitied  electors  voting  at  the  election  held  for 
the  purpose  of  determining  the  establishment  and 
maintenance  of  such  high  school,  establish  and 
maintain  a  high  school  at  the  expense  of  such  city, 
incorporated  town,  or  scliool  district. 

Second.  AVhenever  a  majority  of  the  heads  of 
families,  as  shown  by  tlie  last  pi'oceding  school 
census,  in  any  city,  incorporated  town,  or  school 
district  accredited  by  the  last  preceding  school 
census  with  a  school  population  of  tliree  hundred 
or  more,  sliall  unite  in  a  petition  to  the  board  of 
educntion  or  board  of  school  trustees  of  said  city, 
incorj  torn  ted  town,  or  school  district,  for  tlie  es- 
tablishing and  maintaining  of  a  higli  school  thei'e- 
in,  said  l)oard  of  education  or  board  of  scliool 
trustees  shall  petition  the  county  superintendent 
of  schools  to  call  an  election  in  said  city,  incorpo- 


§  1G70  Schools.  33f. 

ratetl  town,  or  school  district,  for  the  determina- 
tion of  the  question. 

Third.  Within  twenty  days  after  receiving  said 
petition  from  said  board  of  education  or  board  of 
school  trustees,  the  county  superintendent  of 
schools  shall  call  an  election  therein  for  the  deter- 
mination of  the  question,  and  shall  appoint  three 
qualified  electors  thereof  to  conduct  said  election. 
Said  election  shall  be  called  by  posting  notice 
thereof  in  five  of  the  most  public  places  in  said 
city,  incorporated  town,  or  school  district,  and  by 
publication  in  a  daily  or  weekly  paper  therein,  if 
there  be  one.  for  not  less  than  fifteen  days.  Said 
election  shall  be  conducted  in  the  manner  pre- 
scril)ed  for  conducting  school  elections.  The  bal- 
lots at  such  elections  shall  contain  the  words  "for 
high  school,"  and  the  voter  shall  write  or  print 
after  said  words  on  Ins  ballot  the  word  "yes,"  or 
the  word  "no."  It  shall  be  the  duty  of  said  elec- 
tion officers  to  report  the  result  of  said  election 
to  the  county  superintendent  of  schools  within  ten 
days  subsequent  to  the  holding  thereof. 

Fourth.  When  a  majority  in  each  district,  as 
shown  by  the  last  preceding  school  census,  of  the 
heads  of  families  residing  in  two  or  more  con- 
tiguous school  districts  in  the  same  county  (pro- 
vided, that  said  districts  are  accredited  by  said 
school  census  with  a  school  population  of  three 
hundred  or  more)  shall  unite  in  a  petition  to  the 
county  superintendent  of  schools  for  the  establish- 
ing and  maintaining  of  a  union  high  school  dis- 
trict, he  shall,  within  twenty  days  after  receiving 
.said  petition,  call  an  election  for  the  determina- 
tion of  the  question,  and  shall  appoint  three  qual- 
ified electors  in  each  of  the  districts  petitioning  to 
conduct  the  election  therein.  Said  election  shall 
be  held  separately  and  simultaneously  at  the  pub- 
lic school-house  in  each  of  the  districts  petitioning, 
and  shall  be  called  by  posting  notices  thereof  in 
three  of  the  most  public  places  in  each  district, 
one  of  which  places  shall  be  the  public  school- 
house  in  each  district,  at  least  ten  days  before 
said  election.  Said  election  shall  be  conducted  by 
the  officers  appointed  for  that  purpose,  in  the  man- 
ner provided  by  law  for  conducting  school  elec- 
tions. The  ballots  at  such  electiorT  in  each  dis- 
trict shall  contain  the  words  "for  the  union  high 
school,"  and  the  voter  shall  write  or  print  after 
said  words  on  his  ballot  the  word  "yes"  or  the 


337  Schools.  §  1670 

word  "no.""  It  shall  be  the  duty  of  the  said  elec- 
tion otiicers  in  each  distinct  to  canvass  the  vote 
at  said  election  and  report  the  result  to  the  county 
superintendent  of  schools  within  live  days  subse- 
quent to  tiie  holding  of  said  election. 

Fifth.  If  a  majority  of  the  votes  cast  in  the 
election  provided  for  in  subdivision  three  of  this 
section  in  said  city,  incorporated  town,  or  school 
district  shall  be  in  favor  of  establishing  and  main- 
taining a  high  school  therein,  it  shall  be  the  duty 
of  tiie  county  superintendent  to  call  a  meeting  of 
the  board  of  education  or  board  of  school  trustees 
of  said  citj',  incorporated  town,  or  school  district, 
within  fifteen  days  after  receiving  the  returns  of 
the  election  held  therein,  by  giving  at  least  ten 
days'  notice,  in  writing,  to  every  member  of  said 
board  of  education  or  board  of  school  trustees. 
The  board  of  education  or  board  of  school  trus- 
tees shall,  at  said  meeting,  determine  the  location 
and  the  name  of  the  high  school. 

Sixth.  If  a  majority  of  the  votes  cast  in  the 
districts  petitioning  for  a  union  high  school  shall 
in  the  aggregate  be  in  favor  of  establishing  and 
maintaining  a  union  high  school  therein,  tlie 
county  superintendent  shall,  within  fifteen  days 
after  receiving  the  returns  of  the  election  held 
therein,  direct  the  board  of  school  trustees  in  each 
of  said  districts  to  call  a  meeting  of  the  qualified 
electors  of  their  respective  districts,  in  the  manner 
provided  in  subdivision  twenty  of  section  sixteen 
hundred  and  seventeen  of  the  Political  Code.  At 
said  meeting  tlie  qualified  electors  shall  in  eacli 
district  select  one  representative,  whose  powers 
and  duties  shall  be  as  hereinafter  specified.  The 
representatives  so  chosen  shall  name  the  school 
and  have  power  to  make  arrangements  for  the 
temporary  location  of  the  high  school,  and  if  sat- 
isfactory apartments  or  buildings  in  a  suital>le  lo- 
cation are  offered  or  can  be  procured  for  a  con- 
sideration or  at  a  rental  which  would  make  it 
adAnsable  to  accept  the  same,  tliey  shall  liave  the 
power  to  secure  or  lease  such  apartments  or  build- 
ing for  a  period  not  to  exceed  three  years  from  the 
date  of  its  acceptance.  Should  it  be  impossible  to 
secure  siich  apartments  or  buildings,  or  should 
such  representatives  deem  it  not  advisable  to  se- 
lect the  same,  or  should  they  secure  or  lease  the 
same,  then  at  such  time  before  their  contract  ex- 
pires as  they  may  deem  necessary,  they  shall 
Pol.  Code-29. 


§  1670  Schools.  338 

notify  the  county  superintendent  of  schools  that 
they  desire  to  meet  to  locate  tlie  school.  There- 
after the  representatives  so  chosen  shall  meet  iu 
conjunction  with  the  county  superintendent  of 
schools,  at  a  time  and  place  to  be  named  by  the 
superintendent,  for  tlie  purpose  of  determining  the 
location  of  the  union  high  school.  At  such  meet- 
ing tlie  superintendent  shall  be  the  chairman,  and 
shall  be  entitled  to  vote  and  participate  in  all  its 
proceedings.-  Should  the  above  representatives 
fail  to  unanimously  agree  upon  a  location  for  the 
high  school,  tliey  shall  propose,  in  writing,  to  the 
county  superintendent  then  present,  or  if  he  is 
not  present,  they  shall  transmit  to  his  office  within 
ten  days  the  names  of  the  locations  which  they 
favor.  Within  twenty  days  after  receiving  such 
notice  the  superintendent  shall  call  an  election  as 
lirovided  in  subdivision  fourth  hereof,  to  deter- 
mine the  location  of  the  higli  school.  At  such  elec- 
tion only  such  sites  as  have  been  named  by  the 
representatives  and  certified  to  the  county  super- 
intendent shall  be  voted  upon.  Any  form  of  ballot 
by  which  the  voter  signifies  his  choice  of  location 
shall  be  allowed.  The  result  of  said  election  sliall 
be  determined  and  certified  to  the  county  superin- 
tendent, as  provided  in  said  subdivision  fourth. 
The  location  which  receives  the  largest  number  of 
votes  shall  be  chosen  as  tlie  location  of  the  high 
school. ''  No  change  of  location  of  any  high  school, 
when  once  estabiislied,  shall  lie  made  except  upon 
a  petition  to  the  county  superintendent  of  schools, 
signed  by  two-thirds  of  the  lieads  of  families  of 
tlie  liigh'scliool  district,  and  then  only  in  accord- 
ance with  all  of  the  provisions  for  the  original 
location  of  the  school,  as  contained  in  subdivis- 
ions four  and  five  of  this  section. 

Seventh.  In  any  city,  incorporated  town,  or 
school  disti'ict  which  shall  have  established  a  high 
school,  tlie  board  of  education,  or  board  of  school 
trustees,  shall  constitute  the  high  school  board, 
■  and  shall  liave  the  management  and  control  of 
said  high  school. 

Eighth.  In  union  high  school  districts  composed 
of  more  than  two  school  districts,  the  high  school 
board  shall  be  composed  of  one  member  elected 
from  each  district  composing  the  high  school  dis- 
trict at  the  time,  and  in  the  manner  prescribed 
for  the  election  of  school  trustees,  except  as  other- 
wise provided  in  this  act.    The  superintendent  (or 


339  Schools.  §  1670 

superiutendeuts  by  concurrent  action  in  joint  liigh 
school  districts)  shall,  in  union  high  school  dis- 
tricts composed  of  three  or  more  school  districts, 
divide  the  districts  composing"  the  union  high 
school  district  into  three  classes,  as  neai'ly  equal 
in  number  of  school  districts  as  possible,  to  be 
designated  by  him  as  Class  A,  B,  and  C,  respect- 
ively. At  the  first  annual  school  election  follow- 
ing the  passage  of  this  act.  the  districts  in  Class 
A,  as  above  divided  and  designated,  shall  each 
elect  a  high  school  trustee  for  one  year;  the  dis- 
tricts in  Class  B  shall  each  elect  a  high  school 
trustee  for  two  years;  the  districts  in  Class  C 
shall  each  elect  a  high  scliool  trustee  for  three 
years.  At  each  annvial  election  thereafter,  as 
terms  of  office  expire,  the  high  school  trustees 
shall  be  elected  for  three  years,  and  in  case  of  ex- 
piration of  term  of  appointment,  for  the  unexpired 
term.  Vacancies  in  the  hig^i  school  board  shall  be 
filled  by  appointment  by  the  county  superintend- 
ent of  schools  (and  in  case  of  joint  union  high 
school  districts,  by  appointment  of  the  county 
superintendent  of  the  county  in  whicli  the  vacancy 
occurred),  the  appointee  or  appointees  to  hold 
until  the  first  day  of  July  succeeding  the  ap- 
pointment. The  trustees  sei'ving  on  union  high 
school  boards,  composed  of  more  than  two  school 
districts  at  tlie  time  of  tlie  approval  of  tliis  sec- 
tion as  hereby  amended,  shall  liold  imtil  their 
successors  are  elected,  and  shall  qualify  under  the 
provisions  hereof;  in  the  formation  of  new  iinion 
or  joint  union  high  school  districts,  tlie  represent- 
atives selected  according  to  the  provisions  of  sub- 
division sixth  of  this  section  shall  constitute  the 
union  or  joint  union  high  school  board  until  the 
election  or  appointment  and  qualification  of  the 
regular  board  as  herein  provided.  In  union  high 
school  districts  consisting  of  but  two  school  dis- 
tricts, the  union  high  school  board  shall  be  com- 
posed of  the  boards  of  school  trustees  of  both  said 
districts. 

Ninth.  The  union  high  school  board  shall  meet 
within  ten  days  subsequent  to  the  locating  and 
naming  of  the  union  higli  school  by  the  parties 
selected  for  that  puiiioso,  and  shall  organize  l>y 
electing  a  president  and  a.  clerk  from  their  own 
number,  to  serve  until  the  second  Saturday  of 
July  next  succeeding  their  election:  and  thereafter 
tlie  board  shall  meet  and  organize  in  the  same 


§  1670  Schools.  340 

manner  on  the  second  Saturday  of  July  of  each 
and  every  year. 

Tenth.  The  hisrh  school  boards  shall  hold  regu- 
lar monthly  meetings  at  the  high  school  building, 
at  such  time  as  may  be  provided  in  the  rules  and 
regulations  adopted  by  them  for  their  own  govern- 
ment. Special  meetings  may  be  held  at  the  call 
of  the  president  of  the  respective  boards.  Upon 
the  request,  in  writing,  signed  by  a  majority  of 
any  board,  the  president  of  said  board  shall  call 
a  meeting  thereof.  Of  all  special  meetings  of  any 
board  the  members  thereof  shall  have  at  least 
two  days'  notice,  issued  and  served  by  the  clerli 
thereof.  At  special  meetings  no  business  shall  be 
transacted  other  than  as  specified  in  the  call 
therefor;  provided,  that  in  union  high  school  dis- 
tricts composed  of  more  than  two  districts  the  reg- 
ular meetings  as  above  provided  shall  be  quar- 
terly; and  provided  fifrtlier,  that  the  union  high 
school  board  in  said  union  high  school  districts 
may  appoint  an  executive  cornmittee,  consisting 
of  the  president  and  secretary  and  one  other  mem- 
ber of  the  board,  no  two  of  whom  shall  be  from 
the  same  school  district,  to  attend  to  the  routine 
business  of  the  board,  their  action  to  be  reported 
to  the  board  for  ratification  at  its  first  regular 
meeting  ensuing. 

Eleventh.  The  powers  and  duties  of  the  high 
school  boards  shall  be  such  as  are  now  or  as  may 
hereafter  be  assigned  by  law  to  boards  of  educa- 
tion, or  boards  of  school  trustees,  including  the 
provisions  of  sections  one  thousand  eight  hundred 
and  eighty  to  one  thousand  eight  hundred 
and  eighty- eight,  inclusive,  of  the  Political  Code, 
relating  to  the  voting  and  issuance  of  bonds,  ex- 
cept as  otherwise  provided  in  this  section. 

Twelfth.  The  course  of  study  for  the  respective 
high  schools  shall  be  prepared  by  the  high  school 
board,  and,  except  in  cities  and  incorporated 
towns,  shall  be  subject  to  the  approval  of  the 
county  board  of  education.  Said  course  of  study 
shall  embrace  a  period  of  not  less  than  three 
years:  and  it  shall  be  sucli  as  will  prepare  gradu- 
ates therein  for  admission  into  the  State  Univer- 
sity. The  high  school  board  may  prescribe  an 
additional  coiirse  or  additional  courses  of  stiidy, 
subject  to  the  approval,  as  hereinbefore  provided. 
The  text-boolvs  to  be  used  in  all  high  schools  shall 
be   uniform   throughout   the   state,   and    shall   be 


.'',41  Schools.  §  1G70 

adopted  by  the  high  school  board,  subject  to  the 
same  restrictions  provided  for  the  adoption  of  the 
course  of  study,  from  a  list  of  books  prepared 
and  submitted  by  the  accrediting-  board  of  the 
State  University.  The  state  series  shall  be  used  in 
grades  and  classes  for  which  they  may  be  adapted. 

Thirteenth.  Graduates  of  tlie  grammar  schools 
shall  be  admitted  to  the  high  schools  without  ex- 
amination. Other  applicants  of  the  high  school 
district  may  be  admitted  in  accordance  with  such 
rules  as  may  be  prescribed  by  the  high  school 
board;  provided,  that  no  applicant  shall  be  admit- 
ted to  the  high  school  who  has  not  practically 
completed  the  work  of  the  grammar  grades  of  the 
county  in  which  the  high  school  is  located;  pro- 
vided, that  in  high  schools  where  the  course  of 
study  embraces  aperiod  of  four  years,  pupils  who 
have  completed  the  coiirse-of  study  prescribed  for 
the  seventh  grade,  may,  upon  passing  a  satisfac- 
tory examination,  be  admitted.  Proficiency  is  to 
be  determined  by  the  principal,  subject  to  ap- 
proval by  the  county  board  of  education.  The 
high  school  board  may  admit  pupils  not  residing 
in  any  high  school  district,  upon  the  payment  of 
such  tuition  fees  as  they  may  deem  proper,  and 
all  moneys  collected  from  this  soui'ce  shall  be 
paid  into  the  fund  provided  for  the  support  of 
the  high  school. 

Fourteenth.  In  any  city,  incorporated  town, 
school  district,  or  union  high  school  district  which 
sliall  have  voted  to  establish  and  maintain  a  high 
school,  it  shall  be  the  duty  of  the  high  school 
board  therein,  to  furnish  to  the  authorities  whose 
duty  it  is  to  levy  taxes,  on  or  before  the  first  day 
of  September,  an  estimate  of  the  cost  of  purchas- 
ing a  suitable  lot,  of  procuring  plans  and  specifi- 
cations, and  erecting  a  suitable  building,  of  fur- 
nishing the  same,  and  of  fencing  and  ornamenting 
the  grounds  for  the  accommodation  of  the  school, 
and  of  conducting  the  school  for  the  school  year, 
unless  such  high  school  board  have  secured  or 
leased  temporary  accommodations  or  apartments 
for  the  use  of  such  high  school,  as  provided  in  sub- 
division sixth  hereof.  If  such  high  school  board 
have  secured  or  leased  such  temporary  quarters, 
accommodations,  or  buildings,  they  shall  furnish 
to  sur-h  authorities  an  estimate  of  the  amount  of 
money  required  to  establish,  operate,  and  main- 
lain   such   school   in   such   temporary   quarters   or 


§  1070  Schools.  342 

location  for  the  ensuing  school  year.  On  the  first 
day  of  September  before  the  time  when  it  will 
become  necessary  by  reason  of  the  termination  of 
their  lease  or  agreement,  or  from  any  other  rea- 
son, they  shall  make  arrangements  for  another 
lease  for  a  further  period  of  three  years,  or  they 
shall  furnisli  to  the  authorities  whose  duty  it  is 
to  levy  taxes,  an  estimate  of  the  cost  of  purchas- 
ing a  suitable  lot,  of  procuring  plans  and  specifi- 
cations, and  erecting  a  suitable  building,  of  fur- 
nishing the  same,  and  of  fencing  aud  ornamenting 
the  grounds,  for  the  accommodation  of  the  school, 
and  of  conducting  the  school  for  the  school  year. 
It  shall  be  the  duty  of  said  board,  each  and  every 
year  Tliereafter,  to  present  to  said  authorities,  on  or 
before  the  first  day  of  September,  an  estimate  of 
the  amount  of  money  required  for  conducting  the 
school  for  the  school  year. 

Fifteenth.  When  such  estimates  shall  have 
been  made  aud  submitted  it  shall  be  the  duty  of 
the  authorities  whose  duty  it  is  to  levy  taxes  in 
said  city,  incorporated  town,  school  district,  or 
union  liigh  school  district,  to  levy  a  special  tax 
upon  all  of  the  taxable  property  of  said  city,  in- 
corporated town,  school  district,  or  union  high 
school  district,  suflicieut  in  amount  to  maintain 
the  high  school,  or  to  purchase  the  site,  erect  the 
l)uilding,  or  improve  the  building,  or  grounds. 
Said  tax  shall  be  computed,  entered  upon  the  tax 
roll,  and  collected,  in  the  same  manner  as  other 
taxes  are  computed,  entered,  and  collected. 

Sixteenth.  Should  the  iiigh  school  board  of  any 
city,  incorporated  town,  school  district,  or  union 
high  school  district,  fail  to  make  the  estimate  pro- 
vided for  in  subdivision  fourteen  of  this  sec- 
tion, it  shall  be  the  duty  of  the  superintendent  of 
Schools,  upon  the  petition  of  five  qualified  electors 
thereof,  to  make  sucli  estimate. 

Seventeenth.  Should  the  authorities  whose  duty 
it  is  to  levy  the  tax.  as  provided  in  subdivision 
fifteen  of  this  section,  fail  to  make  the  levy  pro- 
vided for,  it  sliall  be  the  duty  of  tlie  County'  Aud- 
itor to  make  such  levy,  and  add  it  to  the  tax  roll 
of  said  city,  Incorporated  town,  school  disti'ict,  or 
union  high  scliool  district. 

P^ighteenth.  All  moneys  collected  from  the  levy 
of  tlie  tax  provided  for  by  this  section  shall  be 
paid,  in  cities  and  incorporated  towns,  into  the 
treasury  thereof,  to  the  credit  of  the  high  school 


343  Schools.  §  If.TO 

fund;  and  said  moneys  shall  be  paid  out  by  the 
treasurers  of  said  cities  or  towns  upon  the  war- 
rants of  the  high  school  board,  signed  by  the  pres- 
ident and  clerk  thereof. 

Nineteenth.  All  moneys  collected  from  said  levy 
in  scliool  districts,  or  union  high  school  districts, 
shall  be  paid  into  the  county  treasury  to  tlie  credit 
of  tlie  district  higli  scliool  fund,  or  the  union  high 
school  fund,  respectively,  and  shall  be  paid  out 
on  tlie  order  of  the  high  school  board,  signed  by 
the  president  and  clerlv  thereof,  as  other  school 
moneys  are  paid  out. 

Twentieth.  Nothing  in  this  section  shall  be  con- 
strued as  preventing  all  of  the  school  districts  in 
any  co-uuty  from  uniting  to  form  one  or  nnn-e 
county  high  schools;  provided,  that  when  any  city, 
incorporated  town,  schooL  district,  or  union  high 
school  district  shall  vote  to  maintain  a  high 
school,  such  territory  sliall  be  exempt  from  taxa- 
tion to  support  a  county  liigli  school;  and  provided 
further,  that  when  any  city,  incorporated  town, 
school  district,  or  union  high  school  district  shall 
establish  a  high  scliool  prior  to  the  submission  of 
the  proposition  to  establish  a  county  high  school, 
the  electors  of  such  city,  incorporated  town,  school 
district,  or  union  liigh  scliool  district  shall  be  ex- 
cluded from  voting  upon  said  proposition;  pro- 
vided further,  that  in  counties  where  one  or  more 
city  high  schools,  district  high  schools,  or  union 
district  high  schools  are  maintained,  the  lioard  of 
supervisors  shall.  u))on  the  petition  of  two-thirds 
of  the  heads  of  families  in  tlie  city  higli  scliool  dis- 
trict, district  high  school  district,  and  in  each 
school  district  composing  the  union  high  school 
district  or  districts,  if  there  be  more  than  one  in 
the  count.v.  submit  to  all  the  qualified  electors  of 
the  county  the  question  of  establishing  and  main- 
taining a  county  high  school,  and  shall  take  such 
further  steps  as  provided  in  section  sixteen  hun- 
dred and  seventy-one  of  this  Act,  relating  to  higli 
schools.  If  the  majority  of  all  the  votes  cast  on 
the  jiroposition  to  establish  a  county  high  school 
are  in  the  affirmative,  the  l)oard  of  supervisors 
shall,  upon  the  establishment  of  tlie  same,  declare 
the  high  school  or  high  schools  existing  in  the 
county  at  the  time  of  the  election  for  a  county 
high  school,  to  be  lapsed,  and  the  property  of  such 
lapsed   high    school    or   schools   shall   be   held    or 


§  1070  Schools.  344 

sold  by  the  board  of  supervisors  for  the  benefit  of 
the  county  high  school. 

Twenty-first— A  school  district  cannot  lie  partly 
within  a  high  school  district,  or  a  union  or  a  joint 
union  high  school  district,  and  partly  without;  and 
in  all  cases  where  the  boundaries  of  a  school  dis- 
trict compi-ised  within  any  such  high  school  dis- 
trict shall  for  any  cause  be  changed  to  include 
territory  not  previously  in  such  district,  the  terri- 
tory acquired  or  added  to  such  Included  district, 
shall  become  and  constitute  a  part  of  the  high 
scliool  or  union  or  joint  union  high  school  district. 
T\'here  the  boundaries  of  the  districts  constitut- 
ing the  union  or  joint  union  district  are  so  chang- 
ed as  to  increase  the  number  of  districts  within 
its  territory,  the  new  school  district  or  districts  so 
created  shall  continue  to  be  part  of  the  high  school 
district,  and  after  the  first  day  of  July  next  suc- 
ceeding its  creation,  it  shall  be  entitled  to  repre- 
sentation upon  the  high  school  board. 

Twenty-second — Any  school  district  adjacent  to 
a  high  school,  union,  or  joint  union  high  school 
district,  may  be  admitted  to  said  high  school  dis- 
trict by  action  of  the  board  of  supervisors  of  the 
county  in  which  the  school  district  is  located,  upon 
such  terms  as  may  be  agreed  upon  between  the 
trustees  of  the  school  district  seeliing  admission, 
and  the  high  school  board,  whenever  a  majority 
of  the  heads  of  families,  as  shown  by  the  last 
preceding  school  census,  shall  present  to  said 
board  of  supervisors  a  petition  for  such  annex- 
ation, accompanied  by  a  petition  signed  by  a  ma- 
jority of  the  members  composing  the  high  school 
board  of  the  district  to  whicli  admission  is  de- 
sired. Any  district  contained  in  a  union  or  joint 
union  high  school  district  may,  in  lilie  manner, 
withdraw  from  such  union  or  joint  union  district 
by  action  of  the  board  of  supervisors  of  the  coun- 
ty .in  which  the  district  is  located,  upon  such 
terms  as  may  be  agreed  upon  between  the  trus- 
tees of  the  school  district  seeking  to  withdraw, 
and  the  high  school  board,  Tvhenever  a  majority 
of  the  heads  of  families  constituting  the  union 
or  joint  union  high  school  district,  and  two  thirds 
of  the  heads  of  families  residing  in  the  district 
seeking  to  withdraw,  as  shown  by  the  last  pre- 
ceding school  census,  shall  present  to  such  board 
of  supervisors  a  petition  consenting  to  such  with- 
draA\'al.  accompanied  by  a  like  petition  signed  bj- 


345  Schools.  §  1670 

a  majority  of  the  members  composing  the  high 
school  board. 

Twenty-third — When  the  average  daily  attend- 
ance of  pujiils  in  any  Iiigh  scliool  during  the  whole 
of  any  school  year,  after  the  first  school  year, 
shall  be  ten,  or  less  than  ten,  the  superintendent 
of  schools  shall  suspend  the  school  in  said  district, 
and  shall  report  the  fact  to  the  board  of  supervis- 
ors. Upon  I'eceiving  such  report  from  the  super- 
intendent, the  board  of  supervisors  shall  declare 
the  high  school  lapsed,  and  shall  cause  the  proper- 
ty thereof  to  be  sold.  All  moneys  receiverl  fron» 
the  sale  of  the  property  of  the  high  school  district, 
and  all  moneys  in  tlie  treasury  to  the  credit  of 
said  high  school,  shall  be  distributed  by  the  coun- 
ty superintendent  to  the  districts  composing  the 
high  school  district,  in  proportion  to  the  assessed 
valuation  of  property  in  said  districts. 

Twenty-fourth— Any  high  school  district  that 
has  existed  three  years  or  more,  whether  embrac- 
ing one  or  more  school  districts,  union  or  joint 
union,  now  organized  and  existing,  or  which  may 
hereafter  be  establlslaed,  may  disincorporate  and 
be  dissolved  and  disestablished  in  the  following 
manner: 

A  petition  signed  by  two  thirds  of  the  heads 
of  families,  as  shown  by  the  last  preceding  school 
census  of  the  hij^h  sfhool  distrii-r  so  petitioninii. 
shall  be  presented  to  the  county  superintendent  of 
public  schools,  which  petition  shall  set  forth  brief- 
ly the  reason  for  disincorporation,  and  shall  pray 
that  the  quesiion  may  be  submitted  to  the  voters 
ui  said  district.  Upon  receiving  sucli  petition  the 
superintendent  shall  call  an  election  in  the  city  or 
district,  and  in  each  school  district  of  any  union 
high  school  district  so  petitioning,  and  shall  sub- 
mit to  the  voters  therein  the  question  of  disincor- 
poration of  such  high  school  district.  In  joint 
union  high  scliool  districts  the  petition  shall  be 
presented  to  the  superintendent  of  each  county 
liaving  territory  within  the  petitioning  district. 
and  each  superintendent  so  petitioned  shall,  with- 
in fifteen  days  after  receiving  such  petition,  or- 
der an  election  in  the  district  or  districts  situate 
within  his  own  county  and  forming  a  part  of  the 
joint  union  liigh  s<^'ho<i]  district  petitldiiing.  At  the 
time  of  calling  such  eloftion.  wliich  in  union  and 
joint  union  districts  must  be  held  in  all  the  school 
districts  composing  them  upon  the  same  day,  the 


§  ICTO  Schools.  346 

superiutendeut  or  superintendents  must  appoint 
three  electors  in  each  school  district  contained 
within  the  high  school  district  petitioning,  to  con- 
duct the  election.  Notice  of  election  shall  be  given 
by  posting  written  or  printed  notice  thereof,  in  at 
least  three  of  the  most  public  places  in  the  high 
school  district  in  which  the  election  is  called,  for 
at  least  twelve  days  next  before  the  day  set  for 
such  election.  In  union  and  joint  union  districts, 
the  said  notice  shall  be  given  in  each  school  dis- 
trict therein.  Said  election  shall  be  conducted  in 
the  manner  provided  by  law  for  conducting  school 
elections.  The  ballots  shall  have  printed  on  them 
the  words  "For  Disinconwration";  and  the  voters 
sliall  write  or  print  thereafter  the  word  "yes"  or 
the  word  "no."  The  election  officers  shall  report 
the  result  of  such  election  within  five  days  there- 
after to  the  county  superintendent  of  schools  of 
the  counties  of  which  they  are  residents.  If  a  ma- 
jority of  all  the  votes  cast  at  sucli  election  l)e  op- 
posefl  to  disincorporation,  no  further  petition  shall 
be  entertained  or  election  ordered  for  a  similar  pur- 
pose Avithin  the  three  years  next  following  sueh 
election.  If  two  thirds  of  all  votes  east  at  such 
election  be  in  favor  of  disincorporation.  the  su- 
perintendent shall,  at  the  end  of  existing  school 
year,  su.spend  said  high  school  district,  and  re- 
port tlie  result  of  the  election  and  the  fact  of  such 
suspension  to  the  board  of  supervisors;  provided, 
that  when  a  joint  union  high  school  district  is 
disincorporated  under  the  provisions  hereof,  each 
of  the  superintendents  of  the  counties  having  ter- 
ritory tlierein,  shall  immediately  certify  to  the 
others,  the  result  of  the  election  in  his  own  coun- 
ty, and  all  of  them  sliall  join  in  the  order  of  sus- 
pension, and  each  superiutendeut  shall  thereafter, 
and  before  the  end  of  the  existing  school  year, 
report  the  result  of  such  election  and  such  sus- 
pension to  the  board  of  supervisors  of  his  coun- 
ty. Upon  receiving  such  report,  said  boards  and 
each  of  them,  shall,  at  the  first  meeting  thereaf- 
ter, make  an  order  declaring  said  high  school  dis- 
trict duly  disincorporated  and  disorganized,  to 
talve  effect  at  the  end  of  the  existing  school  year. 
AVhen  a  city,  district,  or  union  high  school  lias  dis- 
incorporated under  the  provisions  of  this  section, 
the  property  thereof  shall  be  sold,  and  the  pro- 
ceeds of  such  sale,  together  with  any  moneys  in 
the  treasury  to  tlie  credit  of  such  disincorporating 


347  Schools.  §  1G70 

high  school  district,  sliall  be  disposed  of  as  in 
subdivision  twenty-third  hereof.  When  a  joint 
union  high  school  is  disincorporated  under  this  sec- 
tion, the  board  of  supervisors  of  tlie  county  with- 
in which  the  high  school  building  and  other  pi-op- 
erty  belonging  to  tlie  disincorporated  district  is 
situated,  shall  sell  the  same  and  place  the  pro- 
ceeds thereof  to  the  credit  of  the  school  districts 
composing  such  disincorporated  district.  Such  di- 
vision of  said  proceeds  shall  be  in  proportion  to 
the  value  of  property  in  the  districts  among 
which  division  is  made,  as  determined  by  the  last 
previous  assessment  for  school  purposes,  and  the 
portions  of  said  proceeds  belonging  under  such 
division  to  the  districts  in  other  counties  than  the 
one  in  which  the  sale  is  made,  shall  be  trausfei-red 
by  the  board  making  the  division,  to  the  county  or 
coimties  within  wliich  such  school  districts"  are 
situated;  but  the  joint  union  high  school  funds  in 
such  counties  collected  by  taxation,  for  the  main- 
ten.Tuce  of  said  joint  union  high  school,  shall  be 
distributed  by  the  supervisors  of  such  counties  to 
the  districts  from  which  they  were  collected. 

Twenty-fifth— When,  in  consequence  of  distance 
or  of  convenience  in  traveling,  it  is  more  conven- 
ient for  pupils  residing  in  any  high  school  dis- 
trict to  attend  the  high  school  in  anotlier  high 
school  district,  the  high  school  board  of  the  latter 
district  may  admit  sucli  pupils  to  the  high  school 
in  their  district,  upon  such  terms  as  the  two 
boards  may  arrange. 

Twenty-sixth— (1)  When  a  majority  of  the  heads 
of  families  residing  in  two  or  more  adjacent  dis- 
tricts, not  in  the  same  county,  shall  unite  in  a 
petition  to  the  county  superintendents  of  their 
respective  counties  f(n'  the  establisliing  and 
maintaining  of  a  joint  union  high  school  district, 
it  shall  be  the  duty  of  said  superintendent,  with- 
in twenty  days,  after  receiving  said  petition,  to 
call  an  election  in  the  district  or  districts  in  liis 
county  petitioning,  for  the  ptirpose  of  determining 
tlie  question,  and  appoint  three  qualified  electors 
in  each  district  petitioning,  to  conduct  the  election 
therein.  Said  election  sliall  be  called  and  con- 
ducted in  all  respects  as  specified  in  subdivision 
fourth  of  this  section,  and  the  result  thereof  shall 
lie  reported  by  the  election  officers  in  each  district 
to  the  superintendents  of  the  counties  in  which  the 
districts  are  situated,  within  five  days  subsequent 
to  the  holding  of  said  election. 


§  1071  Schools.  348 

(2)  If  a  majority  of  the  votes  cast  in  the  dis- 
tricts shall,  in  the  aggregate,  be  in  favor  of  estab- 
lishing a  joint  union  high  scliool,  the  county  super- 
intendent in  each  county  shall,  within  fifteen  days 
after  receiving  the  returns  of  the  election,  direct 
the  board  of  trustees  in  the  district,  or  districts,  in 
his  respective  county,  to  call  a  meeting  of  the  qual- 
ified electors,  as  provided  in  subdivision  sixth  of 
this  section.  At  said  meeting  the  qualified  elec- 
tors in  each  district  shall  select  representatives,  as 
provided  in  said  subdivision.  The  representatives 
so  chosen  shall  meet  at  a  time  and  place  to  be 
agreed  upon  ajuong  themselves  for  the  purpose  of 
determining  the  name  of  the  high  school.  The  lo- 
cation of  the  scliool  shall  be  determined  by  the 
joint  action  of  the  representatives  chosen  and  the 
county  superintendents  of  the  counties  in  man- 
ner and  form  as  provided  for  the  location  of  union 
high  schools. 

(3j  The  joint  union  high  school  board  shall  be 
composed  as  provided  in  subdivision  eighth  of 
this  section;  and  their  powers  and  duties  shall  be 
such  as  are  specified  in  this  section  for  union  high 
school  boards;  provided, that  the  estimate  provided 
for  in  subdivision  fourteentli  of  this  section  shall 
l)e  fiu'uished  to  the  authorities  in  each  of  the 
counties  in  which  the  districts  uniting  are  situ- 
ated; and  provided  further,  that  the  portion  of  the 
amount  to  be  raised  in  each  district  shall  be  in 
proportion  to  the  taxable  property  therein  as 
shown  by  the  last  preceding  assessment  roll  there- 
of. 

(4)  All  the  provisions  relative  to  the  levy  and 
collection  of  the  tax  necessary  to  maintain  the 
higii  school  shall  apply  to  the  levy  and  collection 
of  the  tax  for  joint  union  high  schools;  provided, 
that  the  amount  collected  in  each  district  shall  be 
paid  into  the  treasury  of  the  county  in  Avhich  said 
district  is  located,  to  the  credit  of  a  fund  to  be 
known  as  the  joint  union  high  school  fund,  and 
shall  be  paid  out  as  provided  in  subdivision  nine- 
teenth of  this  section.  fAmeudment  approved 
March  9,  1897:  Amendments  1897,  ch.  Ixxxv.  In 
effect  immediately.] 

Acts  relating  to  establishment  of  high  schools 
may  be  found  in  Stats.  1891,  at  pp.  57  and  182. 

§  1671.  First— There  may  be  established  in  any 
county  in  this  State,  one    or    more    county    high 


349  Schools.  §  1071 

schools;  provided,  that  at  any  general  or  special 
election  held  in  said  county  after  the  passage  of 
this  act,  a  majoritj'  of  all  the  votes  cast  at  such 
election,  upon  the  proposition  to  establish  a  high 
school,  shall  be  in  favor  of  establishing  and  main- 
taining such  county  high  school  or  schools  at  the 
expense  of  said  county. 

Second— The  board  of  supervisors  at  any  general 
election  to  be  held  in  any  county  after  the  passage 
of  this  act,  upon  the  presentation  of  a  petition 
signed  by  fifty  or  more  qualified  electors,  taxpay- 
ers of  said  county,  must  submit  the  question  of 
establishing  and  maintaining  a  county  high  school 
to  the  qualified  electors  thereof.  The  board  of  su- 
pervisors, if  they  deem  it  expedient,  may  order  a 
special  election  for  such  purpose.  Said  election 
shall  be  conducted  in  the -manner  prescribed  by 
law  for  conducting  elections.  The  ballots  at  such 
election  shall  contain  the  words  "For  County  High 
Scliool,"  and  the  voter  shall  write  or  print  there- 
after on  the  ballot  the  word  "Yes,"  or  the  word 
"No." 

Third— If  a  majority  of  all  the  votes  cast  on 
the  proposition  to  establish  a  county  high  school 
are  in  the  afiirmative,  it  shall  be  the  duty  of  the 
board  of  supervisors,  within  thirty  days  after 
canvassing  said  vote,  to  locate  the  school  in  some 
suitable  and  convenient  place  in  said  county.  The 
board  of  supervisors  shall  also  estimate  the  cost 
of  purchasing  a  suitable  lot,  erecting  a  building, 
and  furnishing  the  same,  for  the  accommodation 
of  such  school,  together  with  the  cost  of  conduct- 
inig  such  school  for  the  next  twelve  months;  pro- 
vided, that  the  high  school  board  may  rent  suit- 
able rooms  for  the  accommodation  of  the  school. 
If  rooms  can  be  obtained  in  public  school  build- 
ings in  the  place  in  which  said  school  shall  be  lo- 
cated, such  rooms  shall  be  given  the  preference. 

Fourth — When  such  estimate  shall  have  been 
made,  the  board  of  supervisors  shall  thereupon 
proceed  to  levy  a  special  tax  upon  all  of  the  as- 
sessable property  of  the  county,  except  as  provid- 
ed in  subdivision  twentieth  of  section  one  thou- 
sand six  liundred  and  seventy  of  the  Political 
Code,  suflicieut  to  raise  the  amount  estimated  as 
necessary  for  the  purchasing  of  a  lot,  procuring 
plans  and  specifications,  erecting  a  building,  fur- 
nishing the  same,  fencing  and  ornamenting  the 
grounds,  and  the  cost  of  running  said  school  for 
Pol.  Code— SO. 


§  1671  Schools.  350 

the  following  (12;  months.  Said  tax  shall  be  com- 
puted, entered  on  the  tax-roll,  and  collected  in  the 
same  manner  as  other  taxes  are  computed,  enter- 
ed and  collected,  and  the  amount  so  collected  shall 
be  deposited  in  the  county  treasury,  and  be  known 
and  designated  as  the  county  high  school  fund, 
and  shall  be  drawn  from  the  treasury  as  other 
moneys  so  appropriated  are  drawn. 

Fifth— ^^'hen  the  board  of  supervisors  shall  have 
properly  provided  and  completed  the  building,  to- 
gether with  the  necessary  fencing  of  the  lot  so 
purchased,  they  shall  cause  the  same  to  be  deeded 
to  the  county  board  of  education,  who  shall  hold 
the  same  in  trust  for  the  county^. 

Sixth — It  shall  be  the  duty  of  the  county  board 
of  education  to  furnish  to  the  board  of  supervisors 
annually,  an  estimate  of  the  amount  of  money 
needed  to  pay  all  of  the  necessary  expenses  of 
running  said  school;  to  adopt  the  necessary  text- 
boolxs  (tbe  State  series  sliall  be  used  in  grades 
and  classes  for  which  they  are  adapted);  to  adopt 
and  enforce  a  course  of  study  for  said  schools;  to 
employ  suitable  teachers,  janitors,  and  other  em- 
ployees, and  discharge  such  employees  when 
deemed  advisable  by  them,  and  to  do  any  and  all 
other  tilings  necessary  to  the  proper  conduct  of 
the  school.  The  ceurse  of  study  shall  embrace  a 
period  not  less  than  three  yeai-s,  and  it  shall  be 
such  as  will  prepare  graduates  therein  for  admis- 
sion to  the  State  univei'sity. 

Seventh— It  shall  be  the'  duty  of  the  board  of 
supervisors  to  include  in  their  annual  tax  levy  an 
amount  sufficient  to  maimain  the  county  liigli 
school;  and  such  amount,  wlien  collected  and  paid 
into  the  county  treasury,  shall  be  liuown  as  the 
"county  high  school  fund,"  and  may  be  drawn 
therefrom  in  the  following  manner,  for  the  pur- 
pose of  defraying  the  expenses  of  conducting  said 
county  high  school:  The  county  board  of  educa- 
tion shall  draw  their  order  on  the  county  superin- 
tendent of  schools,  in  the  manner  and  form  pro- 
vitled  by  law  tor  scliool  district  trustees  drawing 
orders  on  their  district  seliool  funds,  and  the  coun- 
ty superintendent  shall  draw  his  requisition  on  the 
auditor,  who  shall  draw  his  warrant  on  the  coun- 
ty treasurer  In  favor  of  the  person  or  persons  to 
whom  the  amount  called  for  in  such  requisition 
is  due.  All  ordei's.  requisitions,  and  warrants, 
drawn  on  the  "county  high  school  fund,"  in  all 


351  Schools,  §§  1672,  1073 

other  respects,  except  as  specified  in  this  act,  shall 
be  subject  to  the  law  governing  school  districts. 

Eighth — In  case  the  qualifletl  electors  of  any 
county  deem  it  expedient  to  establish  and  main- 
tain more  than  one  county  high  school,  then  such 
additional  school  or  schools  may  be  established 
and  maintained  in  the  manner  prescribed  in  this 
act  for  establishing  and  maintaining  a  county 
higli  school. 

Ninth— All  county  high  schools  shall  be  open  for 
the  admission  of  graduates  holding  diplomas  from 
the  grammar  schools  of  the  county,  and  to  all  pu- 
pils of  the  county  who  can  pass  tlae  examination 
for  admission.  The  examination  for  admission 
shall  be  conducted  b.v  the  county  board  of  educa- 
tion and  the  iw'incipal  of  the  county  high  school. 

Tenth — Nothing  in  this  act  shall  be  construed  so 
as  to  prevent  the  principal" of  the  high  school  from 
acting  as  principal  of  the  grammar  school  of  the 
school  district  in  which  the  high  school  is  located, 
if  so  desired  by  the  trustees  of  said  school  dis- 
trict. 

Eleventh— All  proceedings  for  the  establishment 
of  county  and  union  high  schools  had  prior  to  the 
passage  and  approval  of  this  act  are  hereby  val- 
idated and  declared  legal;  and  said  high  schools 
shall  continue  under  the  provisions  of  the  law  un- 
der which  they  were  established,  until  the  first 
day  of  July,  one  thousautl  eight  hiuidred  and  nine- 
ty-five; thereafter  they  shall  be  conducted  in  ac- 
cordance with  the  provisions  of  this  Act.  [Amend- 
ment approved  March  28,  1895;  Stats.  1895,  p.  300. 
In  effect  in  sixty  days.] 

§  1672.  No  publication  of  a  sectarian,  partisan, 
or  denominational  cliaracter  must  be  used  or  dis- 
tributed in  any  school,  or  be  made  a  part  of  any 
school  library;  nor  must  any  sectarian  or  denom- 
inational doctrine  be  taught  therein.  Any  school 
district,  town,  or  city,  the  officers  of  which 
Ivnowingly  allow  any  schools  to  1)e  tauaht  in  vic- 
lation  of  these  provisions,  forfeits  all  riglit  to  any 
State  or  county  apportionment  of  scliool  moneys; 
and  upon  satisfactory  evidence  of  such  violation, 
the  superintendent  of  public  instruction  and 
school  sujx'rintendcnt  must  withhold  both  State 
and  county  apportionments. 

Const.  Cal.,  art.  9,  sec.  8. 

§  1673.    No  school  must  be  continued  in  session 


§§  1682-1687.  Pupils.  352 

more  than  six  hours  a  day;  and  no  pupil  under 
eight  years  of  age  must  be  kept  in  school  more 
than  four  hours  per  day.  Any  violation  of  the 
provisions  of  this  section  must  be  treated  in  the 
same  manner  as  a  violation  of  the  provisions  of 
the  preceding  section. 


ARTICLE   XI. 

PUPILS. 

3  1682.  [Repealed.] 

§'  16S3.  Pupils,   how   admitted. 

§  1684.  Must   submit    to    regulations. 

§  1685.  Suspension   and   expulsion   of. 

§  1686.  Defacing    of   school    property,    liabilities    for. 

'  '  §  16S7.  Experienced    teachers    for    beginners 

§  1682.    Repealed;  Stats.  1891,  p.  164. 

§  1683.  Pupils  must  be  admitted  into  the 
schools  in  the  order  in  which  they  apply  to  be 
registered. 

Act  to  enforce  educational  rights  of  children: 
See  General  Laws,  title  "Schools." 

§  1684.  All  pupils  must  comply  with  the  regu- 
lations, pursue  the  required  course  of  study,  and 
submit  to  the  authority  of  the  teachers  of  such 
schools. 

§  1685.  Continued  willful  disobedience,  or  open 
defiance  of  the  authority  of  the  teacher,  consti- 
tutes good  cause  for  ex])ulsion  from  school:  and 
habitual  profanity  and  vulgarity  good  cause  for 
suspension  from  school. 

§  1686.  Any  pupil  who  cuts,  defaces,  or  other- 
wise injures  any  school-house,  fences,  or  outbuild- 
ings thereof,  is  liable  to  suspension  or  expulsion, 
and  on  the  complaint  of  the  teacher  or  trustees, 
the  parents  or  guardians  of  such  pupil  shall  be 
liable  for  all  damages.  fAmenilmeut  anjirove  1 
March  28.  1874:  Amendments  1873-4.  p.  112;  in  ef- 
fect March  28,  1874.] 

§  1687.  In  all  scliools  having  more  than  two 
teachers,  beginners  shall  be  taught  by  teachers 
who  have  had  at  least  two  years'  experience,  or 


353  Teachers.  §  1696 

by  normal  school  graduates;  and  in  cities  such 
teachers  shall  rank,  in  point  of  salary,  with  those 
of  the  assistant  teachers  in  the  highest  grade  in 
the  grammar  schools;  and  in  no  case  shall  boards 
of  education  or  boards  of  school  trustees  draw 
orders  for  the  salary  of  any  teacher  in  violation 
of  this  provision,  nor  shall  any  superintendent 
draw  any  requisition  for  the  salary  of  any  teacher 
in  violation  thereof.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  254;  in  effect  im- 
mediately.] 

ARTICLE  XII. 

TEACHERS. 

§  1696.  General  duties  of  teachers. 

S  1697.  School    month    defined.  . 

S  1698.  Appeal  from  premature  dismissal   of  teacher. 

§  1699.  Appeal  where  teacher's  salary  withheld. 

S  1700.  No  warrant  to  be  drawn  in  favor  of  a  teacher  un- 
less he  performs  his  duties. 

§  1701.  Nor  unless  he  holds  certificate  and  was  employed. 

§  1702.  Duties  of  teachers  as  to  ethical  instruction. 

§  1704.  Teachers   must   be   eighteen   years   of   age. 

§  1696.  Every  teacher  in  the  public  schools 
must,— 

Fir.st.  Before  assuming  charge  of  a  school,  tile 
his  or  her  certificate  with  the  superintendent  of 
schools;  provided,  that  when  any  teacher  so  em- 
ployed is  the  holder  of  a  California  State  normal 
school  diploma,  accompanied  by  the  certificate  of 
the  State  board  of  education,  as  provided  in  sub- 
division third  of  section  one  thousand  five  hun- 
dred and  three  of  the  Political  Code,  an  educa- 
tional or  a  life  di])loma  of  California,  upon  pre- 
sentation thereof  to  the  superintendent  he  shall 
record  the  name  of  said  holder  in  a  boolj  provided 
for  that  purpose  in  liis  ottice,  and  the  holder  of 
said  diploma  shall  thereupon  l)e  absolved  from  the 
provisions  of  this  subdivision. 

Second.  Before  taking  charge  of  a  school,  and 
one  week  before  closing  a  term  of  school,  notify 
the  county  superintendent  of  such  fact,  naming 
the  day  of  opening  or  closing.  Boards  of  educa- 
tion and  boards  of  school  trustees  must  in  every 
case  give  to  the  teacher  a  notice  of  at  least  two 
weeks  of  their  intention  to  close  the  term  of 
school  under  their  charge.       No     superintendent 


§  1096  Teachers.  354 

shall  draw  any  requisition  for  the  last  month's 
salary  of  any  teacher  until  said  teacher  has  filed 
with  him  the  notice  required  by  this  subdivision. 

Third.  Enforce  the  course  of  study,  the  use  of 
the  legally  authorized  text-books,  and  the  rules 
and  regulations  prescribed  for  schools. 

Fourth.  Hold  pupils  to  a  strict  account  for  their 
conduct  on  the  way  to  or  from  school,  on  the 
playground,  or  during  recess;  suspend,  for  good 
cause,  any  pupil  from  the  school,  and  report  such 
suspension  to  the  board  of  school  trustees  or  city 
board  of  education  for  review.  If  such  action  is 
not  sustained  by  them,  the  teacher  may  appeal  to 
the  county  superintendent,  whose  decision  shall 
be  final. 

Fifth.  Keep  a  state  school  register,  in  which 
shall  be  left,  at  the  close  of  the  term,  a  report 
showing  the  programme  of  recitations,  classifica- 
tion, and  grading  of  all  pupils  who  have  attended 
school  at  any  time  during  the  school  year.  The 
superintendent  shall  in  no  case  draw  a  requisition 
in  favor  of  the  teacher  until  the  teacher  has  filetl 
with  him  a  certificate  from  the  clerk  of  the  board 
of  school  trustees  to  the  effect  that  the  provisions 
of  this  subdivision  have  been  complied  with. 

Sixth.  ^lake  an  annual  report  to  the  county  su- 
perintendent at  the  time  and  in  the  manner  and  on 
the  blanks  prescribed  by  the  superintendent  of 
public  instruction.  Any  teacher  who  shall  end 
any  school  term  before  the  close  of  the  school  year 
shall  make  a  report  to  the  county  superintendent 
immediately  after  the  close  of  such  term;  and  any 
teacher  who  may  be  teaching  any  school  at  the 
end  of  the  school  year  shall,  in  his  or  her  annual 
report,  include  all  statistics  for  the  entire  school 
j'ear.  notwithstanding  any  previous  report  for  a 
part  of  the  year.  The  superintendent  of  schools 
shall  in  no  case  draw  a  requisition  for  the  salary 
of  any  teacher  for  the  last  month  of  the  school 
term,  until  the  report  required  by  this  subdivis- 
ion has  been  filed,  and  by  him  approved. 

Seveutli.  Make  such  other  reports  as  may  be 
required  by  the  superintendent  of  public  instruc- 
tion, county  superintendent,  board  of  school  trus- 
tees, or  city  board  of  education.  [Amendment  ap- 
proved March  23,  1893;  Stats.  1893,  p.  255;  in  ef- 
fect immediately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  161. 


355  Teachers.  §§  1697-1700 

Teachers'  annuity  fund,  act  providing  for:  See 
General  Laws,  title  "Schools." 

§  1697.  A  school  month  is  construed  and  taken 
to  be  twenty  school  days,  or  four  weeks  of  five 
school  days  each. 

§  1698.  In  case  of  the  dismissal  of  any 
teacher  before  the  expiration  of  any  oral  or  writ- 
ten contract  entered  into  between  such  teacher 
and  board  of  trustees,  for  alleged  untitness  or 
incompetence,  or  violation  of  rules,  the  teacher 
may  appeal  to  the  school  superintendent;  and  if 
the  superintendent  decides  that  the  removal  was 
made  without  good  cause,  the  teacher  so  removed 
must  be  reinstated,  and  shall  be  entitled  to  com- 
pensation for  the  time  lost  during  the  pending  of 
the  appeal.  [Amendment-  approved  March  23, 
1893;  Stats.  1893,  p.  256;  in  effect  immediately.] 

§  1699.  First.  Any  teacher  whose  salary  is 
withheld,  may  appeal  to  the  superintendent  of 
public  instruction,  who  shall  thereupon  require 
the  superintendent  of  schools  to  investigate  the 
matter  and  present  the  facts  thereof  to  him.  The 
judgment  of  the  superintendent  of  public  instruc- 
tion shall  be  final:  and  upon  receiving  it,  tlie  su- 
perintendent of  schools,  if  the  judgment  is  in  fa- 
vor of  the  teacher,  shall,  in  case  the  trustees  re- 
fust  to  issue  an  order  for  said  withheld  salary, 
issue  his  requisition  iu  favor  of  said  teacher. 

Second.  Should  any  teacher  employed  by  a 
board  of  school  trustees  for  a  specified  time,  leave 
the  school  before  the  expiration  of  such  time, 
without  the  consent  of  the  trustees,  in  writing, 
said  teacher  shall  be  deemed  guilty  of  unprofes- 
sional conduct,  and  the  board  of  education  of  the 
county  are  authorized,  upon  receiving  notice  of 
such  fact,  to  suspend  the  certificate  of  such  teach- 
er for  the  period  of  one  year;  should  said  teacher 
be  the  holder  of  an  educational  or  a  life  diploma, 
the  superintendent  of  schools  shall  report  the  de- 
linquency of  the  teacher  to  the  state  board  of  ed- 
ucation, who  are  thereupon  authorized  to  suspend 
said  diploma  for  the  period  of  one  year.  [Amend- 
ment approved  March  23,  1893;  Stats.  1893,  p.  256; 
in  effect  immediately.] 

§  1700.    No  warrant  must  be  drawn  in  favor  of 


§§  1701-1704  Teachers.  356 

any  teacher,  unless  the  officer  whose  duty  it  is  to 
draw  such  warrant  is  satisfied  that  the  teacher 
lias  faithfully  performed  all  the  duties  prescribed 
in  section  sixteen  hundred  and  ninety-six. 
[Amendment  approved  March  28.  1874;  Amend- 
ments 1873-4,  p.  99;  in  effect  March  28,  1874.] 

§  1701.  No  requisition  for  a  warrant  shall  be 
drawn  in  favor  of  any  teacher,  imless  such  teach- 
er is  the  holder  of  a  proper  certificate,  in  force  for 
the  full  time  for  which  the  requisition  is  drawn, 
nor  unless  he  was  employed  by  the  boai-d  of  trus- 
tees, or  city  board  of  education,  or  by  the  super- 
intendent of  schools,  as  provided  in  section  one 
thousand  five  hundred  and  forty -five.  [Amend- 
ment approved  March  4,  1881;  Amendments  1881, 
p.  44;  in  effect  March  4,  1881.] 

§  1702.  It  shall  be  the  duty  of  all  teachers  to 
endeavor  to  impx-ess  on  the  minds  of  the  pupils 
The  principles  of  morality,  (the)  truth,  justice,  and 
patriotism;  to  teach  them  to  avoid  idleness,  pro- 
fanity, and  falsehood,  and  to  instruct  them  in  the 
principles  of  a  free  government,  and  to  train  them 
up  to  a  true  comprehension  of  the  rights,  duties, 
and  dignitv  of  American  citizenship.  [New  sec- 
tion approved  March  28,  1874;  Amendments  1873- 
4,  p.  99;  in  effect  March  28,  1874.] 

§  1703.  [A  new  section,  1703,  was  included  in 
the  title  of  Act  of  April  7,  1880,  but  not  in  the 
Act  itself.] 

§  1704.  No  person  is  eligible  to  teach  iu  any 
public  school  in  this  State,  or  to  receive  a  cer- 
tificate to  teach,  who  has  not  attained  the  age  of 
eighteen  years.  [New  section  approved  April  7, 
1880:  Amendments  1880,  p.  40;  in  effect  April  7, 
1880.  J 


357  District  Libraries.        §§  1712,  1713 

ARTICLE  XIII. 

DISTRICT   LIBRARIES. 

§  1712.  Library  Fund,  how  expended. 

§  1713.  Of  what  Fund  consists. 

§  1714.  Same. 

§  1715.  Control  and  location  of  library. 

§  1716.  Who  may  use. 

§  1717.  Powers  of  Trustees. 

§  1712.  First.  The  board  of  scliool  trustees, 
and  the  city  board  of  education  in  any  city,  must 
expend  the  library  fund,  together  with  such  mon- 
eys as  may  be  added  thereto  by  donation,  in  the 
purchase  of  school  apparatus  and  books  for  a 
school  library,  including  books  for  supplementary 
work;  and  no  warrant  shall  be  drawn  by  the  su- 
perintendent of  schools  upon  the  order  of  any 
board  of  trustees  against  the  library  fund  of  any 
district  unless  such  order  is  accompanied  by  an 
itemized  bill,  showing  the  books  and  apparatus, 
and  the  price  of  each,  in  payment  of  which  the 
order  is  drawn,  and  unless  such  books  and  appa- 
ratus have  been  adopted  by  the  county,  or  city, 
or  city  and  county  board  of  education.  All  or- 
ders of  the  trustees  and  of  boards  of  education  for 
books  or  apparatus  must  in  every  case  be  sub- 
mitted to  the  superintendent  of  schools  of  the 
county,  or  city,  or  city  and  county,  respectively, 
for  his  approval,  before  said  books  or  apparatus 
.shall  be  purcliased. 

Second.  The  trustees  of  each  district  shall 
cause  each  book  now  in  their  district  school  li- 
brary, or  that  may  hereafter  be  placed  in  said  li- 
brary, to  be  stamped  on  the  flyleaf,  on  the  title 
page, and  on  each  one  hundredth  pa^e  of  the  book, 
with  the  words,  "Department  of  Public  Instruc- 
tion, State  of  California. County.  

District  Library,"  and  the  county  superintendent 
is  hereby  authorized  and  instructed  to  proeure 
such  stamp  for  each  district  in  his  county,  and 
to  pay  for  the  same  out  of  the  county  school  fund 
of  such  district.  [Amendment  approved  March  23, 
1893;  Stats.  1893.  256;  in  effect  immediately.] 

§  1713.  Except  in  cities  not  divided  into  school 
districts,  the  library  fund  shall  consist  of  not  less 


§§  1714-1717        District  Libraries.  358 

than  five  nor  more  tban  ten  per  cent  of  the  county 
school  fund  annually  appportioned  to  the  district; 
provided,  that  should  ten  per  cent  exceed  fifty 
dollars,  fifty  dollars  only  shall  be  apportioned  to 
the  district;  and  provided  further,  that  the  school 
trustees  of  each  district  in  the  county  shall,  in  the 
month  of  July  in  eacli  year,  notify  the  superin- 
tendent of  the  county  as  to  what  amount  they 
desire  to  be  apportioned  for  their  respective  dis- 
tricts for  the  year.  [Amendment  approved  March 
23,  1893,  Stats.  1893,  p.  257;  in  effect  Immediately.] 

§  1714.  In  cities  not  divided  into  school  dis- 
tricts, the  library  fund  shall  consist  of  a  sum  not 
to  exceed  fifty  dollars  for  every  one  thousand 
children,  or  fraction  thereof  of  five  hundred  or 
more,  between  the  ages  of  five  and  seventeen 
years,  annually  taken  from  the  city  or  county 
school  fund  apportioned  to  the  city.  The  superin- 
tendent shall  apportion  the  librar.v  fund  in  cities 
not  divided  into  districts  amongthe  several  schools 
in  proportion  to  the  average  number  of  children 
belonging  to  each  school.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  257.  In  effect  im- 
mediately.] 

§  1715.  Libraries  are  under  the  control  of  the 
board  of  trustees,  or  city  board  of  education,  and 
must  be  Ivopt.  when  practicable,  in  the  sehonl- 
houses.  [Amendment  approved  April  7,  1880; 
Amendments  3880.  p.  40;  in  effect  April  7,  1880.] 

§  1716.  The  library  is  free  to  all  pupils  of  a 
suitable  age  belonging  to  the  school,  and  any  res- 
ident of  the  district  may  become  entitled  to  its 
privileges  by  the  payment  of  such  a  sum  of  mon- 
ey for  life  membership,  or  such  annual  or  monthly 
fee,  as  maj-  be  prescribed  by  the  trustees. 

§  1717.  The  trustees  shall  be  held  accountable 
for  the  proper  care  and  preservation  of  the  li- 
brary, and  shall  have  power  to  assess  and  col- 
lect all  fines,  penalties,  and  fees  of  membership, 
and  to  make  all  needful  rules  and  regulations  not 
provided  for  by  the  state  board  of  education,  and 
not  inconsistent  therewith;  and  they  shall  repoi't 
annually  to  the  county  superintendent  all  library 
statistics  which  may  be  required  by  the  blanks  fiu-- 
nished  for  tlie  purpose  by  the  superintendent  of 
public  instruction.  [New  section  approved  March 
28.  1874:  Amendments  1873-4;  p.  100.  In  effect 
March  28,  1874.] 


359       County  Boards  of  Education.     §§  1726-1768 
ARTICLE  XIV. 

EDUCATIONAL    JOURNAL. 

§§  1726-1731.  Repealed.  [Repealed  April  1, 
1876;  Amendments  1875-6,  p.  27.  In  effect  April  1, 
1876.] 

ARTICLE  XV. 

STATE    BOARD    OF    EXAMINATION. 

§§  1741-1758.  state  board  of  examination.  Sec- 
tions 1741  to  1755  and  1758,  relating  to  the  State 
board  of  examination,  were  repealed  by  act  of 
April  7,  188U;  Amendments  1880,  47  (Ban.  ed. 
152);  took  effect  immediately. 

§  1756.  Fees  for  diplomas.  Section  1756  was 
repealed  by  act  approved  March  13,  1874;  Amend- 
ments 1873-4,  84;  took  effect  from  passage. 

§  1757.    Repealed:  Stats.  1893,  p.  276,  sec.  72. 
ARTICLE  XVI. 

COUNTY  BOARDS  OF  EDUCATION. 

§  1738.  County   Boards,    how   composed. 

§  1769.  President  and  ex   officio   Secretary. 

§  1770.  Meetings  and   compensation. 

§  1771.  Power   of   County   Boards. 

§  1772.  Certificates,   to  whom  to  be  issued. 

§  1773.  Examination,   how  conducted. 

§  1774.  Standing  to  be  indorsed  on  certificate. 

§  1775.  Granting  and  renewal  of  certificates. 

§  1776.  Certificates    to    graduates    of    Normal    School.     (Re- 
pealed.) 

§  1777.  Compensation    of    Board.      (Repealed.) 

§  1768.  First.  Except  in  any  city  and  county, 
there  shall  be  a  county  board  of  education,  which 
shall  consist  of  the  county  superintendent  of 
schools,  and  of  four  other  members  appointed  by 
the  board  of  supervisors  of  the  county. 

Second.  Of  tlie  members  appointed  by  the 
board  of  supervisors,  at  least  two  shall  always  be 


§  1769      County  Boards  of  Education.  360 

experienced  teachers,  holding  not  lower  than 
grammar  grade  certificates  in  full  force  and  ef- 
fect. 

Third.  At  their  last  regular  meeting  preceding 
the  first  day  of  July,  in  the  year  eighteen  hun- 
dred and  ninety-three,  the  board  of  supervisors 
shall  appoint  two  members,  at  least  one  of  whom 
shall  be  an  experienced  teacher,  to  serve  on  said 
board  of  education  for  the  period  of  one  year;  and 
also  two  persons,  at  least  one  of  whom  shall  be 
an  experienced  teacher,  to  serve  on  said  board  of 
education  for  the  period  of  two  years;  and  there- 
after, each  and  every  year,  the  board  of  supervis- 
ors, at  the  last  regular  meeting  preceding  the  fii-st 
day  of  July,  shall  appoint  two  persons,  at  least 
one  of  whom  shall  be  an  experienced  teacher,  to 
serve  on  said  board  of  education  for  the  period  of 
two  years. 

Fourth.  If  the  board  of  supervisors  of  any 
county  refuse  or  neglect  to  appoint  members  of 
the  county  board  of  education,  as  provided  in  sub- 
division tliree  of  tliis  section,  it  sliall  be  the  duty 
of  the  county  superintendent  to  appoint  them. 
Should  a  vacancy  occur  at  any  time  in  the  coun- 
ty board  of  education,  it  shall  be  the  duty  of  the 
board  of  supervisors  to  appoint  a  party  to  fill  such 
vacancy. 

J^'ifth.  The  members  of  the  county  board  of  ed- 
ucation elected  or  appointed,  shall  qualify  within 
ten  days  after  receiving  notice  of  their  election  or 
appointment. 

Sixth.  The  county  board  of  education  shall  or- 
ganize on  the  first  meeting  subsequent  to  the  first 
(lay  of  July  in  each  year,  by  electing  one  of  their 
number  president  of  the  board.  The  county  su- 
perintendent shall  be  ex-officio  secretary  of  the 
board. 

Seventh.  For  the  transaction  of  business,  three 
members  shall  constitute  a  quorum;  but  no  teach- 
ers' certificates  sliall  be  issued,  renewed,  or  re- 
volted, nor  shall  any  booths  or  apparatus  be 
adopted,  except  by  an  afBrmative  vote  of  at  least 
three  members  of  the  board.  On  the  call  of  any 
member,  the  ayes  and  nays  sliall  be  talcen  upon 
any  proposition,  and  the  vote  shall  be  recorded  in 
the  minutes  of  the  board.  [Amendment  approved 
March  23,  1893;  Stats.  1893;  p.  257;  in  effect  im- 
mediately.] 

§  1769.    Repealed;  Stats.  1893,  p.  276,  sec.  72. 


361       County  Boards  of  Education.    §§  1770,  1771 

§  1770.  First.  Each  county  board  of  education 
shall  meet  semi-annually,  at  such  time  as  they 
may  determine.  Special  meetings  may  be  called 
by  the  superintendent  whenever,  in  his  judgment, 
the  exigencies  of  the  schools  may  require  them  to 
be  lield.  Upon  the  request  of  any  three  mem- 
bers, in  writing,  the  superintendent  shall  call  a 
special  meeting.  Notice  of  all  semi-annual  meet- 
ings shall  be  given  by  the  secretary  at  least  ten 
days  prior  to  the  time  of  meeting;  and  no  busi- 
ness shall  be  transacted  at  a  special  meeting,  ex- 
cept as  provided  in  subdivision  second  of  this  sec- 
tion, other  than  such  as  may  be  specified  in  the 
call  of  the  secretary. 

Second.  Examination  of  applicants  for  teach- 
ers' certificates  shall  be  held  only  at  the  semi-an- 
nual meetings  of  the  board.  Certificates  upon 
credentials  may  be  granted,  and  certificates  may 
be  renewed,  at  any  meeting  of  the  board. 

Third.  The  board  of  supervisors  shall  allow  to 
eacli  member  of  the  county  board  of  education  a 
compensation  of  five  dollars  a  day  for  his  servi- 
ces, and  the  same  rate  of  mileage  as  is  allowed  to 
tlie  members  of  the  board  of  supervisors  of  the 
county.  The  secretary  shall  be  allowed  the  sum 
of  five  dollars  per  day  for  the  actual  time  that  the 
board  may  be  in  session;  said  compensation  of 
the  members  of  the  board,  and  of  tlie  superin- 
tendent, shall  be  payable  out  of  the  same  fund 
and  in  the  same  manner  as  the  salary  of  the  super- 
intendent of  schools  is  paid. 

Fourth.  All  expenses  for  printing  required  by 
the  county  board  of  education,  and  all  incidental 
expenses  incurred  for  stationery  or  other  purposes 
in  the  performance  of  their  duties,  shall  be  audit- 
ed and  paid  as  other  claims  against  the  general 
fund  of  the  county  are  paid.  [Amendment  ap- 
proved March  23,  1893;  Stats.  1893,  p.  258;  in  effect 
iianiediately.] 

§  1771.  County  boards  of  education  have  pow- 
er: 

First.  To  adopt  rules  and  regulations,  not  in- 
consistent with  the  laws  of  this  State,  for  their 
own  government. 

Second.  To  prescribe  and  enforce  rules  for  the 
examination  of  teachers. 

Third.  To  examine  applicants  and  to  prescribe  a 
standard  of  proficiency  which  will  entitle  the  per- 
Pol.  Code-31. 


§  1771.      County  Boards  of  Education.  362 

sou  examined  to  a  certiiicate,  and  to  grant  certifi- 
cates of  thiree  grades,  valid  throughout  the  coun- 
ty, except  as  provided  in  section  seventeen  hun- 
dred and  seventy-five,  as  follows: 

1.  High  school;  valid  for  six  j-ears,  authorizing 
the  holder  to  teach  in  any  high  school,  gi-ammar 
grade,  or  primary  school;  provided,  that  holders 
of  grammar  school  course  certificates  shall  be  en- 
titled to  receive  high  school  certificates  in  lieu 
thereof. 

2.  Grammar  grade;  valid  for  six  years,  authoriz- 
ing the  holder  to  teach  in  any  grammar  grade  or 
primary  school. 

3.  Primary;  valid  for  tAvo  years;  authorizing  the 
holder  to  teach  in  any  primary  school:  also  to 
grant  special  certificates,  valid  for  six  years, 
which  shall  entitle  the  holder  to  teach  such  special 
branches  as  may  be  reqviired  by  city  or  county 
boards  of  education. 

Fourtli.  To  prescribe  and  enforce  the  use  of  a 
uniform  series  of  text-boolvS.  and  a  course  of 
study  in  the  public  schools,  and  to  adopt  a  list  of 
boolis  and  apparatus  for  district  scliool  libraries. 

Fifth.  To  revolve  or  suspend  for  immoral  or  un- 
professional conduct,  or  evident  unfitness  for 
teaching,  the  certificates  granted  by  them. 

Sixth.    To  Iveep  a  record  of  its  proceedings. 

Seventh.  To  issue  diplomas  of  graduation  from 
any  of  the  public  schools  of  the  county,  except  in 
incorporated  cities  having  boards  of  education, 
which  diplomas  shall  be  designed  by  the  super- 
intendent of  public  instruction,  and  distributed  as 
other  blanks  from  his  otfice.  Diplomas  shall  be  is- 
sued only  to  pupils  who  have  passed  an  examina- 
tion prescribed  by  tlie  county  board  of  education. 
Such  diplomas  shall  be  signed  by  the  president 
and  secretary  of  the  county  board,  and  by  the 
principal  of  the  school. 

Eiglith.  To  adopt  and  use,  in  authentication  of 
its  acts,  an  official  seal;  and  to  have  such  printing 
done  as  may  be  necessary  in  the  discharge  of  their 
duties. 

Xiutli.  All  examination  papers  for  teachers'  cer- 
tificates shall  be  kept  on  file  in  the  otfice  of  the 
superintendent  of  schools  for  at  least  one  year, 
and  shall  be  open  for  the  inspection  of  applicants 
or  their  authorized  aceuts.  [Amendment  ap- 
proved March  23.  1893;  Stats.  1893,  p.  259:  in  effect 
immediately.] 


3(k3     Comity  Boards  of  Education.      §§  1772-1775 

This  section  was  also  amended     in  1891;  Stats. 
1891.  p.  162. 
Subd.  4:  See  Const.  Cal.,  art.  9,  sec.  7. 

§  1772.  Except  as  provided  in  section  seven- 
teen hundi'ed  and  seventy-tive,  certificates  shall  be 
granted  only  to  those  who  have  passed  a  satisfac- 
tory examination  in  all  the  studies  prescribed  by 
the  county  board  of  education;  provided,  that  ap- 
plicants for  primary  county  eertiflcates  shall  be 
required  to  pass  an  examination  only  in  arilhme- 
tic,  ffi'ammar,  geography,  composition,  history  of 
the  United  States,  orthography,  defining,  penman- 
ship, reading,  methods  of  teaching,  school  law,  in- 
dustrial drawing,  physiology,  civil  government,  el- 
ementary book-keeping,  and  vocal  music.  [Amend- 
ment approved  INIarch  23,  1893;  Stats.  1893,  p.  260. 
In  efl'ect  immediately.] 

§  1773.  All  examinations  shall  be  in  writing 
in  answer  to  questions  formulated  by  the  Board  of 
Education.  The  said  board  shall  also  examine  all 
applicants,  orally,  touching  tlie  questions  asked 
and  such  other  matters  in  connection  therewith 
as  shall  have  a  tendency  to  demonstrate  the  fit- 
ness of  the  applicant  to  assume  the  duties  of 
teacher.  The  said  boai'd  shall  ask  questions  of 
practical  utility,  with  a  view  of  ascertaining  the 
knowledge  and  ability  of  the  applicant.  All  ex- 
aminations shall  be  public.  [Approved  March  15, 
1889.] 

§  1774.  The  standing  of  each  applicant  in  each 
study,  and  in  the  class,  must  be  indorsed  on  the 
back  of  each  certificate  issued  upon  examination, 
otherwise  it  is  not  a  valid  certificate.  [Amend- 
ment approved  April  7,  1880;  Amendments  1880, 
p.  42.    In  effect  April  7,  1880.] 

§  1775.  First- The  board  may  also,  without  ex- 
amination, grant  covmty  certificates  of  either  the 
grammar  or  the  primary  grade  to  the  holders  of 
life  diplomas  of  other  States,  Nevada,  Oregon,  and 
Wasliington  State  educational  diplomas;  San  Fran- 
cisco normal  class  diplomas,  when  recommended 
by  the  su])erintendent  of  pul)lic  schools  of  said 
city;  California  State  University  diplomas,  when 
recommended  by  the  faculty  of  the  university; 
State  normal  school     diplomas  of     other     States; 


§  1775      County  Boards  of  Education.  364 

grammar  grade  certiftcates  of  any  county,  city,  or 
city  and  county  of  California;  and  county  certifi- 
cates of  the  high  school  grade  to  holders  of  Cali- 
fornia State  University  diplomas,  when  recom- 
mended by  the  faculty  of  the  university,  and  to 
graduates  of  any  other  institution  in  the  United 
States  which  the  State  board  of  education  of  this 
State  shall  have  recommended  as  being  of  the 
same  ranli  as  the  State  University  of  California 
when  the  diploma  of  graduation  from  said  insti- 
tution shall  be  accompanied  by  a  recommendation 
from  the  faculty  thereof,  showing  that  the  holder 
of  the  diploma  has  had  academic  and  professional 
training  equivalent  to  that  required  by  the  State 
ITniversity.  The  general  conditions  on  which  such' 
recommendations  may  be  accepted  by  the  county 
boards  of  education  as  fulfilling  these  require- 
ments shall  be  prescribed  by  the  State  board  of 
education. 

Second — Whenever  any  holder  of  a  diploma 
from  a  State  University  shall  present  to  the  State 
board  of  education  satisfactory  evidence  of  hav- 
ing had  two  years'  successful  experience  as  a 
teacher  subsequent  to  graduation,  accompanied  by 
a  recommendation  from  the  faculty  of  the  State 
University,  showing  that  said  graduate  has  com- 
pleted the  prescribed  course  in  the  pedagogical  de- 
partment of  the  State  University,  the  State  board 
of  education  shall  grant  to  the  holder  of  said  uni- 
versity diploma  a  document,  signed  by  the  presi- 
dent and  secretary  of  the  State  board,  showing 
such  fact,  and  the  said  diploma,  accompanied  by 
said  document  of  the  State  board  attached  there- 
to, shall  become  a  permanent  certificate  of  qual- 
ification to  teach  in  any  primary,  grammar,  or 
high  school  in  the  State,  valid  until  such  time  as 
the  said  document  shall  be  revolved  by  said  State 
board  of  education  for  any  of  the  causes  shown  in 
subdivision  four  of  section  one  thousand  seven 
hundred  and  ninety-one. 

Third — The  board  may,  without  examination,  re- 
new unexpired  certificates  previously  granted  by 
said  board,  such  renewed  certificates  to  remain 
valid  for  the  same  length  of  time  for  which  new 
certificates  may  be  gi*anted;  and  the  grammar 
grade  and  primary  certificates  issued  or  renewed 
by  the  county  board  of  education  shall  entitle  the 
holders  thereof  to  teach  in  any  city  or  district 
school  in  the  county,  in  grades  corresponding  to 


]G5         City  Boards  of  Examination.   §§  1176-1787 

the  grades  of  their  certificates;  provided,  that  in 
cities  having  special  departments  in  their  schools, 
holders  of  credentials  mentioned  above  may  be 
examined  by  the  city  board  of  examination  in  the 
special  studies  of  such  departments.  County 
boards  of  education  may  issue,  upon  proper  exam- 
ination or  credentials,  special  certificates  in  any 
special  branches  taught  in  the  schools  of  the 
county.  All  certificates  must  be  issued  upon  the 
blanli  forms  prepared  for  the  purpose  by  the  su- 
perintendent of  public  instruction.  [Amendment 
approved  March  23,  1893;  Stats.  1893,  p.  260.  In 
effect  immediately.] 

This  section  was  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  163. 

§  1776.  Any  member  of  a  county  board  of  ed- 
ucation or  of  a  city  board  of  examination  who 
shall,  except  in  the  regular  course  of  study  in 
the  public  schools,  -teach  any  classes  where  pupils 
are  given  special  instruction  to  prepare  them  for 
passing  examination  to  obtain  teachers'  certifi- 
cates, or  who  shall  give  special  instruction  to  any 
person  preparing  for  examination  to  obtain  a 
teachers"  certificate,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  his 
office  shall  be  declared  vacant.  No  certificate  shall 
be  issued  to  any  applicant  who  has  received  spe- 
cial instructions,  when  preparing  for  examina- 
tion, from  any  member  of  a  county  board  of  edu- 
cation, or  of  a  city  board  of  examination. 
[Amendment  approved  March  23,  1893;  Stats.  1898, 
p.  261.    In  effect  immediately.] 

§  1777.     [Repealed.    In  effect  Apnl  7,  1880.] 


arttclp:  XVII. 

CITY    BOARDS    OF    EXAMINATION. 

§  1787.  May  be  a  Board  in  each  city. 

§  1788.  How  constituted. 

§  1789.  Chairman. 

§  1790.  Meetings. 

§  1791.  General  powers. 

§  1792.  Certificates   granting   revocation   of. 

§  1793.  Teachers'  eligibility,  how  dismissed. 

§  1794.  Compensation   allowed. 

§   1787.    In  every  city  or  city  and  county  of  the 


§§  1788-1701  City  Boards  of  Examination.         366 

first,  second,  or  third  class,  having  a  board  of  edu- 
cation, there  may  be  a  city  board  of  examination. 
[Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  261.    In  effect  Immediately.] 

§  1788.  Each  city  board  of  examination  shaU 
consist  of  the  city  superintendent  of  schools,  and 
four  other  members,  residents  of  such  city,  all  of 
whom  shall  be  experienced  teachers,  elected  by 
the  city  board  of  education,  and  holding  office  for 
two  years.  [Amendment  approved  March  23, 
1893;  Stats.  1893,  p.  261.    In  effect  immediately.] 

§  1789.  The  city  superintendent  of  schools  is 
chairman  of  the  city  board  of  examination.  [In 
efl'ect  March  4,  1881.] 

§  1790.  The  city  board  of  examination  must 
meet  and  hold  examinations  for  the  granting  of 
teachers'  certificates  semi-annually,  at  such  times 
as  they  may  determine.  They  may  also  hold 
monthly  meetings  for  the  transaction  of  such  bus- 
iness as  may  come  before  them.  Special  meetings 
may  be  called  by  the  city  superintendent  when,  in 
his  judgment,  the  same  ai'e  necessary;  and  on  the 
request,  in  writing,  of  any  three  members  of  the 
board,  the  city  superintendent  shall  call  a  special 
meeting,  ^'o  business  shall  be  transacted  at  any 
special  meeting  except  such  as  is  indicated  in  the 
call  therefor;  and  of  all  special  meetings  due  no- 
tice shall  be  given  to  each  member  of  the  board. 
The  place  of  meeting  shall  be  designated  by  the 
chairman.  All  meetings  of  the  city  board  of  ex- 
amination shall  be  public,  and  the  record  of  their 
proceedings  shall  be  liept  in  the  office  of  the  city 
superintendent  of  schools.  [Amendment  approved 
March  23,  1893:  Stats.  1893,  p.  2G1.  In  effect  im- 
mediately.] 

§  1791.  Each  city  board  of  examination  has 
power, — 

First— To  adopt  rules  and  regulations,  not  incon- 
sistent with  the  laws  of  this  State,  for  its  own 
government  and  for  the  examination  of  teachers. 

Second— To  examine  applicants,  and  to  prescribe 
a  standard  of  proficiency  which  will  entitle  the 
person  examined  to  receive:  1.  A  higli  school  cer- 
tificate, valid  for  six  years,  and  authorizing  the 
holder   to    teach   any  primary,  grammar,  or    high 


367  City  Boards  of  Examiuatiou.        §  1792 

school  in  such  city;  2.  A  city  certificate,  gram- 
mar grade,  valid  for  six  years,  authorizing  the 
holder  to  teach  any  primary  or  grammar  school  in 
such  city;  3.  A  city  certificate,  primary  grade,  val- 
id for  two  years,  authorizing  the  liolder  to  teach 
any  primary  school  in  such  city.  They  shall  re- 
port the  result  of  the  examination  to  the  city 
board  of  education;  and  said  board  of  education 
shall  thereupon  issue  to  the  sxiccessful  candidates 
the  certificates  to  which  they  shall  be  entitled. 

Third — To  recommend  applicants  for  special  cer- 
tificates, valid  for  a  period  not  to  exceed  six  years, 
upon  such  si^ecial  studies  as  may  be  authorized 
by  the  city  board  of  education  of  such  city. 

Fourth — For  immoral  or  unprofessional  conduct, 
profanity,  intemperance,  or  evident  unfitness  for 
teaching,  to  recommend  to  the  city  board  of  edu- 
cation the  revocation  of  any  certificates  previous- 
ly granted  by  said  board  of  education  in  such  city, 
or  city  and  county.  [Amendment  approved  March 
23,  1893;  Stats.  1893,  p.  262.  In  effect  immedi- 
ately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  163. 

§  1792.  City  or  city  and  county  boards  of  ex- 
amination may  also  recommend  the  granting  of 
citj^  certificates,  and  the  renewal  thereof,  in  the 
manner  provided  for  the  granting  and  renewal  of 
county  certificates  by  the  county  board  of  educa- 
tion in  section  one  thousand  seven  hundred  and 
seventy-five  of  this  Code.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  262.  In  effect  im- 
mediately.] 

The  original  section  was  also  amended  March 
20,  1891  (Stats.  1891,  p.  164),  as  follows: 

The  city  board  of  examination  may  also,  with- 
out examination,  grant  city  certificates,  and  fix 
the  grade  thereof,  to  the  holders  of  California  life 
diplomas,  California,  Nevada,  and  Oregon  educa- 
tional diplomas,  California  State  normal  school 
diplomas,  California  State  University  diplomas 
when  recommended  by  the  faculty  of  the  univer- 
sity, San  Francisco  normal  class  diplomas  when 
recommended  by  the  superintendent  of  public 
schools,  certificates  granted  in  other  cities,  coun- 
ties, and  cities  and  counties  of  California,  and 
the  life  diplomas  and  the  State  normal  school  di- 
plomas of  other  Slates;  and  may  also,  witliout  ex- 


§§  1793-1817      County  School  Tax.  368 

amination,  renew,  and  for  immoral  or  unprofes- 
sional conduct,  profanity,  intemperance,  or  evi- 
dent unfitness  for  teaching  revolve,  any  certificates 
previously  granted  by  them  in  such  city,  or  city 
and  county. 

§  1793.  The  holders  of  city  certificates  are  elig- 
ible to  teach,  in  the  cities  in  which  such  certifi- 
cates were  granted,  in  schools  of  grades  corre- 
sponding to  the  grades  of  such  certificates,  and 
when  elected  shall  be  dismissed  only  for  insubor- 
dination or  other  causes,  as  mentioned  in  section 
seventeen  hundred  and  ninety-one  of  this  act.  duly 
ascertained  and  approved  by  the  board  of  educa- 
tion of  said  cities;  and  city  superintendents  of 
public  schools  elected  by  city  boards  of  education 
shall  be  elected  for  a  term  of  four  years;  and  said 
city  boards  of  education  shall  have  full  power  to 
fix  the  salary  of  all  employees.  The  holders  of 
special  city  certificates  are  eligible  to  teach  the 
special  studies  mentioned  in  their  certificates  in 
all  the  schools  in  the  city  in  which  such  certifi- 
cates were  granted.  [Amendment  approved  March 
23,  1893;  Stats.  1893,  p.  262.  In  effect  immedi- 
ately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  164. 

§  1794.  The  members  of  the  city  board  of  ex- 
amination shall  receive  such  compensation  as  may 
be  allowed  them  by  the  city  board  of  education, 
payable  out  of  the  city  school  fund.  [In  effect 
March  4,  1881.] 


ARTICLE  XVIII. 

COUNTY    SCHOOL    TAX. 

§  1817.    Estimate  of   County   School   Fund. 
§  1818.     Levy  of  County  tax. 

§  1819.    Duty  of  Auditor  if  Supervisors  fail   to  make   lew. 
§  1820.    Proceeds  of  tax  to  be  paid  into  the  County  School 
Fund. 

§  1817.  The  county  superintendent  of  each 
county  having  a  population  of  less  than  two  hun- 
dred thousand  inhabit^ints  must,  on  or  before  the 
first  regular  meeting  of  the  board  of  supervisors 


3G9  County  School  Tax.      §§  1818,  1819 

in  September  in  each  year,  furuisli  the  supervisors 
and  the  auditox*,  respectively,  an  estimate,  in  writ- 
ing, of  the  minimum  amount  of  county  school 
fund  needed  for  the  ensuing  year.  This  amount  he 
must  compute  as  follows: 

First — He  must  ascertain,  in  the  manner  provid- 
ed for  in  subdivisions  one  and  two  of  section  eight- 
een lauudred  and  fifty-eight,  the  total  number  of 
teachers  for  the  county. 

Second — He  must  calculate  the  amount  required 
to  be  raised,  at  five  liundred  dollars  per  teacher. 
From  this  amount  he  must  deduct  the  total 
amount  of  state  apportionments,  and  the  I'emain- 
der  shall  be  the  minimum  amount  of  county  school 
fund  needed  for  the  ensuing  year;  provided,  that 
if  this  amount  is  less  than  sufficient  to  raise  a 
sum  equal  to  six  dollars  for  each  census  child  in 
the  county,  then  the  minimum  amount  shall  be 
such  a  sum  as  will  be  equal  to  six  dollars  for  each 
census  child  in  the  county.  [Amendment  approv- 
ed March  23,  1893;  Stats.  1893,  p.  2G3.  In  effect 
immediately.] 

§  1818.  The  board  of  supervisors  of  each  coun- 
ty having  less  than  one  hundred  thousand  inhabi- 
tants must,  annually,  at  the  time  of  levying  other 
county  taxes,  levy  a  tax  to  be  Ijnown  as  the  coun- 
ty school  tax.  the  maximum  rate  of  which  must 
not  exceed  fifty  cents  on  each  one  hundred  dollars 
of  taxable  property  in  the  county,  nor  the  mini- 
mum rate  be  less  than  sufficient  to  raise  a  mini- 
mum amount  reported  by  the  county  superintend- 
ent, in  accordance  with  the  provisions  of  the  pre- 
ceding section.  The  supervisors  must  determine 
the  minimum  rate  of  the  county  school  tax  as  fol- 
lows: They  must  deduct  fifteen  per  cent  from  the 
equalized  value  of  the  last  general  assessment  roll, 
and  the  amount  required  to  be  raised,  divided  by 
the  remainder  of  the  assessment  roll,  is  the  rate 
to  be  levied;  but  if  any  fraction  of  a  cent  occur, 
it  must  be  talven  as  a  full  cent  on  each  one  hun- 
dred dollars.  [Amendment  approved  April  7,  1880; 
Amendments  1880,  p.  43.    In  effect  April  7,  1880.] 

Act  providing  for  levy  and  collection  of  taxes  by 
and  for  school  districts:  See  General  Laws,  title 
"Schools." 

§  1819.  If  the  supervisors  fail  to  levy  the  tax 
as  herein  provided,  then  the  auditor  must,  and  add 
it  to  the  assessment  roll. 


§§  1820-1832      District  School  Tax.  370 

§  1820.  All  moneys  derived  from  this  tax  in 
each  county  must  be  paid  into  the  treasury  thereof 
to  the  credit  of  the  school  fund. 


ARTICLE  XIX. 

DISTRICT    SCHOOL    TAX. 

§  1830.  Elections  to  determine. 

§  1831.  Notice    of    election. 

§  1832.  Same. 

§  1833.  Judges   of,    how  appointed. 

§  1834.  Ballots,    what   to   contain. 

§  1835.  Returns. 

§  1836.  Trustees  must  report  to  Board  of  Supervisors. 

§  1837.  Supervisors    to    levy    tax. 

§  1838.  Tax,    how    levied.     (Repealed.) 

§  1839.  Maximum   rate   of. 

§  1840  to    1852.     (Repealed.) 

§  1830.  The  board  of  school  trustees  of  any 
district  may,  prior  to  the  fifteenth  day  of  August 
in  any  year,  when,  in  their  judgment,  it  is  advisa- 
ble, call  an  election,  and  submit  to  the  electoi-s  of 
the  district  the  question  Avhether  a  tax  sliall  be 
raised  to  furnish  additional  school  facilities  for 
the  district,  or  to  maintain  any  school  in  such  dis- 
trict, or  for  buildiuii-  one  or  more  school-liouses, 
or  for  any  two  or  all  of  these  purposes:  provided, 
that  where  a  tax  has  been  collected  for  the  pur- 
pose of  building  a  school-house,  and  the  erection 
of  said  school-house  shall  not  have  been  com- 
menced within  two  years  from  the  time  said  tax 
was  collected,  the  custodian  of  said  money  shall 
return  the  same  to  the  parties  from  whom  said 
tax  was  collected.  [Amendment  approved  March 
23.  1893;  Stats.  1893,  p.  263.  In  effect  immedi- 
ately.] 

Act  authorizing  .issuance  of  bonds  for  school  pur- 
poses:   See  General  Laws,  title  "Schools." 

§  1831.  Such  election  must  be  called  by  posting 
notices  in  three  of  the  most  public  places  in  the 
district,  for  twenty  days:  and.  also,  if  there  is  a 
newspaper  in  tlie  county,  by  advertisement  there- 
in once  a  weeli  for  three  weeks. 

§   1832.    Such  notices  must  specify  the  time  and 
place  of  holding  the  election,  the  amoimt  of  mon- 
ey proposed  to  be     raised,  and  the     purpose  for 
Avhich  it  is  intended  to  be  used. 


371  District  School  Tax.      §§   1833-1837 

§  1833.  The  election  shall  be  conducted  in  con- 
formity to  the  provisions  of  sections  one  thousand 
five  hundred  and  ninety-six,  one  thousand  five 
hundred  and  ninety-seven,  one  thousand  live 
hundred  and  ninety-eight,  one  thousand  five  hun- 
dred and  ninety-nine,  one  thousand  six  hundred, 
and  one  thousand  six  hundred  and  one  of  the  Po- 
litical Code;  provided,  that  no  particular  form  of 
ballot  shall  be  required,  nor  shall  any  informali- 
ties in  conducting  such  election  invalidate  the 
same,  if  the  election  shall  have  been  otherwise 
fairly  conducted.  [Amendment  approved  March 
23,  1893;  Stats.  1893,  p.  263.  In  effect  immediate- 
ly.] 

§  1834.  At  such  elections  the  ballots  must  con- 
tain tlie  words  "Tax — Yes";  or,  "Tax — No." 
[Amendment  approved  April  7,  1880;  Amendments 
1880,  p.  14.    In  effect  April  7,  1880.] 

§  1835.  If  a  majority  of  the  votes  cast  upon 
the  question  of  the  tax  levy  are  "Tax — Yes,"  the 
officers  of  the  election  must  certify  the  fact  to 
the  board  of  school  trustees.  [Amendment  ap- 
proved March  23,  1893;  Stats.  1893,  p.  264.  In  ef- 
fect immediately.]  

§  1836.  The  board  of  school  trustees,  upon  re- 
ceipt of  a  certificate  of  such  fact,  must  report  the 
same  to  the  board  of  supei'visors,  stating  the 
amount  of  money  to  be  raised.  [Amendment  ap- 
proved March  23.  1893;  Stats.  1893,  p.  264.  In  ef- 
fect immediately.] 

§  1837.  The  board  of  supervisors  must,  at  the 
time  of  levying  the  county  taxes,  levy  a  tax  upon 
all  the  taxable  property  in  the  district  voting  such 
tax,  sutficient  to  raise  the  amount  voted.  The  rate 
of  taxation  shall  be  ascertained  by  deducting  fif- 
teen per  cent  for  anticipated  delinquencies  from 
the  aggregate  assessed  value  of  the  property  in 
the  district,  as  it  appears  on  the  assessment  roll 
of  tlie  county,  and  then  dividing  .the  sum  voted 
b.v  the  remainder  of  such  aggregate  assessed  val- 
ue. The  taxes  so  levied  shall  be  computed  and 
entered  on  the  assessment  roll  by  the  county  au- 
ditor, and  collected  at  the  same  time  and  in  the 
same  manner  as  State  and  county  taxes;  and  when 


§§  1838-1858  School  Fuuds  and  Taxes.  372 

collected  shall  be  paid  into  the  county  treasury  for 
the  use  of  the  district  in  which  the  tax  was  voted. 
[Amendment  approved  April  7,  1880;  Amendments 
1880,  p.  44.    In  effect  April  7,  1880.] 

§  1838.  Repealed.  [Repealed  April  7.  18S0: 
Amendments  1880,  p.  48.    In  effect  April  7,  1880.] 

§  1839.  The  maximum  rate  of  tax  levied  by  a 
district  tax  in  any  one  year  for  building  purposes 
must  not  exceed  seventy  cents  on  each  one  hun- 
dred dollars,  and  the  maximum  rate  levied  for 
other  school  purposes  must  not  exceed  thirty  cents 
on  each  one  hundred  dollars  in  any  one  year. 

§§  1840  to  1852.  inclusive,  repealed.  [Repealel 
April  7.  1880;  Amendments  1880,  p.  48.  In  effect 
April  7,  1880.] 


ARTICLE  XX. 

GENERAL  PROVISIONS  RELATIVE  TO  SCHOOL 
FUNDS  AND  TAXES. 

§  1857.  No  compensation  allowed  to  certain  officers. 

§  1858.  Apportionment   of   State   and   County   School    Fund. 

§  1859.  Same. 

§  1860.  Same. 

§  1861.  "What  State  School   Fund  may  be  used  for. 

§  1857.  No  assessor,  tax  collector,  city,  city  and 
county,  or  county  treasurer  must  char.se  or  re- 
ceive any  fees  or  compensation  whatever  for  as- 
sessing, collecting,  receiving,  lieeping.  or  disburs- 
ing any  school  moneys,  but  the  wliole  moneys  col- 
lected must  be  paid  "to  the  city,  city  and  county, 
or  county  treasurer;  provided,  that  "said  assessor, 
or  tax  collector,  for  services  rendered  in  the  col- 
lection of  jioll  taxes,  shall  receive  the  sum  of  fif- 
teen per  cent  of  the  collections.  [Amendment  ap- 
proved :March  28.  1893;  Stats.  1893,  p.  264.  In  ef- 
fect immediately.] 

§  1858.  All  State  school  moneys  apportionerl 
by  the  superintendent  of  pulMic  instruction  must 
be  apportioned  iQ  the  several  counties  in  propor- 
tion to  the  number  of  school  census  children  as 
shown  by  the  returns  of  the  school  census  mar- 
shals of  the  preceding  school  year;  provided,  that 


373  School  Poinds  and  Taxes.  §  1858 

Indian  children  whose  parents  are  on  government 
reservations,  or  are  living  in  the  tribal  relation, 
and  Mongolian  children  not  native  born,  shall  not 
be  included  in  the  apportionment  list.  The  school 
superintendent  in  each  county  must  apportion  all 
State  and  county  school  moneys  as  follows: 

First— He  must  ascertain  the  number  of  teach- 
ers each  district  is  entitled  to,  by  calculating  one 
teacher  for  every  seventy  school  census  children, 
or  fraction  thereof  not  less  than  twenty  school 
census  children,  as  shown  by  the  next  preceding 
school  census;  provided,  that  all  children  in  any 
asylum,  and  not  attending  the  public  schools,  of 
whom  the  authorities  of  said  asylum  are  the 
guardians,  shall  not  be  included  in  making  the  es- 
timate of  the  number  of  teachers  to  which  the 
district  in  which  the  asylum,  is  located  is  entitled. 

Second— He  must  ascertain  the  total  number  of 
teacliers  for  the  county,  by  adding  together  the 
number  of  teachers  assigned  to  the  several  dis- 
tricts. 

Third— Five  hundred  dollars  shall  be  apportioned 
to  each  district  for  every  teacher  assigned  to  it; 
provided,  that  to  districts  having  ten  and  less  than 
twenty  school  census  children,  shall  be  apportion- 
ed four  hundred  dollars;  provided  further,  that  to 
districts  having  over  seventy  school  census  chil- 
dren and  a  fraction  of  less  than  twenty,  there 
shall  be  apportioned  twenty  dollars  for  each  cen- 
sus child  in  said  fraction. 

Fourtli— All  school  money  remaining  on  hand 
after  apportioning  to  the  districts  the  moneys  pi'o- 
vided  for  in  subdivision  three  of  this  section  must 
be  apportioned  to  the  several  districts  in  propor- 
tion to  the  average  daily  attendance  in  each  dis- 
trict during  the  preceding  school  year.  Census 
children,  wherever  mentioned  in  this  chapter, 
shall  be  construed  to  mean  those  between  the  ages 
of  five  and  seventeen  years. 

Fiftli— Whenever,  in  any  school  year,  prior  to 
the  receipt  by  the  counties,  cities,  or  cities  and 
counties,  of  this  State,  of  their  State,  county,  or 
city  school  fund,  the  school  districts  or  cities  shall 
not  have  sufficient  money  to  their  credit  to  pay 
the  lawful  demands  against  them,  the  county,  city, 
or  city  and  county  superintendent  shall  give  the 
treasurer  of  said  county,  city,  or  city  and  coun- 
ty an  estimate  of  the  amount  of  school  money 
tliat  will  next  be  paid  into  the  county,  city,  or 
Pol.  Code— 32. 


§§  1859-18U1  School  Fuuds  ami  Taxes.  374 

city  and  county  treasury,  stating"  the  amount  to 
be  apportioned  to  each  district.  Upon  the  receipt 
of  such  estimate,  it  shall  be  the  duty  of  the  treas- 
urer of  said  county,  city,  or  city  and  county  to 
transfer  from  any  fund  not  immediately  needed 
to  pay  claims  asiaiust  it,  to  the  proper  school  fund, 
an  amount  not  to  exceed  ninety  per  cent  of  the 
amount  estimated  by  the  superintendent,  and  he 
shall  immediately  notify  the  superintendent  of  the 
amount  so  transferred.  The  funds  so  ti'ansferred 
to  the  school  fund  shall  be  retransferred  by  the 
treasurer  to  the  fund  from  which  they  were  taken, 
from  the  first  money  paid  into  the  school  fund  af- 
ter the  transfer.  [Amendment  approved  March 
23,  1893:  Stats.  1893,  p.  264.  In  effect  immedi- 
ately.] 

§  1859.  No  school  district,  except  one  newly 
formed,  is  entitled  to  receive  any  apportionment 
of  State  or  county  school  moneys  which  has  not 
maintained  a  public  scliool  for  at  least  six  mouths 
during  the  next  preceding  school  j'ear.  A  district 
which  is  prevented  by  fire,  flood,  or  prevailing 
epidemic  from  maintaining  a  school  for  the  length 
of  time  designated  in  this  section,  is  nevertheless 
entitled  to  its  apportionment  of  State  and  county 
school  monej's.     [Approved  March  15.  1889.] 

§  1860.  No  school  district  is  entitled  to  receive 
any  apportionment  of  State  or  county  school  mon- 
eys unless  the  teachers  employed  in  the  schools 
of  such  district  hold  legal  certificates  of  fitness  for 
teaching,  in  full  force  and  effect. 

§  1861.  The  State  school  fund  must  be  used  for 
no  other  purpose  than  tJie  payment  of  the  sala- 
ries of  teachers  of  primary  and  grammar  schools. 
[Amendment  approved  March"  23,  1893:  Stats. 
1893.  p.  2(j5.    In  effect  immediately.] 

Primary  and  grammar  schools — school  revenues 
to  be  applied  exclusivelv  to  the  support  of:  Const. 
Cal.  1879.  art.  9.  sec.  G. 


375  Miscellaneoiis   Provisions.  §§  18G7-1869 

ARTICLE  XXI. 

MISCELLANEOUS   PROVISIONS   RELATING  TO   PUBLIC 
SCHOOLS. 

§  1867.  Insulting  teachers. 

§  1868.  Disturbing  scbools. 

§  1869.  Issuing    irregular    certificates. 

§  1870.  Officers  acting  as  agents. 

§  1871.  Certificates  issued  only  to  persons  of  good  moral 
character. 

§  1872.  Appeals  from  orders  revoking  certificates.  (Re- 
pealed.) 

§  1873.  School   officers   may  administer  oaths. 

§  1874.  Rules  governing  adoption   of  text-books. 

§  1875.  Penalties  for  neglect  to  use  books  adopted. 

§  1876.  Certain  persons  not  to  be  interested  in  contracts. 

§  1877.  Printing  and  binding,   by  whom  to  be   done. 

§  1878.  School    year,    commencement    and    end. 

§  1879.  Bribing  members  a  felony.  Testimony  and  inves- 
tigation. 

§  1880.  Election  for  issuance  of  school  bonds. 

§  1881.  Notice  of  election,  how  given. 

§  1882.  What    notice    .shall    contain. 

§  1883.  Time   and   manner   of  election. 

§  1884.  Issuance    of   bonds,    when    directed. 

§  1885.  Form   of   bonds,    when    payable. 

§  1886.  Interest— sale   of  bonds. 

§  1887.  Tax  for  interest  and  redemption  of  bonds. 

§  1888.  Failure  to  levy  tax,   how  remedied. 

g  1889.  Canceling  unsold  bonds. 

§  1867.  Any  parent,  guardian,  or  other  person, 
who  shall  insult  or  abuse  any  teacher,  in  the  pres- 
ence of  the  school,  shall  be  guilty  of  a  misdemean- 
or, and  be  liable  to  a  fine  of  not  less  than  ten,  nor 
exceeding  one  hundred  dollars.  [New  section  ap- 
proved March  28,  1874;  Amendments  1873-4,  p. 
100.    In  effect  March  28,  1874.] 

Corresponding  provision— Penal  Code,  sec.  654. 

§  1868.  Any  person  who  shall  willfully  disturb 
any  public  school,  or  any  public  school  meeting, 
shall  be  guilty  of  a  misdemeanor  and  be  liable  to 
a  fine  of  not  less  than  ten,  nor  more  than  one  hun- 
dred dollars.  [New  section  approved  March  28, 
1874;  Amendments  1873-4,  p.  110.  In  effect  Marcli 
28,  1874.] 


superintendent,  or 


ite.  county,  or  city  and  county 
any  ^tate,  county,  or  city  and 


§§  1S70-1874  Misc-ellaueous  Provisions.  376 

county  board  of  education,  who  shall  issue  a  cer- 
tificate or  diploma,  except  as  provided  for  in  this 
title,  shall  be  guilty  of  a  misdemeanor.  [Approv- 
ed March  15,  1889.] 

§  1870.  No  officer  named  in  this  title,  or  teach- 
er in  any  public  school  held  under  the  provisions 
of  this  title,  must  act  as  agent  for  any  author, 
publisher,  bookseller  or  other  person,  to  "introduce 
any  booli,  apparatus,  furniture,  or  any  other  arti- 
cle whatever,  in  the  common  schools  of  this  State, 
or  any  one  or  more  of  them,  or  directly  or  indirect- 
ly contract  for,  or  receive  any  gift  or  reward  for 
so  introducing  or  recommending  the  same;  and 
any  officer  so  acting  or  receiving,  must  be  deemed 
guilty  of  a  misdemeanor,  and,  on  conviction,  be 
punished  by  tine  or  imprisonment,  and  be  removed 
from  office.  [New  section  approved  March  13, 
1874;  Amendments  1873-4,  p.  85.  In  effect  March 
13,  1874.] 

§  1871.  Certificates  shall  be  issued  to  such  per- 
sons only  as  shall  have  given  evidence  of  a  good 
moral  character.  [Amendment  approved  April 
7,  1880;  Amendments  1880,  p.  46.  In  efiCect  April 
7.  1880.] 

§  1872.  [Repealed  April  7,  1880;  Amendments 
1880,  p.  48.    In  effect  April  7,  1880.] 

§  1873.  Every  officer,  including  secretaries  and 
assistant  secretaries  of  boards  of  education,  charg- 
ed with  the  performance  of  duties  under  the  pro- 
visions of  this  cliapter,  may  administer  and  certi- 
fy oaths  relating  to  officers  or  official  matters  con- 
cerning public  schools.  [Approved  March  15, 
1889.] 

§  1874.  In  the  adoption  of  text-boolis,  all  coun- 
ty, city,  and  city  and  county  boards  of  education 
shall  be  governed  by  the  following  rules: 

First— Any  books  hereafter  adopted  as  a  part  of 
a  uniform  series  of  text-books  must  be  continued 
in  use  for  not  less  than  four  years. 

Second— No  change  of  text-books  must  be  made 
at  any  other  time  than  in  the  months  of  May  or 
June  of  the  year  in  which  the  change  is  made,  and 
no  changes  shall  be  made  to  take  effect  till  the  be- 
ginning of  the  school  term  commencing  after  the 


377  Miscellaneous  Provisions.  §  1874 

thirtieth  day  of  June  of  that  year;  and  no  boolis 
other  than  those  published  by  the  State  shall  be 
adopted  by  the  board  of  education  of  any  county, 
city,  city  and  county,  or  be  used  as  text-boolis  in 
any  of  the  public  schools  of  this  State  in  the  sub- 
jects of  reading,  orthogi-aphy,  English  grammar, 
arithmetic,  geography.  United  States  history, 
physiology,  and  civil  government. 

Third— At  least  sixty  days'  notice  of  any  pro- 
posed change  in  text-books  must  be  given  by  pub- 
lication in  a  newspaper  of  general  circulation,  pub- 
lished in  the  county,  if  there  be  one,  in  which 
such  change  is  to  be  made.  If  thei*e  be  no  news- 
paper published  in  the  county,  then  such  publica- 
tion shall  be  made  in  any  newspaper  having  a  gen- 
eral circulation  in  the  county.  A  copy  of  the 
newspaper  containing  such  publication,  with  such 
notice  marlced,  must,  immediately  after  the  first 
publication  thereof,  be  by  the  secretary  of  the 
.board  transmitted  to  the  State  board  of  education, 
and  the  same,  when  received,  must  be  filed  by  the 
secretary  of  said  State  board.  Said  notice  shall 
State  what  text-booliS  it  is  proposed  to  change; 
that  sealed  bids  or  proposals  will  be  received  by 
the  board  for  furnishing  boolis  to  replace  them; 
the  place  where  and  the  day  and  hour  when  all 
bids  or  proposals  will  be  opened,  and  that  the 
board  reserves  the  right  to  reject  any  and  all  bids 
or  proposals.  Said  notice  shall  be  published  in 
such  newspaper  as  often  as  the  same  shall  be  is- 
sued after  the  first  publication  thereof. 

Fourth— At  the  time  and  place  specifie^d  in  said 
notice,  the  board  shall  meet  and  publicly  open  and 
read  all  of  the  bids  or  proposals  which  have  been 
received  by  them,  and  shall  malie  their  awai-ds 
thereon  within  ten  days  thei'eafter. 

Fifth — Said  bids  or  proposals  must  be  accom- 
panied by  sample  copies  of  the  boolis  proposed  to 
be  furnished,  together  with  a  statement  of  the 
wholesale  and  retail  price  at  which  the  publisher 
agrees  to  furnish  each  boolv  within  the  county,  or 
at  San  Francisco,  during  the  full  time  for  which 
said  books  are  to  be  adopted. 

Sixth — If  no  satisfactory  bids  or  proposals  are 
received,  then  the  books  already  in  use  may  con- 
tinue in  use  until  changed,  as  herein  provided. 

Seventh— The  publisher  or  publishers  whose 
proposals  shall  be  accepted  must  enter  into  a 
written  contract  with  the  board  of  education  mali- 


§§  1875-1877  Miscellaneous  Provisions.  37S 

ing  the  award,  and  shall  give  a  good  and  suffi- 
cient bond,  in  a  reasonable  sum,  to  be  fixed  by  the 
board  of  education,  for  the  faithful  performance 
thereof.  Publishers  of  books  already  in  use  may 
bid,  under  the  provisions  of  this  section,  as  well 
as  others,  and  such  bids,  if  satisfactory,  may  be 
accepted  by  the  board. 

Eighth— High  schools  shall  be  exempt  from  the 
provisions  of  this  section. 

iVinth— Nothing  in  this  act  shall  conflict  with  any 
provision  of  law  relating  to  the  State  series  of 
text-boolis;  nor  shall  anything  be  construed  to 
permit  the  adoption  of  any  text-books  upon  any 
subject  covered  by  the  State  series  of  books. 
[Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  UtJ.j.     In  effect  immediately.] 

Subd.  1.  Four  years'  continuance  in  use — of 
text -books  adopted,  required  by  Const.  Cal.  1879, 
art.  9,  sec.  7. 

Eepealed  act— to  prevent  change  in  the  text- 
books in  use  in  the  public  schools:  Stats.  1876,  p." 
1;  repealed  by  Stats.  1880,  p.  204.  or  42. 

See  statutes  for  State  publication  of  text-books. 
In  General  Laws,  under  title  "Schools." 

§  1875.  If  any  city  or  district  refuse  or  neglect 
to  use  the  books  that  may  be  prescribed,  or  use 
any  other  text-books  in  any  of  the  prescribed  stu- 
dies, the  superintendent  of  public  instruction  must 
withhold  from  such  city,  town,  or  district,  twenty- 
five  per  cent  of  all  State  school  moneys  to  which 
It  may  be  entitled,  until  it  comply;  and  any  mon- 
eys so  withheld  must  be  apportioned  by  the  super- 
intendent at  the  next  annual  apportionment  in 
the  same  manner  as  other  school  moneys  in  the 
treasury. 

§  1876.  No  school  trustee,  or  member  of  any 
board  of  education,  must  be  interested  in  any  con- 
tract made  by  the  board  of  which  he  is  a  mem- 
ber; and  any  contract  made  in  violation  of  this 
provision  is  void. 

§  1877.  All  printing  or  binding  required  under 
this  chapter,  except  as  provided  in  subdivision 
eight  of  section  one  thousand  seven  liundred  and 
seventy-one.  must  be  executed  by  the  State  print- 
er, in  the  form  and  manner  anci  at  the  prices  of 
other  State  printing,  and  be  paid  for  in  lilce  man- 
ner. [Amendment  approved  March  23,  1893;  Stats. 
1893,  p.  2G(i.     In  effect  immediately.] 


379  Miscellaneous  Provisious.  §§  1S78-1SS1 

§  1878.  The  school  year  begins  on  the  first  day 
of  July,  and  ends  on  the  last  day  of  June. 

§  1879.  The  offering-  of  any  valuable  thing  to 
any  member  of  a  board  of  education,  or  board  of 
school  trustees,  with  the  intent  thereby  to  influ- 
ence his  action  in  regard  to  the  granting  of  any 
teacher's  certificate,  the  appointment  of  any  teach- 
er, superintendent,  or  other  officer  or  employee, 
the  adoption  of  any  text-boolv.  or  the  malving  of 
any  contract  to  which  the  board  of  education  of 
whicli  he  is  a  member  shall  be  a  party,  or  the  ac- 
ceptance by  any  member  of  a  board  of  education 
or  board  of  school  trustees  of  any  valuable  thing, 
with  corrupt  intent,  shall  be  a  misdemeanor,  pun- 
ishable as  by  law  provided.  Any  person  may  be 
compelled  to"  testify  in  any  lawful  investigation  or 
judicial  proceeding  against  any  person  who  may 
be  charged  with  any  offense  described  in  this  sec- 
tion. Any  contract  or  appointment  obtained  from 
a  boai'd  of  education  or  board  of  school  trustees 
by  corrupt  means  shall  be  void.  [Amendment  ap- 
proved .March  23,  1893;  Stats.  1893,  p.  2(JU.  In  ef- 
fect immediatels'.] 

§  1880.  The  board  of  trustees,  board  of  educa- 
tion, or  other  governing  body  of  any  school  dis- 
trict may,  when  in  their  judgment  it  is  advisa- 
ble, and  must  upon  a  petition  of  a  majority  of  the 
heads  of  families  residing  in  the  district,  call  an 
election  and  submit  to  the  electors  of  the  district 
whether  the  bonds  of  such  district  shall  be  issued 
and  sold  for  the  purpose  of  raising  money  for  pur- 
chasing school  lots,  for  building  or  purchasing 
one  or  more  school-houses,  lor  insuring  the  same, 
for  supplying  the  same  with  furniture  and  neces- 
.sary  apparatxis,  for  improving  the  grounds,  or  for 
any  or  all  of  said  purposes,  and  for  liquidating 
any  indebtedness  already  incurred  for  said  pur- 
poses. [Amendment  approved  March  27.  1895; 
Stats.  1895,  p.  245.    In  effect  March  27,  1895.] 

§  1881.  Such  election  must  be  called  by  posting 
notices,  signed  by  the  board,  in  three  of  the  most 
public  ]  daces  in  the  district,  for  not  less  than 
twenty  days  before  the  election;  and  if  there  is  a 
ne\<'si)aper  publislied  in  tlie  county,  by  publishing 
such  notice  therein  not  less  than  once'  a  week  for 
three  successive  weeks.  [New  section  approved 
March  7,  1881;  Stats.  1881,  p.  02.  In  effect  March 
7,  I  SSI.] 


§§  1882-1884  Miscellaneous  Provisions.  380 

This  and  the  subsequent  sections  of  this  article 
are  new,  and  were  added  by  the  act  of  March  7, 
1881,  above  referred  to,  going  into  elfect  imme- 
diately. 

§  1882.    Such  notice  must  contain,— 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  the  inspector  and  judges  to 
conduct  tlie  same. 

3.  The  hours  during  the  day  in  which  the  polls 
will  be  open. 

4.  The  amount  and  denomination  of  the  bonds, 
the  rate  of  interest,  and  the  number  of  years,  not 
exceeding  ten,  the  whole  or  any  part  of  said  bonds 
are  to  run.  [Amendment  approved  March  23, 
1893;  Stats.  1893,  p.  267.    In  effect  immediately.] 

§  1883.  Such  election  shall  be  conducted  in 
conformity  to  the  provisions  of  sections  one  thou- 
sand live  hundred  and  ninety-six,  one  thousand 
five  hundred  and  ninety-seven,  one  thousand  five 
hundred  and  ninety-eight,  one  thousand  five  hun- 
dred and  ninety-nine,  one  thousand  six  hundred, 
one  thousand  six  hundred  and  one,  and  one  thou- 
sand eight  hundred  and  thirty-four,  except  that 
the  words  to  appear  upon  the  ballots  shall  be 
"Bonds— Yes"  or  "Bonds— No."  [Amendment  ap- 
proved March  23,  1893;  Stats.  1893,  p.  267.  In  ef- 
fect immediately.] 

§  1884.  On  the  seventh  day  after  said  election, 
at  one  o'cloclc  P.  M..  the  returns  having  been 
made  to  the  board  of  trustees,  board  of  education, 
or  other  governing  body  of  such  school  district, 
the  board  must  meet  and  canvass  said  returns, 
and  if  it  appears  that  two-thirds  of  the  votes  cast 
at  said  election  was  in  favor  of  issuing  such 
bonds,  then  the  board  shall  cause  an  entry  of  that 
fact  to  be  made  upon  its  minutes,  and  shall  certi- 
fy to  the  board  of  supervisors  of  the  county  all 
the  proceedings  had  in  the  premises,  and  there- 
upon said  board  of  supervisors  shall  be  and  they 
are  hereby  authorized  and  directed  to  issue  the 
bonds  of  such  district,  to  the  number  and  amount 
provided  in  such  proceedings,  payable  out  of  the 
building  fund  of  such  district,  naming  the  same, 
and  that  the  money  shall  be  raised  by  taxation 
upon  the  taxable  property  in  said  district,  for  the 
redemption  of  said  bonds  and  the  payment  of  the 


381  Miscellaneous  Provisions.    §§  1885,  1886 

interest  thereon;  provided,  tliat  the  total  amount 
of  bonds  so  issued  shall  not  exceed  five  per  cent 
of  the  taxable  property  of  the  district,  as  shown 
by  the  last  equalized  assessment-book  of  the 
county.  [Amendment  approved  March  27,  1895; 
Stats.  1895,  p.  245.    In  effect  March  27,  1895.] 

§  1885.  The  board  of  supervisors,  by  an  order 
entered  upon  its  minutes,  shall  prescribe  the  form 
of  said  bonds,  and  of  the  interest  coupons  attached 
thereto,  and  must  fix  the  time  when  the  whole  or 
any  part  of  the  principal  of  said  bonds  shall  be 
payable,  which  shall  not  be  more  than  twenty 
years  from  the  date  thereof.  [Amendment  ap- 
proved March  31,  1897;  Amendments  1897,  ch. 
clxxxi.    In  effect  immediately.] 

§  1886.  Said  bonds  must  not  bear  a  greater 
amount  of  interest  than  eight  per  cent,  said  inter- 
est to  be  payable  annually  or  semi-annually,  and 
said  bonds  must  be  sold  in  tlie  manner  prescribed 
by  the  board  of  supervisors,  but  for  not  less  than 
par,  and  the  proceeds  of  the  sale  thereof  must  be 
deposited  in  the  county  treasury  to  the  credit  of 
the  building  fund  of  said  school  district,  and  be 
drawn  out  for  the  purposes  aforesaid  as  other 
school  moneys  are  drawn  out.  All  the  proceedings 
of  every  school  district  and  of  every  board  of 
trustees,  board  of  education,  board  of  supervisors, 
and  of  all  officers  of  school  districts  and  counties 
purporting  to  have  been  talven  under  or  by  author- 
ity of  sections  one  thousand  eight  liundred  and 
eighty  to  one  thousand  eight  hundred  and  eighty- 
eight,  inclusive,  of  the  Political  Code,  shall  be 
valid  in  the  same  mannei"  and  to  the  same  extent 
Jis  if  sections  one  thous.-nid  eight  liundred  and 
eighty  and  one  thousand  eight  hundred  and  eighty- 
four  of  said  Code,  at  the  time  when  such  proceed- 
ings were  taken,  in  express  language  empowered 
the  governing  body  of  all  school  districts,  by  what- 
ever name  such  governing  body  sliould  be  known, 
to  call  elections  for  the  purposes  set  forth  in  said 
section  one  thousand  eight  hundred  and  eighty, 
and  to  receive  and  canvass  returns,  to  cause  a 
minute  entry  of  the  result  of  elections,  and  to 
certify  proceedings  to  the  board  of  supervisors,  as 
I)rovided  by  sai<l  section  one  thousand  eight  hun- 
dred and  eighty-four.  And  all  bonds  of  school 
tlistricts  purporting  to  have  been     issued     under 


§§  1887, 1888  Miscellaneotis  Provisions.  382 

or  by  virtue  of  any  or  all  of  the  following  sections, 
to  wit:  sections  one  thousand  eight  hundred  and 
eighty,,  one  thousand  eight  hundred  and  eighty- 
one,  one  thousand  eight  hundred  and  eighty-two, 
one  thousand  eight  hundred  and  eighty-three,  one 
thousand  eight  hundred  and  eighty-four,  one  thou- 
sand eight  hundred  and  eighty-five,  one  thousand 
eight  hundred  and  eighty-six,  one  thousand  eight 
hundred  and  eighty-seven,  and  one  thousand  eight 
hundred  and  eiglity-eight.  of  the  Political  Code, 
shall  be  valid  in  the  same  manner  and  to  the 
same  extent  as  if  said  sections  used  the  words 
"board  of  education,  board  of  trustees,  or  other 
governing  body,"  in  place  of  the  words  "board  of 
trustees,"  whenever  the  words  "board  of  trus- 
tees" occur  in  said  sections.  [Amendment  ap- 
proved March  27,  1895;  Stats.  1895,  p.  245.  In  ef- 
fect March  27,  1895.] 

§  1887.  The  board  of  supervisors,  at  the  time  of 
malving  the  levy  of  taxes  for  county  purposes, 
must  levy  a  tax  for  that  year  upon  the  taxalde 
property  in  such  district,  for  the  interest  and  re- 
demption of  said  bonds,  and  such  tax  must  not 
be  less  than  sufficient  to  pay  the  interest  of  said 
bonds  for  that  year,  and  such  portion  of  the  prin- 
cipal as  is  to  become  due  during  sucli  year,  and  in 
any  event  must  be  high  enougli  to  raise,  annual- 
ly, for  the  first  half  of  tlie  term  said  bonds  have 
to  run,  a  sufilcient  sum  to  pay  the  interest  there- 
on; and  during  the  balance  of  the  term,  high 
enough  to  pay  such  annual  interest,  and  to  pay, 
annually,  a  proportion  of  the  principal  of  said 
bonds  equal  to  a  sum  produced  by  taking  the 
whole  amount  of  said  bonds  outstanding  and  di- 
viding it  by  the  number  of  years  said  bonds  then 
have  to  run;  and  all  moneys  so  levied,  when  col- 
lected, shall  be  paid  into  the  county  treasury  to 
the  credit  of  the  building  fund  of  such  district, 
and  be  used  for  the  payment  of  principal  and  in- 
terest on  said  bonds,  and  for  no  other  purpose. 
The  principal  and  interest  on  said  bonds  shall  be 
paid  by  the  county  treasurer,  upon  the  warrant  of 
the  auditor,  out  of  the  fund  provided  therefor;  and 
it  shall  be  tlie  duty  of  the  auditor  to  cancel  and 
file  Avith  the  treasurer  the  bonds  and  coupons  as 
rapidly  as  they  are  paid.  [In  effect  March  7,  1881.] 

§  1888.    If  the  board  of  supervisors  of  anycouu- 


SSy  Miscellaneous  Provisious.  §  1889 

ty  which  has  issued  bouds  under  the  provisions  of 
this  act,  shall  fail  to  malce  the  levy  necessary  to 
pay  such  bonds  or  interest  coupons  at  maturity, 
and  the  same  shall  have  been  presented  to  the 
county  treasurer,  and  the  payment  thereof  refus- 
ed, the  owner  may  file  the  bond,  together  with  all 
unpaid  coupons,  with  the  State  controller,  talving 
his  receipt  therefor,  and  the  same  shall  be  regis- 
tered in  the  State  controller's  ottice;  and  the  State 
board  of  equalization  shall,  at  tlieir  next  session, 
and  at  each  annual  ecjualization  tliereafter,  add 
to  the  State  tax  to  be  levied  in  said  district,  a  suf- 
ficient rate  to  realize  the  amount  of  principal  or 
interest  past  due  prior  to  the  next  levy,  and  the 
same  shall  be  levied  and  collected  as  a  part  of  the 
State  tax,  and  paid  into  the  State  treasury,  and 
passed  to  the  special  credit  of  sucli  district  bond 
tax,  and  shall  be  paid  by  warrants,  as  the  pay- 
ments mature,  to  the  holder  of  such  registered 
obligations  as  shown  by  the  register  in  the  office 
of  the  state  controller,  until  the  same  shall  be  ful- 
ly satisfied  and  discharged;  any  balance  then  re- 
maining being  passed  to  the  general  account  and 
credit  of  said  district.  [In  effect  March  7,  1881.] 
§  1889.  Whenever  any  bonds  issued  under  the 
provisions  of  this  title  shall  remain  unsold  for  the 
period  of  six  months  after  having  been  offered  for 
sale  in  the  manner  prescribed  by  the  board  of  su- 
pervisors, tlie  board  of  trustees,  or  board  of  edu- 
cation of  the  school  district  for  or  on  account  of 
whicli  such  bonds  ^'ere  issued,  or  of  any  school 
district  composed  wholly  or  partly  of  territory 
which,  at  the  time  of  holding  tlie  election  men- 
tioned in  section  eighteen  hundred  and  eighty- 
tlaree,  was  embraced  witliin  tlie  district  for  or  on 
account  of  wliich  sucli  l)onds  were  issued,  may  pe- 
tition the  board  of  supervisors  to  cause  such  un- 
sold bonds  to  be  withdrawn  from  market  and  can- 
celed. TTpon  receiving  sucli  petition,  signed  by  a 
majority  of  the  members  of  said  board  of  trus- 
tees or  board  of  education,  the  supervisors  shall 
fix  a  time  for  liearing  tlie  same,  which  sliall  not 
be  more  than  thirty  days  thereafter,  and  shall 
cause  a  notice,  stating  the  time  and  place  of  hear- 
ing, and  the  object  of  the  petition  in  general  terms, 
to  be  ])ul)lished  for  ten  days  prior  to  the  day  of 
hearing,  in  some  newspaper  published  in  said 
scliool  district,  if  there  is  one,  and  if  there  is  no 
newspaper  published  in  said  school  district,  then 


§  1895  Enrolled  Militia.  384 

in  a  newspaper  published  at  the  county  seat 
of  the  county  in  which  such  school  or  some  part 
thereof  is  situated.  At  the  time  and  place  desig- 
nated in  the  notice  for  hearing  said  petition,  or  at 
any  subsequent  time  to  which  said  hearing  may 
be  postponed,  the  supervisors  shall  hear  any  rea- 
sons that  may  be  submitted  for  or  against  the 
granting  of  the  petition,  and  if  they  shall  deem 
it  for  the  best  interests  of  the  school  district 
named  in  the  petition  that  such  unsold  bonds  be 
canceled,  they  shall  make  and  enter  an  order  in 
the  minutes  of  their  proceedings  that  said  unsold 
bonds  be  canceled;  and  thereupon  said  bonds,  and 
the  vote  by  which  they  were  authorized  to  be  is- 
sued, shall  cease  to  be  of  any  validity  whatever. 
[Approved  March  15,  1889.] 


TITLE    lY. 

STATE    MILITIA. 

Chapter  I.  Enrolled  Militia. 

•      IT.  National  Guard. 

IIT.  Calling  and  Drafting  the  Militia  into 

Actual  Service. 

IV.  Courts  Martial  and  of  Inquiry. 

Y.  Board  of  Military  Auditors. 

YI.  Adjutant  General. 


CHAPTER    I. 

ENROLLED    MILITIA. 

§  1895.    Who  are  subject  to  military  duty. 

§  1896.    Who  are  exempt  from   military  duty. 

§  1897.  Assessor  to  enroll  persons  subject  to  military  duty. 
Tax  Collector  to  make  enrollment  in  San  Fran- 
cisco. 

§  1898.    Penalty  for  dereliction  as  to  enrollment. 

§  1899.    Board  of  Equalization  to  correct  the  roll. 

§  1900.    Triplicate  forwarded  to  Brigadier  General. 

§  1901.    Compensation  of  Assessors. 

§  1902.-  Muster  roll   to  be  made  by  Brigadier  General. 

§  1895.    Every  able-bodied  male  citizen  of  this 
State,  except     Mongolians  and     Indians,  b<^*ween 


385  Enrolled  Militia.         §§  1896,1897 

the  ages  of  eighteen  and  forty-five  years,  not  ex- 
empt by  law,  Is  subject  to  military  duty.  But  no 
alien  is  obliged  to  serve  or  bear  arms  against  the 
State  to  which  his  allegiance  is  due.  [Amendment 
approved  April  1,  1897;  Amendments  1897,  Chap, 
cclxi;  in  effect  immediately. 

Militia,  Constitutional  provisions  as  to— in  State 
Constitution.  Article  devoted  to:  art.  8.  Banners 
or  flags  of  other  state  or  nation  not  to  be  carried: 
art.  8,  sec.  '2  (1879).  Commissions  of  officers. 
Governor  to  sign:  art.  5,  sec.  14;  art.  8,  sec.  1. 
Duty,  electors'  exemption  from  on  day  of  election: 
art.  2,  sec.  3.  Fine,  no  imprisonment  for,  in  time 
of  peace:  art.  1,  sec.  15.  Governor  is  commander- 
in-chief  of:  art.  5,  sec.  5;  to  remain  in  command: 
Const.  Cal.,  art.  5,  sec.  16;  when  empowered  to 
call  forth:  art.  8,  sec.  1;  to  sign  commissions:  See 
commissions.  Officers  not  disqualified  for  civil 
oflice:  art  4,  sec.  20;  election  or  appointment:  art. 
8,  sec.  1;  commissions  of:  See  that  head.  Organ- 
ization and  discipline.  Legislature  to  provide  for: 
art.  8,  sec.  1. 

Military — subordinate  to  civil  power:  See  Const. 
Cal.,  art.  1,  sec.  12;  same  for  interdiction  of  stand- 
ing army  and  quai'tering  of  soldiers. 

§  1896.  The  following  persons  are  exempt  from 
miltary  duty  and  enrollment: 

1.  Ministers  of  Religion. 

2.  Civil  and  military  officers  of  the  United 
States. 

3.  Officers  of  foi-eign  Governments. 

4.  Civil  officers  of  the  State  of  California. 

5.  All  persons  exempted  from  military  duty  by 
the  laws  of  the  United  States. 

See  Const.  Cal.,  art.  2,  sec.  3. 

§  1897.  The  county  assessor  of  each  county  in 
this  State  must,  at  tlie  same  time  in  each  year 
■  when  he  prepares  a  roll  containing  the  taxable 
inhabitants  of  his  district  or  county,  enroll  all  the 
inhabitants  thereof  subject  to  military  duty,  two 
copies  of  which  roll  must  be  sworn  to  by  him, 
and  delivered  to  the  clerk  of  the  board  of  super- 
visors at  the  same  time  he  delivers  the  assessment 
roll.  In  the  city  and  county  of  San  Francisco  the 
tax  collector  must  perform  the  duties  by  this  sec- 
tion imposed  upon  assessors.  [Amendment  ap- 
proved April  ],  1897:  Amendments  1897,  Chap, 
cclxi;  in  etfect  immediately.] 
Pol.  Code— 33. 


§§  1898-1902         Enrolled  Militia.  386 

§  1898.  If  any  assessor,  or  the  tax  collector  of 
the  city  and  county  of  San  Francisco,  neglects 
or  refuses  to  perform  any  of  the  duties  required 
of  him  by  this  chapter,  he  is  subject  to  the  same 
liabilities  as  are  provided  by  law  for  a  neglect  or 
refusal  to  perform  any  of  the  duties  required  of 
him  in  the  assessment  of  taxes,  and,  in  addition, 
forfeits  not  less  than  three  hundred,  nor  more 
than  one  thousand,  dollars,  to  be  sued  for  in  the 
name  of  the  people  of  the  State,  by  the  district 
attorney  of  the  respective  counties,  and  when  re- 
covered to  be  paid  into  the  military  fund  of  the 
State.  If  the  clerk  of  the  board  of  equalization 
neglects  or  refuses  to  deliver  to  the  brigadier- 
genei-al  of  the  brigade  to  which  his  county  belongs 
a  copy  of  the  military  assessment  roll,  as  directed 
in  this  chapter,  he  forfeits  not  less  than  three 
hundred,  nor  more  than  five  hundred,  dollars,  to 
be  .sued  for,  recovered,  and  disposed  of  "  in  the 
same  manner.  [Amendment  approved  April  1. 
1897;  Amendments  1897.  ch.  cclxi.  In  effect  im- 
mediately.] 

§  1899.  The  board  of  equalization  must  correct 
the  roll  at  the  same  time  and  in  the  same  manner 
ns  is  prescribed  by  law  for  the  correction  of  the 
assessment  roll. 

§  1900.  The  clerlv  of  the  board  of  supervisors 
must  deliver  to  the  brigadier-general  of  the  brig- 
ade to  which  liis  county  belongs  a  copy  of  such 
roll,  certified  by  him,  within  ten  days  after  the 
board  of  equalization  have  completed  their  cor- 
rections. [Amendment  appi'oved  April  1.  1897; 
Amendments  1897.  ch.  cclxi.  In  effect  immedi- 
ately.] 

§  1901.  Tlie  compensation  of  assessors  for 
mailing  out  the  military  roll  must  be  determined 
by  the  boards  of  supervisors  of  tlie  several  coun- 
ties, at  the  rate  of  five  dollars  for  each  one  hun- 
dred names  of  persons  returned  by  the  assessors 
as  subject  to  military  duty. 

§  1902.  Each  brigadier-general  must,  on  the 
first  ^londay  in  October  of  each  year,  make  from 
the  rolls  received  by  him  a  muster  roll,  showing 
the  number  of  persons  within  the  limits  of  his 
command  siibject  to  military  duty,  the  original  of 
which,  signed  by  him.  must  be  filed  in  his  oflBce, 
and  a  copy  thereof  transmitted  at  once  to  the  Ad- 
jutant-general. 


387  The  National  Guard. 

CHAPTER    II. 

THE   NATIONAL  GUARD. 

Article  I.  General  Provisions   Relating  to  National   Guard. 

II.  Companies. 

III.  Regiments   and   Battalions. 

IV.  Divisions    and    Brigades. 
V.  Parades  and  Drills. 

AKTICLE    I. 

GENERAL      PROVISIONS      RELATING     TO     THE     NA- 
TIONAL   GUARD. 

§  1912.  National   Guard,   of  what  it  consists. 

§  1913.  Board    of   Location   and   Organization. 

§  1914.  National    Guard    to   be   organized    into   regiments. 

§  1915.  What   officers    belong   to. 

§  1916.  Governor    Commander-in-Chief. 

§  1917.  Staff   of   Commander-in-Chief. 

§  1918.  Appointment  and  term  of  office  of  Generals. 

§  1919.  Restrictions  in  residence  of  staff  officers. 

§  1920.  Effect  of  line  officers  accepting  commission  on 
staff. 

§  1921.  Oath   of   officers   and   members. 

§  1922.  System  of  instruction. 

§  1923.  Uniform. 

§  1924.  Rank  of  officer. 

§  1925.  Officers  re-elected  not  to  be  recommissioned. 

S  1926.  Resignations,    how   made. 

§  1927.  Vacancies   in   elective   offices,    how   filled. 

§  1928.  Absence  or  removal,   when  deemed  resignation. 

§  1929.  Discharges,  when  and  by  whom  granted. 

§  1930.  Disobedience  of  orders,  unsoldierlike  conduct— pen- 
alty. 

§  1931.  Interrupting  officer  or  private  in  discharge  of  his 
duty— penalty. 

§  1932.  Expulsion  for  disgraceful  cause  bar  to  re-entry. 

§  1933.  Protection  of  parade  ground. 

§  1934.  By-laws. 

§  1935.  Pines. 

§  1936.  Exemptions   from   poll   tax,    etc. 

§  1937.  List  of  persons  so  exempt  to  be  given  to  Assessor. 

§  1938.  Commander-in-Chief  may  disband  any  portion  of 
National   Guard. 

§  1939.  Rules  and  regulations  of  United  States  army— how 
far  applicable  generally 

§  1940.  No  fees  allowed  to  officers  for  administering  oaths. 


§§  1912-1915     The  National  Guard,  388 

§  1941.  Powers    of   Commander-in-Chief. 

§  1942.  What   colors    to    carry. 

§  1943.  Pension 

§  1944.  Forfeiture    of   claims. 

§  1945.  Service  medals. 

§  1946.  Decorations. 

§  1912.  The  organized  uniformed  militia  of  the 
State  of  California  are  linown  as  the  National 
Guard  of  California.  This  force  shall  not  exceed 
sixty-five  companies,  of  which  fifty-six  companies 
shall  be  cavalry,  artillery,  or  infantry,  as  the  board 
of  location  may  direct,  and  five  divisions  of  the 
naval  battalion,  and  the  other  four  companies 
shall  be  distributed  to  such  arms  of  the  service 
as  the  board  of  location  may  direct.  The  National 
Guard  must  be  located  throughout  the  State  with 
reference  to  the  military  wants  thereof,  means  of 
concentration,  and  other  military  requirements. 
The  word  "division,"  as  used  in  this  section  in 
connection  with  the  naval  battalion,  shall  have 
the  same  meaning  and  effect  as  "company"  when 
used  in  connection  with  the  infantry.  [Amend- 
ment approved  April  1,  1897:  Amendments  1897, 
ch.  cclxi.     In  effect  immediately.] 

Act  to  establish  naval  battalion:  See  post.  Ap- 
pendix, p.  1047. 

§  1913.  The  commander-in-chief,  major-gen- 
eral, and  adjutant-general  constitute  a  board  of 
location  and  organization  of  the  National  Guard, 
with  power  to  transfer,  attach,  consolidate,  or  dis- 
band companies,  and  to  reorganize  at  pleasure  reg- 
iments and  battalions.  [Amendment  approved 
April  1,  1S97:  Amendments  1897,  ch.  cclxi.  In 
effect  immediately.] 

§  1914.  All  companies  of  the  National  Guard 
must,  as  far  as  practicable,  be  organized  into  regi- 
ments, battalions,  nnd  batteries. 

§  1915.  All  commissioned  officers  of  the  staff 
of  the  commander-in-chief,  the  adjutant-general, 
and  the  officers  of  his  staff,  the  major-general  and 
brigadiei'-generals.  and  all  officers  of  their  respect- 
ive staffs,  belong  to  the  National  Guard,  and  are 
at  all  times  subject  to  be  called  into  active  service 
by  the  commander-in-chief;  and  when  called  into 
active  service,  each  officer  must  be  called  and 
mu.stered  according  to  his  commission. 


389  The  National  Guard.      §§1910-1921 

§  1916.  The  Governor  is  commander-in-chief  of 
the  National  Guard. 

Governor  is  commander-in-chief:  Const.  Cal., 
art.  5,  sec.  5. 

§  1917.  His  staff  consists  of  one  adjutant-gen- 
eral, with  the  rank  of  brigadier-general,  one  chief 
engineer,  one  paymaster-general,  one  judge-advo- 
cate-general,  one  inspector-general  of  rifle  prac- 
tice, one  surgeon-general,  with  the  rank  of  colonel, 
and  sixteen  aides-de-camp,  with  the  ranlv  of  lieu- 
tenant-colonel, appointed  by  and  holding  office  at 
the  pleasure  of  the  commander-in-chief,  or  until 
their  successors  are  appointed  and  qualified. 
[Amendment  approved  March  17,  1891;  Stats. 
1891,  p.  122.] 

§  1918.  The  commander-in-chief,  by  and  with 
the  advice  and  consent  of  the  Senate,  must  ap- 
point one  major-general,  and  for  each  brigade  of 
the  National  Guard  of  California  one  brigadier- 
general,  who  must  be  citizens  of  the  United  States 
and  of  the  State,  and  have  served  at  least  four 
years  as  officers  in  the  National  Guard  of  Califor- 
nia, two  years  of  which  service  shall  have  been  as 
a  field  officer;  and  the  brigadier-generals  must  be 
residents  of  the  localities  within  the  bi'igades  for 
which  they  are  appointed.  They  take  rank  ac- 
cording to  the  date  assigned  them  in  their  commis- 
sions, which  date  shall  be  from  the  time  of  their 
appointment,  and  hold  their  office  until  tlieir  suc- 
cessors are  appointed  and  qualified.  [Amendment 
approved  April  1,  1897;  Amendments  1897,  ch. 
cclxi.     In  effect  Immediately.] 

§  1919.  All  staff  officers  shall  be  citizens  of  the 
State  of  California.  [Amendment  approved  April 
1,  1897;  Amendments  1897,  ch.  cclxi.  In  effect 
immediately.] 

§  1920.  Any  officer  of  a  regiment,  battalion,  or 
company,  accepting  any  staff  appointment,  except 
that  of  adjutant  and  quartermaster,  is  held  to 
have  resigned  his  commission  in  such  regiment, 
battalion,  or  company. 

§  1921.  All  officers  and  soldiers  of  the  National 
Guard,  on  becoming  members,  and  before  per- 
forming duty,  and  at  each   subsequent  re-enlist- 


§§  1922-1924      The  National  Guard.  390 

ment,  must  take  and  subscribe  the  following  oath, 
which  all  commissioned  officers  thereof  are  au- 
thorized to  administer:  "I  do  solemnly  swear  that 
I  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  the  State  of  Cali- 
fornia, and  will  maintain  and  defend  the  laws  and 
all  officers  employed  in  administering  the  same." 
Which  oath,  certified  by  the  officer  administerins 
the  same,  must  be  returned  to  the  adjutant-gen- 
eral, and  be  preserved  with  the  rolls  of  companies. 
Oaths  of  re-enlistment  shall  show  on  the  margin 
the  number  of  re-enlistment.  [Amendment  ap- 
proved March  30,  1878:  Amendments  1877-8,  p.  41. 
In  effect  March  30,  1878.] 

§  1922.  The  systems  of  instruction  prescribed 
l')r  the  different  arms  of  the  United  States  Army 
must  be  followed  in  the  military  drills  and  in- 
struction l)y  the  National  Guard,  and  by  the  en- 
rolled militia  when  called  into  actual  service. 
[Amendment  approved  March  12,  1878;  Amend- 
ments 1877-8.  p.  32.     In  effect  March  12,  1878.] 

§  1923.  All  moneys  hereafter  appropriated  for 
the  purchase  of  service  uniforms  or  equipments 
shall  be  devoted  entirely  to  the  purchase  of  uni- 
forms and  necessary  equii)ments.  which  shall  be 
the  same  as  worn  by  similar  corps  in  the  United 
States  army,  and  nothing  further  shall  be  ex- 
pended upon  dress  uniforms  or  equipments.  Any 
regiment,  unattached  battalion,  or  unattached 
company  may.  however,  adopt,  subject  to  the  ap- 
proval of  tile  commander-in-chief,  a  distinctive 
dress  uniform  and  equipments,  which  may  be 
worn  on  all  occasions,  unless  otherwise  ordered: 
but  the  expense  of  providing  and  maintaining 
sucli  uniforms  and  equipments  shall  be  borne  en- 
tirely by  the  organization  so  adopting.  There 
shall  be  a  board  of  three  officers,  to  be  detailed  b^- 
the  commander-in-chief,  which  board  shall  meet 
from  time  to  time,  but  at  least  once  in  each  year, 
for  the  purpose  of  considering  and  recommending 
to  the  commander-in-chief  what  in  its  judgment  is 
most  urgently  required  for  the  uniforming  and 
equipping  of  the  guard  from  time  to  time. 
[Amendment  ap]>roved  March  26.  1895;  Stats. 
1895,  p.  182.    In  effect  March  26,  1895.] 

§  1924.    All  commissioned  officers  of  regiments. 


391  The  National  Guard.      §§  1925-1927 

battalions,  troops,  batteries,  and  companies  of  the 
National  Guard  must  take  rank  according  to  the 
date  assigned  them  by  their  commissions,  which 
date  shall  be  from  the  time  of  their  election  or 
appointment;  and  when  two  of  the  same  grade 
are  of  the  same  date  their  ranlc  must  be  deter- 
mined by  length  of  previous  military  service  in 
the  State;  and  if  of  equal  service  then  by  lot. 
Officers  of  regiments,  battalions,  troops,  batteries, 
and  companies  of  the  National  Guard,  in  all  cases, 
are  of  superior  rank  to  officers  of  the  enrolled 
militia  of  the  same  grade,  irrespective  of  the  date 
of  their  commissions.  [Amendment  approved 
April  1,  1897;  Amendments  1897,  ch.  cclxi.  In 
effect  immediately.] 

§  1925.  When  an  officer  is  re-elected  no  new 
commission  issues,  but  a  certificate  of  such  elec- 
tion must  be  issued  to  him  by  the  ad.iutant-gen- 
eral.  In  the  event  of  a  commission  being  lost  or 
destroyed,  on  .satisfactory  proof  being  given  of  the 
same,  tlie  commander-in-chief  shall  issue  a  new 
commission,  with  rank  from  date  of  former  com- 
mission. [Amendment  approved  IMarch  12,  1878; 
Amendments  1877-8,  p.  32.  In  effect  March  12, 
1878.] 

§  1926.  Any  officer  resigning  his  commission 
must  do  so  in  writing,  addressing  the  adjutant- 
general,  giving  his  reasons  therefor,  and  transmit 
the  same  througli  his  immediate  commanding  of- 
ficer, who  will  make  his  indorsement  tliereon,  and 
the  resignation  takes  eft'ect  when  accepted  by  the 
commander-in-chief  and  announced  in  orders. 
[Amendment  approved  March  12,  1878:  Amend- 
ments 1877-8,  p.  32.     In  effect  March  12,  1878.] 

§  1927.  Vacancies  in  elective  offices  of  the  Na- 
tional Guard,  not  in  active  service,  are  filled  by 
election.  When  vacancies  occur  at  an  election 
through  the  promotion  of  any  officer,  such  vacan- 
cies may  then  and  there  be  filled  without  further 
order.  Election  of  company  officers  shall  be  pre- 
sided over  by  an  officer  appointed  for  that  pur- 
pose by  the  brigade  commander,  and  such  presid- 
ing officer  shall  give  ten  days'  notice  of  his  ap- 
pointment to  all  parties  interested,  by  causing  the 
order  appointing  him  to  be  posted  in  the  company 
armory  and  read  to  the  company.    He  shall,  witli 


§§  1928, 1929     The  National  Guard.  392 

in  five  days  following  the  election,  report  the  re- 
sult of  the  said  election  to  the  brijjade  commander. 
[Amendment  approved  March  12,  1878;  Amend- 
ments 1877-8,  p.  32.    In  effect  March  12,  1878.] 

§  1928.  Any  commissioned  officer  who  removes 
from  the  limits  of  his  brigade  is  deemed  to  have 
resigned,  and  the  major-general,  brigadier-general, 
or  any  commissioned  officer  who  absents  himself 
from  the  State  for  more  than  thirty  days,  without 
the  permission  of  the  commander-in-chief,  is 
deemed  to  have  resigned,  and  such  resignation 
shall  be  announced  in  orders  from  the  adjutant- 
general's  office  immediately  after  the  fact  of  such 
absence  becomes  officially  known.  [Amendment 
approved  March  12.  1878:  Amendments  1877-8,  p. 
32.     lu  effect  March  12,  1878.] 

§  1929.  Any  enlisted  man  may  be  discharged 
before  the  expiration  of  his  term  of  service,  by 
order  of  the  commanding  officer  of  the  regiment 
or  unattached  battalion,  or,  if  a  member  of  an  un- 
attached company,  troop,  or  battery,  by  the  bri- 
gade commander,  on  the  recommendation  of  his 
company  commander,  and  also  for  any  of  the  fol- 
lowing reasons:  To  accept  promotion  by  commis- 
sion; upon  removal  of  residence  from  the  State,  or 
out  of  the  bounds  of  the  command  to  which  he 
belongs  to  so  great  a  distance  that,  in  the  opinion 
of  the  commanding  officer,  he  cannot  properly  per- 
form his  military  duty;  upon  disability,  estab- 
lished by  certificate  of  a  medical  officer;  whenever 
such  commanding  officer  shall  approve  the  appli- 
cation of  two-thirds  of  the  members  of  a  company 
requesting  the  discharge  of  an  enlisted  man 
thereof,  and  if,  at  a  regular  meeting  of  a  company, 
or  of  a  meeting  called  for  that  purpose,  two-thirds 
of  the  members  of  a  company  desire  by  vote  the 
discliarge  of  one  of  their  members,  an  applica- 
tion for  the  discharge  of  such  soldier  shall  be 
made  by  the  company  commander.  Or  he  may  be 
dishonorably  discharged  for  either  of  the  follow- 
ing reasons:  Upon  conviction  of  felony  in  a  civil 
court:  by  sentence  of  a  court-martial.  A  charac- 
ter shall  be  attached  to  all  discharges.  Evei-y 
member  of  the  National  Guard  dishonorably  dis- 
charged from  the  military  service  of  the  State  of 
California  shall  be  disfranchised  for  the  period  of 
one  year  next  ensuing  such  discharge.     The  dis- 


393  The  National  Guard.      §§  1930-1933 

charges  herein  provided  shall  be  made  by  the  com- 
manding officer  of  tlie  regiment  or  unattached 
battalion,  and  in  the  case  of  members  of  un- 
attached companies,  troops,  or  batteries  by  the 
brigade  commander.  [Amendment  approved 
March  2G,  1895;  Stats.  1895,  p.  182.  In  effect 
March  26,  1895.] 

§  1930.  Any  officer,  non-commissioned  officer, 
musician,  or  private  who  disobeys  the  oi'ders  of 
his  superior,  uses  reproachful  or  abusive  language 
to  his  superior,  or  misbehaves  or  demeans  himself 
in  an  unofflcer  or  unsoldierlilve  manner  whilst 
under  military  orders,  must  be  immediately  ar- 
rested. If  a  non-commissioned  officer  or  soldier  on 
military  duty,  he  must  be  disarmed  and  put  under 
guard,  and  tried  and  punished  by  a  court-martial, 
according  to  law  and  military  usage.  [Amend- 
ment approved  March  12,  1878;  Amendments  1877- 
8,  p.  32.    In  effect  March  12,  1878.] 

INIisdemeanor— by  failure  to  attend  parade,  dis- 
obedience, or  disrespectful  language:  Penal  Code, 
sec.  653. 

§  1931.  If  any  per.son  interrupts,  molests,  or 
insults,  by  abusive  words  or  behavior,  any  officer 
or  private  while  in  the  performance  of  his  mili- 
tary duty,  he  must  be  immediately  put  under 
guard  and  kept,  at  the  discretion  of  the  command- 
ing officer  of  the  forces  engaged  in  the  perform- 
ance of  such  duty,  until  the  setting  of  the  sun  of 
the  same  day  on  which  the  offense  is  committed. 

§  1932.  No  dishonorably  discharged  non-com- 
missioned officer,  artificer,  musician,  or  private,  or 
member  of  a  company  dishonorably  discharged 
from  the  National  Guard,  shall  be  permitted  to 
again  enter  any  company  of  the  National 
Guard,  except  the  offense  is  pardoned  by  the  com- 
inander-in-chief.  No  dishonorably  discharged  offi- 
cer of  the  National  Guard  of  California  shall  be 
permitted  to  hold  any  office  of  trust  or  emolument, 
nor  be  permitted  to  again  enter  any  company  of 
the  National  Guard,  except  the  offense  be  par- 
doned by  the  commander-in-chief.  [Amendment 
approved  March  26,  1895;  Stats.  1895,  p.  182.  In 
effect  March  26,  1895.] 

§  1933.    The  commanding  officer  of  any  parade, 


§§  1934-1936     The  National  Guard,  394 

review,  or  drill,  and  the  officer  in  charge  of  any 
rendezvous,  may  cause  the  ground  selected  foV 
that  purpose  to  be  marked  or  designated  in  such  a 
manner  as  not  to  obstruct  the  passage  of  travelers 
on  any  public  highway;  and  if  any  person,  during 
the  occupation  of  such  ground  for  such  military 
purpose,  enters  upon  such  ground  without  the  per- 
mission of  the  officer  commanding  or  in  charge, 
he  may  be  put  and  liept  under  guard,  by  the  order 
of  such  commander,  until  the  setting  of  the  sun 
of  the  same  day. 

§  1934.  Regimental,  battalion,  and  company 
rules  of  government  and  by-laws  regularly 
adopted  by  a  majority  of  the  elected  officers  of 
such  regiments  and  battalions,  or  members  of 
companies,  and  approved  by  the  commander-in- 
chief,  may  be  adopted  and  enforced  in  such  regi- 
ments, battalions,  and  companies,  if  they  are  not 
in  conflict  with  the  laws  and  regulations  of  this 
State.  [Amendment  approved  April  15,  1880; 
Amendments  1880,  p.  50.    In  effect  April  15,  1880.] 

§  1935.  All  fines  and  penalties  for  non-attend- 
ance upon  drills,  parades,  and  inspections,  legally 
determined  and  imposed  under  the  provisions  of 
such  rules  and  by-laws,  may  be  collected  by  action 
in  justice's  court,  in  the  name  of  the  people  of  the 
State  of  California;  and  the  books  and  records  of 
regiments,  battalions,  and  companies,  and  the  pro- 
ceedings under  which  delinquents  are  fined,  are 
prima  facie  evidence  of  the  facts  therein  stated. 
[Amendment  approved  March  30,  1874;  Amend- 
ments 1S73-4,  p.  35.    In  effect  July  6,  1874.] 

Fine  for  delinquencies  touching  parades:  Penal 
Code.  sec.  652. 

§  1936.  All  officers,  musicians,  and  privates  of 
the  National  Guard  who  comply  with  all  military 
duties,  as  provided  in  this  chapter,  are  entitled  to 
the  following  privileges  and  exemptions,  viz.:  ex- 
emption from  road  tax,  and  head  tax  of  every 
description,  except  the  poll  tax  provided  for  in 
article  thirteen,  section  twelve,  of  the  Constitu- 
tion, exemption  from  jury  duty,  and  service  on 
any  posse  comitatus.  All  officers,  non-commis- 
sioned officers,  musicians,  and  privates,  who  have 
faithfully  served  in  the  military  service  of  this 
State  for  the  space  of     seven  consecutive  years, 


395  The  National  Guard.     §§  1937-1940 

and  received  tlie  certificate  of  the  adjutant-gen- 
eral certifying  the  same,  are  thereafter  exempted 
from  further  military  and  jury  duty,  except  in 
time  of  war.  And  the  adjutant-general  must  issue 
such  certificate  of  exemption  when  it  appears  that 
the  party  applying  is  entitled  to  the  same. 
[Amendment  approved  April  1,  1897;  Amend- 
ments 1897,  ch.  cclxi.     In  effect  immediately.] 

§  1937.  Each  commander  of  a  company  of  the 
National  Guard  must  malie  out  a  list,  certified 
under  oath  before  a  notary  public,  on  or  before  the 
first  Monday  in  March  of  each  year,  of  every  otfi- 
cer,  non-commissioned  officer,  musician,  and  pri- 
vate of  the  company  entitled  to  exemptions,  as 
provided  by  law,  with  the  residence  of  each, 
which  list  must  be  transmitted  to  the  colonel,  or 
commanding  officer,  of  the  regiment  or  battalion 
to  which  such  company  belongs,  who  must  trans- 
mit the  same,  together  with  a  list  of  his  field  and 
staff,  and  non-commissioned  staff,  made  out  in 
lilie  manner,  and  certified  by  him  under  oath  be- 
fore a  notary  public,  to  the  brigadier-general, 
which  list,  if  correct  and  approved  by  the  brig- 
adier-general, must,  by  him,  be  served  upon  the 
county  assessor  of  tlie  county  in  wliich  such  regi- 
ments, battalions,  or  companies  are  located;  and 
the  county  assessor  must  thereupon  note  opposite 
the  names  of  all  persons  such  exemptions. 
[Amendment  approved  March  30,  1878;  Amend- 
ments 1877-8,  p.  43.    In  effect  March  30,  1878.] 

§  1938.  The  commander-in-chief  may,  at  any 
time,  for  good  and  sufficient  cause,  disband  any 
portion  of  the  National  Guard.  [Amendment  ap- 
proved March  12.  1878:  Amendments  1877-8.  p.  33. 
In  effect  March  12,  1878.] 

§  1939.  The  rules  and  regulations  of  the  army 
of  the  United  States,  so  far  as  the  same  may  be 
applicable  and  not  inconsistent  with  the  laws  of 
this  State,  and  the  rules  and  regulations  pre- 
scribed by  the  command er-in-cliief,  constitute  the 
rules  and  regulations  for  the  government  of  the 
National  Guard.  [Amendment  approved  April  15, 
1880;  Amendments  1880,  p.  51.  In  effect  April  15, 
1880.] 

§  1940.  No  officer  is  entitjed  to  charge  or  re- 
ceive any  fee  or  compensation  for  administering 


§§  1941, 1942    The  National  Guard.  396 

or  certifying  any  oaths  administered  or  certified 
under  the  provisions  of  this  chapter. 

§  1941.  The  commander-in-chief  is  authorized 
and  has  power  to  establish  and  prescribe  such 
rules  and  regulations,  forms,  and  precedents,  not 
inconsistent  with  the  provisions  of  the  Codes,  as 
he  may  deem  proper  for  the  use,  government,  and 
instruction  of  the  National  Guard,  and  to  carry 
into  full  effect  the  provisions  of  the  Codes  relative 
thereto.  Such  rules,  regulations,  forms,  and  prec- 
edents shall,  from  time  to  time,  be  revised  as  may 
be  deemed  necessary,  and  shall  be  promulgated  in 
orders,  and  compiled  in  such  form  as  may  be 
deemed  advisable  for  the  information  of  the  Na- 
tional Guard.  [Amendment  approved  March  4, 
1881;  Amendments  1881,  p.  30.  In  effect  March  4, 
1881.] 

§  1942.  The  colors  carried  by  organizations  of 
the  National  Guard  shall  be  such  as  are  borne  by 
similar  organizations  of  the  United  States  army, 
except  that  the  regimental  or  battalion  color  shall 
have  thereon  the  State  coat-of-arms,  instead  of 
the  arms  of  the  United  States;  and  no  military  or- 
ganization provided  for  by  the  constitution  and 
laws  of  the  State,  and  receiving  State  support, 
shall,  while  under  arms,  either  for  ceremony  or 
duty,  carry  any  device,  banner,  or  flag  of  any  state 
or  nation,  except  tliat  of  the  United  states  or  of  the 
State  of  California.  It  shall  not  be  lawful  for  any 
body  of  men  whatever,  other  than  the  regular  or- 
ganized National  Guard  of  this  State,  and  the 
troops  of  the  United  States,  to  associate  them- 
selves together  as  a  military  company  or  organi- 
zation, to  drill  or  parade  with  arms  in  this  State, 
without  the  license  of  the  Governor  thereof,  which 
license  may  at  any  time  be  revolved;  provided, 
that  students  in  educational  institutions  where 
military  science  is  a  part  of  the  course  of  instruc- 
tion, may,  with  the  consent  of  the  Governor,  drill 
and  parade  with  arms,  in  public  under  the  super- 
intendence of  their  instructor;  and  provided  fur- 
ther, that  nothing  herein  contained  shall  be  so 
construed  as  to  prevent  benevolent  or  social  or- 
ganizations from  wearing  swords.  Any  person  or 
persons  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor  and  subject 
to  arrest  and  punishment  therefor.     [Amendment 


397  The  National  Guard.     §§  1943-1946 

approved  March  26,  1895;  Stats.  1895,  p.  183.     lu 
effect  March  26,  1895.] 

See  Const.  Cal.,  ai-t.  8,  sec.  2,  to  which  this  sec- 
tion conforms. 

§  1943.  Every  officer  or  soldier  wounded  or 
disabled  in  the  service  of  the  State  shall  have  rea- 
sonable expenses  paid  him,  and  the  widow  and 
children  of  every  officer  or  soldier  liilled  in  the 
service  of  the  State  shall  be  suitably  provided  for 
by  the  Legislature.  [New  section  approved  March 
12,  1878:  Amendments  1877-8,  p.  41.  In  effect 
March  32,  1878.] 

§  1944.  All  claims  against  any  appropriation 
made  for  military  purposes  payable  to  command- 
ing officers,  shall,  at  the  discretion  of  the  board  of 
military  auditors,  be  forfeited  to  the  State  unless 
the  demand  is  presented  within  six  months  after 
the  time  it  becomes  due.  [New  section  approved 
March  12,  1878;  Amendments  1877-8,  p.  41.  In 
effect  March  12,  1878.] 

§  1945.  The  state  shall  provide  a  bronze  ser- 
vice medal,  with  a  bronze  bar  attached  thereto, 
for  ten  years'  active  service;  for  fifteen  years'  ac- 
tive service  a  silver  bar  shall  be  attached;  and  for 
twenty  years'  active  service,  a  gold  bar  shall  be 
attached  to  the  same  medal.  There  shall  be  no 
other  or  different  medals  for  service.  Such  med- 
als shall  be  prepared  and  issued  by  the  adjutant- 
general,  only,  upon  application  of  the  party  en- 
titled thereto,  and  upon  proof  of  such  service  from 
the  records  of  the  National  Guard.  [Amendment 
approved  April  1,  1897;  Amendments  1897,  ch. 
cclxi.     In  effect  immediately.] 

§  1946.  The  insignia  of  the  veterans  of  the 
Mexican  War,  the  Military  Order  of  the  Loyal 
Legion,  the  Grand  Army  of  the  Republic,  and  of 
armies  or  army  corps  indicating  actual  services  in 
the  field,  and  badges  indicating  long  and  faithful 
service  in  tlie  National  Guard  of  this  and  other 
states,  and  State  marlisman  badges,  may  be  worn 
by  officers  and  men  of  the  National  Guard  of  Cal- 
ifornia, entitled  to  them,  tipon  the  left  breast,  in 
one  line,  on  the  uniform  coat  or  service  blouse,  the 
top  of  the  ribbons  on  a  line  with  the  arm-pit.  In 
the  order  named  above,  from  riglit  to  left.  No 
Pol.  Code-34. 


§§  1951, 1952  Companies  and  Arms.  398 

other  medals,  badges,  ribbons,  or  decoration  sliall 
be  worn.  [New  section  approved  April  1,  1897; 
Amendments  1897.  ch.  cclxi.  In  effect  immedi- 
ately.] 


ARTICLE    II. 

COMPANIES,    AND    THE    DISTRIBUTION    OF    ARMS. 

§  1951.  Applications   for  leave   to   organize  companies. 

I  1952.  If  accepted   the   Brigadier   General   must  appoint  a 

person    to    organize. 

§  1953.  Organization. 

§  1954.  Brigadier    General    to    act      upon      certificate,    and 

transmit  it. 

§  1955.  Company  to  be  listed  and  officers  commissioned. 

§  1956.  Non-commissioned  officers  of  companies. 

§  1957.  Non-commissioned   officers   of  batteries. 

§  1958.  Company  name  or  number. 

§  1959.  Company  roll  and  term  of. service. 

§  1960.  Person  not  to  be  member  of  two  companies  at  the 

same   time. 

§  1961.  Companies,    how    armed    and    equipped. 

§  1962.  Number    of   officers   and    privates. 

§  1963.  Requisition    for   arms   and   equipments. 

§  1964.  Proceedings  on  approval  of  requisition. 

§  1965.  Same— Bond. 

§  1966.  Same. 

§  1967.  Same. 

§  1968.  Inspection   of  arms,   etc. 

§  1969.  Repair  of  arms,  etc. 

§  1970.  Musters    and    muster   rolls. 

§  1971.  Same. 

§  1972.  Same. 

§  1973.  Retired  list. 

§  1974.  Officers   elected   to   appear   for   examination. 

§  1975.  Candidates    to    be    thoroughly    examined. 

§  1976.  Applications  for  membership. 

§  1977.  Use   of   uniforms,    property,    etc. 

§  1951.  Whenever  a  sufficient  number  of  per- 
sons, i-esidents  of  any  county  in  this  State,  subject 
to  military  duty,  subscribe  a  call  for  the  organiza- 
tion of  a  company,  the  adjutant-general,  upon  the 
application  of  such  persons,  and  with  the  approval 
of  the  .general  of  brigade,  must  present  the  same 
to  the  board  for  the  organization  of  the  National 
Guard. 

§  1952.  If  such  company  is  accepted,  the  ad- 
jutant-general must  direct  the  brigadier-general  to 
appoint  some  person,  resident  of     the  county,  to 


399  Companies  and  Arms,    §§  1953-1956 

open  a  book  in  which  to  enter  the  names  of  persons 
so  applying,  and  must  fix  a  time  and  place  of  meet- 
ing for  the  purpose  of  organization,  by  giving  ten 
days'  notice  thereof,  by  publication  in  some  news- 
paper, or  by  posting  notices  in  at  least  three  pub- 
lic places  in  the  county. 

§  1953.    The  person  appointed  must: 

1.  Preside  at  such  meeting  and  organize  the 
same. 

2.  Superintend  the  election  for  commissioned 
officers  of  the  company,  whicli  must  be  by  ballot. 

3.  Make  out,  after  such  election,  a  list  of  per- 
sons organized,  a  certificate  of  each  officer  elected, 
together  with  a  copy  of  the  proceedings  of  the 
meeting,  and  a  copy  of  his  appointment,  and  of 
the  notice  of  the  meeting,  certified  by  him,  and 
transmit  them  to  the  brigadier-general  command- 
ing the  brigade. 

§  1954.  The  brigadier-general  must,  if  found 
correct,  transmit  the  same,  with  his  approval,  to 
the  adjutant-general. 

§  1955.  1.  If  such  company  has  been  organized 
and  the  officers  elected  in  accordance  with  the  pro- 
visions of  law,  orders,  and  regulations,  the  com- 
pany must  be  listed  in  tlie  office  of  the  adjutant- 
general  as  a  company  of  the  National  Guard,  and 
the  officers  elected,  if  commissioned,  hold  office  for 
the  term  of  two  years. 

2.  All  commissioned  officers  of  the  National 
Guard  shall  be  commissioned  by  tlie  Governor, 
but  he  may  refuse  to  issue  a  commission  to  any 
officer  elected  or  appointed,  if,  in  his  opinion,  the 
person  elected  or  appointed  is  in  any  way  unquali- 
fied or  unworthy  to  be  an  ofiicer  in  the  National 
Guard.  [Amendment  approved  April  15,  1880; 
Amendments  1880,  p.  51.    In  effect  April  15,  1880.] 

No  charge — by  Secretary  of  State  issuing  com- 
mission: See  sec.  26  of  Act  in  Stats.  1880,  p.  215  or 
51. 

§  1956.  All  company  non-commissioned  officers 
of  the  National  Guard  must  be  nominated  by  com- 
manders of  their  respective  companies,  subject  to 
the  approval  of  the  commanders  of  the  regiment 
or  battalion;  and  such  non-commissioned  officers 
cannot  thereafter  be  removed  or  reduced  in  rank 
except  as  herein  provided,  or  by  the  commander 


§S  1957-1962    Companies  and  Arms.  400 

of  the  regiment  or  battalion,  for  neglect  of  duty 
or  otlier  sufficient  cause. 

§  1957.  Commanders  of  batteries  not  attaclied 
to  regiments,  and  unattached  companies,  have  the 
same  authority  with  non-commissioned  officers  as 
is  herein  conferred  upon  commanders  of  regiments 
and  battalions.  [Amendment  approved  March  17, 
1891;  Stats.  1891,  p.  122.] 

§  1958.  Each  company  of  the  National  Guard 
may  adopt  a  distinct  name;  but,  if  attached,  must 
be  known  by  a  particular  letter  or  number  in  the 
regiment  or  battalion  to  which  it  belongs. 

§  1959.  All  enlisted  men,  on  entering  the  Na- 
tional Guard,  must  take  the  prescribed  oath,  and 
join  for  not  less  than  thi-ee  years'  service;  provid- 
ed, that  any  man  having  served  one  enlistment 
satisfactorily  may  re-eulist  for  one,  tvro,  or  three 
years,  at  his  option.  [Amendment  approved 
March  9,  1893;  Stats.  1898,  p.   104.] 

This  section  was  amended  in  1891;  Stats.  1891, 
p.  123. 

§  1960.  No  person  can  be  a  member  of  two 
companies  at  the  same  time;  and  any  member  of 
a  company  who  removes  beyond  the  limits  of  the 
county  may  be  discharged  from  such  company; 
and  such  discharge,  as  in  all  other  cases,  must  be 
announced  in  orders  from  proper  authority, 
and  copies  of  all  orders  announcing  discharges 
must  be  forwarded  to  brigade  and  general  head- 
quarters. [Amendment  approved  April  15,  1880; 
Amendments  1880,  p.  51.    In  effect  April  15,  1880.] 

§  1961.  The  companies  of  the  National  Guard 
are  armed  and  equipped  in  tlie  same  manner  as 
similar  corps  in  the  United  States  Army. 

Act  reimbursing  company  for  moneys  expended 
in  uniforms,  etc.:  See  post,  Appendix,    p.  1(>46. 

§  1962.  The  companies,  troops,  and  batteries 
of  the  National  (iuard  shall  be  composed  of  offi- 
cers and  men  as  follows: 

1.  Each  company  of  infantry  shall  have  not  less 

than  fifty,  nor  more  than  one  hundred  and  three, 

officers,    uou-commissioned   officers,   and  privates, 

which  must  include  one  commissioned  officer,  and 

may  include  one  captain,  one  first  lieutenant,  one 


401  Companies  and  Arms.  §  1962 

second  lieutenant,  one  first  sergeant,  one  quarter- 
master-sergeant, four  sergeants,  eight  corporals, 
and  two  musicians; 

2.  Each  troop  of  cavalry  shall  have  not  less  than 
fifty,  nor  more  than  one  hundred  and  three,  offi- 
cers, non-commissioned  officers,  and  privates, 
which  must  include  one  commissioned  officer,  and 
may  include  one  captain,  two  first  lieutenants, 
one  second  lieutenant,  one  first  sergeant,  one  quar- 
termaster-sergeant, four  sergeants,  eight  corporals 
two  trumpeters,  two  farriers,  and  one  saddler; 

3.  Each  foot  battery  shall  have  not  less  than 
fifty,  nor  more  than  one  hundred  and  three,  offi- 
cers, non-commissioned  officers,  and  privates, 
which  must  include  one  commissioned  officer,  and 
may  include  one  capitain,  one  first  lieutenant,  one 
second  lieutenant,  one  first  sergeant,  one  quarter- 
master-sergeant, four  sergeants,  eight  corporals, 
and  two  trumpeters; 

4.  Each  field  battery  shall  have  not  less  than 
sixty-one,  nor  more  than  one  hundred  and  forty- 
nine,  officers,  non-commissioned  officers,  and  pri- 
vates, which  must  include  one  commissioned  offi- 
cer, and  may  include  one  captain,  two  first  lieu- 
tenants, one  second  lieutenant,  one  first  sergeant, 
one  quartermaster-sergeant,  six  sergeants,  eight 
corporals,  two  trumpeters,  two  farriers,  and  one 
saddler; 

5.  The  numerical  strength,  ranlv,  titles,  and  in- 
signia of  ranli  of  the  companies,  troops,  and  bat- 
teries, and  their  officers  and  men,  of  the  National 
Guard,  shall  conform  to  the  laws,  rules  and  regu- 
lations of  the  United  States  army  and  navy,  so 
far  as  the  same  may  be  effectively  applicable; 
and  upon  changes  being  made  in  the  said  laws, 
rules  and  regulations  of  the  United  States  army 
and  navy,  the  commander-in-chief  of  the  National 
Guard  shall  cause  the  same  changes  to  be  made 
in  the  National  Guard  to  correspond  thereto,  so 
far  as  they  may  be  effectively  applicable  as 
aforesaid ; 

6.  Each  company,  troop,  battery,  or  division  naval 
militia,  may  have  not  to  exceed  ten  honorary  mem- 
bers, who  shall  pay  fifty  dollars  per  annum  each 
into  the  company,  troop,  battery,  or  naval  division 
treasury,  and  shall  thereupon  be  entitled  to  all  ex- 
emptions to  which  men  on  tlie  active  list  are  en- 
titled, and  shall  not  be  required  to  drill  or  per- 
form any  military  duty  by  reason  of  such  member- 
ship; 


§  1962  Companies  and  Arms.  402 

7.  The  naval  militia  of  the  National  Guard  of 
California  shall  be  commanded  by  a  captain. 
There  shall  also  be  allowed  to  the  naval  militia 
the  following  commissioned  officers,  viz.:  One  ex- 
ecutive officer,  with  ranlc  of  lieutenant-command- 
er; one  chief  engineer,  with  rank  of  lieutenant- 
commander;  one  navigating  officer,  with  rank  of 
lieutenant;  one  paymaster,  who  shall  be  the  mus- 
tering otficer  of  the  naval  militia;  one  ordnance  of- 
ficer; one  surgeon,  and  one  aide,  each  with  rank  of 
lieutenant;  one  assistant  surgeon,  with  rank  of 
lieutenant  junior  gradS  and  one  signal  officer, 
with  rank  of  ensign.  Each  division  shall  be  com- 
manded by  a  lieutenant,  and  shall  contain  one 
lieutenant  junior  grade,  two  ensigns,  and  not  less 
than  fifty  nor  more  than  one  hundred  petty  offi- 
cers and  men.  And  each  division,  located  outside 
of  San  Francisco,  shall  be  allowed  an  assistant 
surgeon,  with  rank  of  ensign.  There  may  be  three 
warrant  officers,  viz.:  Boatswain,  gunner,  and  car- 
penter. The  petty  officers  of  the  naval  militia 
shall  be  one  aix>thecary,  one  chief  master-at-arms, 
oue  chief  signal  quartermaster,  one  chief  bugler, 
one  chief  coxswain,  one  engineer's  yeoman,  one 
paymaster's  yeoman;  and  there  may  be,  not  to  ex- 
ceed, two  others  of  such  ratings  as  the  exigencies 
of  the  service  may  dictate.  The  divisional  petty 
officers  shall  be  rated  as  in  the  United  States 
navy; 

8.  The  organization  of  the  naval  militia  shall 
conform  generally  to  the  provisions  of  the  laws  of 
the  United  States;  and  the  system  of  discipline 
and  exercise  shall  conform,  as  nearly  as  may  be, 
to  that  of  the  navy  of  the  United  States  as  it  now 
is,  or  may  hereafter  be,  prescribed  by  Congress. 
When  not  otherwise  provided  for,  the  government 
of  the  naval  militia  shall  be  controlled  by  the  pro- 
visions of  the  Political  Code  relating  to  the  Na- 
tional Guard  of  California,  and  the  Governor  shall 
have  power  to  alter,  divide,  annex,  consolidate,  or 
disband  the  same,  whenever,  in  his  judgment,  the 
efficiency  of  the  State  forces  will  thereby  be  in- 
creased and  he  shall  have  power  to  make  such 
rules  and  regulations  as  may  be  deemed  proper 
for  the  use,  government  and  ihstriictlon  of  the 
naval  militia;  but  such  rules  and  regulations  shall 
conform  as  nearly  as  practicable  to  those  govern- 
ing the  United  States  navy; 


403  Compauies  and  Arms.     §§  1963-1965 

9.  Tlie  duty  of  the  naval  militia  required  by 
law,  or  any  part  of  it,  may  be  performed  afloat  in 
United  States  vessels.  Officers  and  men  of  the  nav- 
al militia  mustered  temporarily  into  the  service  of 
the  United  States  for  instruction  and  drill,  and  re- 
ceiving compensation  therefor  from  the  United 
States,  shall  not,  during  the  same  term,  be  en- 
titled to  compensation  from  the  State; 

10.  The  Governor  is  authorized  to  apply  to  the 
President  of  the  United  States  for  the  detail  of 
commissioned  and  petty  officers  of  the  navy,  to 
act  as  inspectors  aud  instructors  in  the  art  of 
naval  warfare; 

11.  The  naval  militia  battalion  and  divisions 
shall  receive  the  same  allowance  from  the  State 
as^infantrj  battalions  and  companies.  [Amend- 
ment approved  April  1,  1897;  Amendments  1897, 
eh.  eclxi.    In  effect  immediately.] 

§  1963.  When  a  company  is  organized,  its  com- 
manding officer  may  make  a  requisition  through 
the  proper  military  channel  for  such  arms  and  ac- 
couterments,  ammunition,  clothing,  and  stores  as 
are  required. 

Military  Academies— Act  to  furnish  arms  for: 
Stats.  1872,  p.  121;  see  General  Laws,  title  "Mili- 
tary Acaden  ies." 

Arms,  equipments,  etc.— Misdemeanor  to  unlaw- 
fully retain  or  dispose  of:  Penal  Code,  sees.  452, 
453. 

§  1964.  If  the  Commander-in-Chief  approve  the 
requisition  he  must  malve  an  order  upon  the  back 
thereof  directing  the  issue  by  the  adjutant  gen- 
eral, who  must  immediately  notify  the  officer 
making  the  requisition  that  the  arms,  accouter- 
ments,  and  ammunition,  or  any  portion  thereof,  are 
ready  to  be  issued. 

§  1965.  The  commanding  officer  of  each  troop, 
battery,  company,  naval  division,  or  signal  corps 
must  give  sucli  bonds  and  security  as  may  be  re- 
quired by  tlie  adjutant-general  to  secure  the  State 
aud  the  company  from  loss  on  account  of  misuse 
or  misapplication  of  any  State  property  or  funds. 
Said  bond  must  l)e  with  two  or  more  good  and  suf- 
ficient sureties  c(mditioned  upon  his  faithful  per- 
formance of  all  duties,  and  accounting  for  all 
property  and  moneys,  both  State  and  company 
funds,  of  whicli  the  commander,  as  ex-officio  treas- 


§§  1966-1970    Companies  and  Arms.  404 

uver,  shall  be  the  custodian.  [Amendment  ap- 
proved April  1,  1897:  Amendments  1897,  ch.  cclxi. 
In  effect  immediately.] 

§  1966.  Such  bonds  being  to  his  satisfaction, 
and  on  receiving  duplicate  receipts  from  such  of- 
ficer, the  adjutant-general  must  malie  the  issue. 
[Amendment  approved  April  1,  1897;  Amendments 
1897,  ch.  cclxi.     In  effect  immediately.] 

§  1967.  The  adjutant  general  must  file  one 
copy  of  such  receipts  in  his  office,  and  transmit 
the  other  to  the  general  of  brigade. 

§  1968.  All  arms,  equipments,  and  military 
stores,  books,  accounts,  and  records  of  all  liinds, 
are  subject  to  examination  by  tlie  inspectors  and 
ordnance  officers  of  the  State,  and  by  any  other 
officer  designated  by  the  commander-in-chief  or 
other  commanding  officer  for  that  purpose. 
[Amendment  approved  March  12,  1878;  Amend- 
ments 1877-8,  p.  34.    In  effect  March  12,  1878.] 

§  1969.  If  such  officer  finds  any  of  such  prop- 
erty out  of  repair,  injured,  or  defective,  he  must 
immediately  notify  the  facts  to  the  commander- 
in-chief,  througli  the  proper  channel,  who,  if  the 
damages  are  not  I'epaired  and  the  defects  and  loss- 
es supplied  within  a  reasonable  time,  must  order 
the  same  to  be  done  under  the  direction  of  some 
officer,  and  tlie  vouchers  for  the  expenses  there- 
of, when  audited  by  the  State  board  of  military 
auditors,  must  be  paid,  on  tlie  warrant  of  the  con- 
troller, out  of  the  appropriation  for  military  pur- 
poses. [Amendment  approved  March  30,  1878; 
Amendments  1877-8,  p.  43.  In  effect  March  30, 
1878.] 

§  1970.  The  commander-in-chief  shall  order  an 
annual  inspection  and  muster  of  the  National 
Guard  between  January  first  and  June  thirtietli, 
each  year;  the  dates  of  inspection  and  details 
thereof  shall  be  determined  by  the  division,  brig- 
ade, and  naval  battalion  commanders,  respective- 
ly; and  the  commanding  otticer  of  each  company 
must  malvc  out  and  certify  the  necessary  muster 
rolls,  showing  the  names  and  number  of  the  mem- 
bers of  the  company,  the  officers  in  the  order  of 
their  ranli,  and  the  privates  in  alphabetical  order, 
and  also  a  list  of  the  ordnance,     ordnance  stores, 


405  Companies  aud  Arms.     §§  1971-1973 

clothing,  and  other  property  of  the  State,  in  the 
possession  of  the  company.  He  must  transmit, 
through  the  proper  military  channels,  one  copy  of 
the  roll  and  list  attached  to  each  superior  head- 
quarters. [Amendment  approved  April  1,  1897; 
Amendments  1897,  ch.  cclxi.  In  effect  immediate- 
ly.] 

Act  avithorizing  acquisition  of  site  for  camp  of 
instruction:  See  post.  Appendix,  p.  10-J  7. 

§  1971.  If  such  company  forms  a  part  of  any 
organized  battalion  or  regiment,  the  commanding 
officer  thereof  must  transmit  the  same,  with  a 
muster  roll  of  the  field  and  staff  officers  of  his 
regiment  or  battalion,  to  the  adjutant  general, 
through  the  proper  channels  of  military  corres- 
pondence. 

§  1972.  When  any  regiment  or  battalion  is 
composed  of  companies  located  in  any  one  town 
or  city  of  the  State,  the  same  may  be  mustered 
by  its  commanding  officer  as  a  regiment  or  bat- 
talion. 

§  1973.  1.  Any  commissioned  officer  who  has 
become  disabled  and  incapable  of  longer  perform- 
ing the  active  duties  of  his  office  may,  upon  his 
own  application,  be  placed  upon  the  retired  list; 
provided,  that  such  disability  may  have  been  In- 
curred while  in  the  performance  of  duty. 

2.  If  an  otiicer  for  either  of  the  above  reasons, 
desires  to  be  placed  upon  the  retired  list,  he  shall 
make  ajjplication  to  his  brigade  commander  to  ap- 
point a  board  of  surgeons,  wlio  shall  examine  him 
as  to  his  disability,  and  if  such  disability  has  not 
been  incurred  by  reason  of  any  dereliction,  they 
shall,  if  they  deem  proper,  recommend  that  his 
application  be  granted;  and  upon  approval  of 
such  application  by  the  brigade  commander  and 
the  commander-in-chief,  the  adjutant-general  shall 
issue  orders  retiring  sucli  officei*. 

3.  Any  commissioned  officei*.  who  shall  have 
served  as  such  in  the  National  Guard  of  this 
State  for  a  continuous  period  of  eight  years,  or  for 
a  period  not  continuous,  of  ten  years,  may,  upon 
his  own  application,  be  placed  upon  the  retired  list 
and  withdrawn  from  active  service  and  command 
with  the  rank  held  by  him  at  the  time  such  appli- 
cation is  made.     And  any  commissioned  officer. 


§  1974  Companies  and  Arms.  406 

who  sJiall  have  at  any  time  heretofore  served  as 
such  in  the  militia  or  National  Guard  of  this  State 
for  a  continuous  period  of  eight  years,  shall,  upon 
his  own  application  and  due  proof  of  such  service, 
be  placed  upon  the  retired  list  with  the  rank  held 
by  him  at  the  time  of  the  expiration  of  his  com- 
mission. Upon  applications,  as  above  provided, 
being  duly  made  and  approved,  the  commander-in- 
chief  shall  cause  orders  to  be  issued  retiring  the 
officer  who  makes  application  therefor  in  accord- 
ance with  the  provisions  of  this  section;  provided, 
however,  that  nothing  herein  contained  shall  be 
construed  to  permit  the  placing  upon  the  I'etired 
list  of  any  officer  who  shall  have  been  dishonor- 
ably dismissed  from  the  service. 

4.  The  officers  on  the  retired  list  shall  only  be 
subject  to  detail  for  duty  by  orders  from  the  com- 
mander-in-chief; and  he  shall  cause  to  be  issued 
such  orders  as  he  may  deem  necessary,  detailing 
them  for  duty  upon  boards  of  officers  for  military 
purposes,  courts-martial,  and  courts  of  inquiry, 
and  for  such  other  military  duties  .as,  in  his  .iudg- 
ment,  may  be  advisable.  AYhen.  however,  officers 
on  the  retired  list  are  detailed  for  active  duty  oth- 
er than  upon  boards  of  officers,  courts-martial, 
and  courts  of  inquiry,  they  shall  only  be  entitled 
to  the  rank  which  properly  belongs  to  the  office, 
the  duties  of  which  they  are  detailed  to  i)erform. 
When  the  duty  ends,  or  the  detail  is  canceled,  the 
officer  shall  again  return  to  the  retired  list  with 
his  former  retired  rank.  A  roster  of  all  officers 
on  the  retired  list  shall  be  kept  in  the  adjutant- 
general's  office,  division  headquarters,  and  at  the 
brigade  headquarters. 

5.  Officers  on  the  retired  list  shall,  on  all  occa- 
sions of  dutv.  and  all  occasions  of  ceremony,  take 
rank  next  to  officers  of  like  rank  upon  the  active 
list.  [Amendment  approved  April  1.  1897;  Amend- 
ments 1897,  ch.  cclxi.    In  effect  immediately.] 

§  1974.  1.  Every  elected  or  staff  officer  of  tlie 
Natiiinal  Guard  must,  upon  his  appointment  or  re- 
appointment, election  or  re-election,  to  any  office 
in  the  National  Guard,  appear  before  an  examin- 
ing board  for  examination  as  to  his  qualifications 
for  the  office  to  which  he  has  been  appointed  or 
reappointed,  elected  or  re-elected:  provided,  that 
the  provisions  of  this  section  do  not  apply  to  sur- 
geons, judges-advocate,  chaplains,  or  the  staff  of 
the  commander-in-chief; 


407  Companies  and  Arms.  §  1975 

2.  Such  boards  shall  consist  of  three  officers  for 
each  brigade,  three  officers  for  the  naval  battal- 
ions, and  three  officers  for  the  division  staff.  All 
of  such  boards  to  be  designated  by  the  command- 
er-in-chief, and  to  be  removable  at  his  pleasure; 

.'5.  The  officer  duly  appointed  to  preside  at  any 
election  shall,  immediately  after  declaring  the  re- 
sult of  such  election,  notify  the  officer  or  officers 
elected  that  they  must  appear  before  the  examin- 
ing board  for  examination,  when' notified  by  that 
board ; 

4.  If  the  officer  elected  or  re-elected,  and  duly 
notified,  does  not  appear  before  tlie  said  examin- 
ing board  when  summoned  by  them,  he  shall  be 
deemed  to  have  declined  liis  commission,  and  there 
shall  be  another  election  ordered.  The  filing  of  a 
proper  certificate  of  said  -board  with  the  officer 
ordering  the  election,  that  the  officer  has  failed 
to  pass  an  examination,  or  declined  to  appear  be- 
fore the  board  wlieu  notified,  shall  be  deemed  suf- 
fl.cient  for  ordering  a  new  election.  [Amendment 
approved  April  1,  1897;  Amendments  1897,  ch. 
cclxi.    In  effect  immediately.] 

§  1975.  The  board  shall  thoroughly  examine 
the  candidate  for  commission  as  to  his  militax'y 
and  general  qualifications,  and  if,  in  the  opinion 
of  the  majority  of  the  board,  he  is  duly  qualified, 
tlie  fact  shall  be  dul.Y  certified  to  the  commander- 
in-chief.  The  board  shall  examine  the  candidate 
for  a  commission  as  to  his  Ivuowledge  in  the  fol- 
lowing: 

1.  The  prescribed  tactics. 

2.  The  I'ules  and  regulations  governing  the 
United  States  army  and  the  National  Guard  of 
California. 

3.  The  revised  articles  of  war. 

4.  The  revisions  of  the  Codes  of  California  rela- 
tive to  the  National  Guard. 

5.  Forms  of  military  orders,  correspondence,  rec- 
ords, and  also  as  to  general  qualifications. 
[Amendment  approved  April  1.^),  1880;  Amend- 
ments 1880,  p.  .5.3.    In  effect  April  1.5,  1880.] 

Changes  in  section— inserted  by  amendments 
1878  (see  Stats.  1878,  pp.  ^.i~^.  44).  Amendment  of 
1880  (Stats.  1880.  p.  217  or  ,53)  purported  to  repeal 
section  of  1878.  but  named  erroneous  date,  yet,  as 
last  expression  of  legislative  will,  is  probably  in 
force. 


§§  1976,1977  Companies  and  Arms.  408 

§  1976.  Application  or  propositions  for  mem- 
bersliip  in  any  troop,  battery,  naval  division,  or 
company  of  the  National  Guard  shall  be  made 
only  at  a  regular  weelily  meeting  or  assemblage 
of  such  organization;  and  the  names  of  such  ap- 
plicants shall  be  posted  in  a  conspicuous  place  in 
its  headquarters  or  armory,  until  the  next  su<?- 
ceeding  regular  weelily  meeting  or  assemblage  of 
such  organization,  at  which  time,  and  not  before 
such  applicants  may  be  balloted  for.  [Amend- 
ment approved  April  1,  1897;  Amendments  1897, 
ch.  cclxi.     In  effect  immediately.] 

§  1977.  1.  No  soldier  shall  -wear  or  use,  except 
when  on  military  duty,  or  by  special  permission  of 
his  commanding  officer,  any  uniform  or  other  ar- 
ticle of  military  property  belonging  to  the  State, 
or  to  the  company  of  Avhich  he  is  a  member. 

2.  No  officer  in  charge  of  public  property  for 
military  use  shall  transfer  any  portion  thereof 
either  as  a  loan  or  permanently,  without  the  au- 
thority of  the  next  superior  commander. 

3.  Although  an  officer  who  has  receipted  for 
public  property  is  personally  and  officially  account- 
able therefor,  yet  all  commanding  officers  are  also 
responsible  that  the  best  arrangements  are  made 
for  the  security  and  safety  of  all  public  property 
within  their  commands,  and  for  the  strict  observ- 
ance of  the  regulations  in  regard  to  its  care,  re- 
moval, use,  or  issue.  It  is,  therefore,  their  duty 
to  see  that  none  but  faithful  and  reliable  persons 
are  employed  for  its  care,  or  allowed  control  over 
or  access  to  it. 

4.  No  parade  or  voluntary  service  shall  be  per- 
formed by  any  regiment,  battalion,  or  company 
under  arms,  or  in  uniform,  without  the  approval 
of  the  next  superior  authority.  [New  section  ap- 
proved April  15,  1880;  Amendments  1880,  p.  53. 
In  effect  ApriM5,  1880.] 


409  Regiments  and  Battalions.  §  1980 

ARTICLE  III. 

REGIMENTS  AND   BATTALIONS. 

§  1980.  Signal   corps. 

§  1981.  Hospital  and  ambulance  corps. 

§  1982.  Regiments  and   battalions   of   National    Guard. 

§  1983.  Regiments  of  cavalry. 

§  1984.  Field    officers,    number   and    designation. 

§  1985.  Mode   of  election. 

§  1986.  Returns   of  election. 

§  1987.  Battalions   of   light  artillery. 

§  1988.  Officers    and    regulations    for. 

§  1989.  Drills    of. 

§  1990.  Staffs  of  Colonel,  Lieutenant  Colonel,   and  Major. 

^  1991.  Chaplains. 

§  1992.  Drum  or  trumpet  corps. 

§  1993.  Bands. 

§  1980.  There  shall  be  mustered  in  and  attach- 
ed to  the  National  Guard  a  detachment  of  signal- 
men, which  shall  be  divided  into  three  signal 
corps,  each  to  consist  of  not  less  than  twenty. 
nor  more  than  forty-five  men;  provided,  that  each 
corps  shall  be  located  in  its  entirety  at  one  place. 
Each  corps  of  forty  men,  or  over,  shall  be  offi- 
cered by  one  captain,  one  first  lieutenant,  three 
sergeants,  and  four  corporals.  Each  corps  of  less 
than  forty  men  shall  be  officered  by  one  first  lieu- 
tenant, three  sergeants,  and  four  corporals.  The 
commissioned  officers  shall  be  elected,  qualify,  and 
serve  as  is  provided  for  other  officers  of  the  line. 
The  non-commissioned  officers  sliall  be  appointed 
by  the  brigade  commander  upon  recommendation 
of  the  brigade  signal  officer.  The  brigade  signal 
officer  shall  have  direct  supervision  of  the  detach- 
ment of  signal  corps  and  the  corps  commander 
shall  report  to  him  direct.  Whenever  the  signal 
corps  shall  be  mounted  in  the  performance  of  ac- 
tive duty,  each  officer  and  man  so  mounted  shall 
receive  a  per  diem  of  two  dollars  during  the  time 
of  such  service.  Whenever  a  state  appropriation 
shall  be  made  for  supplying  horses  to  mounted 
officers  and  command,  the  signal  corps  shall  re- 
ceive a  proportionate  allowance  from  said  fund: 
provided,  that  mounted  seiwice  is  being  performed 
by  the  corps  at  such  time.  [Amendment  approved 
April  1,  1897;  Amendments  1897,  ch.  cclxi.  In  ef- 
fect immediately.] 
Pol.  Code— 35. 


§§  1981-1985  Regiments  and  Battalions.  410 

§  1981.  Each  brigadier-general  commanding  a 
brigade,  with  the  consent  of  the  commander-in- 
chief,  may  muster  in  and  attach  to  it  a  hospital 
and  ambulance  corps,  consisting  of  not  to  exceed 
twelve  men  for  each  regiment  in  this  brigade. 
Such  corps  shall  have  such  commissioned  and 
non-commissioned  officers  as  the  commander-in- 
chief  shall  prescribe,  and  shall  report  directly  to 
the  brigade  commander,  who  shall  appoint  such 
non-commissioned  officers  as  may  be  prescribed. 
When  for  drill,  or  in  the  performance  of  duty,  any 
expense  shall  be  incurred  by  any  such  corps,  such 
expense  shall  be  paid  by  the  State;  provided,  that 
the  same  shall  have  been  first  authorized  by  the 
commanding  officer  of  the  brigade,  aftei-^-ai-d  ap- 
proved by  such  commanding  officer  and  superior 
officers,  as  provided  by  law  in  the  case  of  other 
commands.  [Amendment  approved  April  1.  1897; 
Amendments  1897,  ch.  cclxi.  In  effect  immediate- 
ly.] 

§  1982.  A  regiment  of  the  National  Guard  con- 
sists of  not  less  than  eight,  nor  more  than  twelve 
companies.  Each  regiment  shall  be  divided  into 
battalions,  of  not  less  than  four  companes. 
[Ameudment  approved  April  1,  1897;  Amendments 
1897,  ch.  cclxi.     In  effect  immediately.] 

§  1983.  Regiments  of  cavalry  and  artillery 
shall  consist  of  such  troops,  batteries,  and  officers 
as  are  provided  for  sucli  organizations  in  the 
United  States  army,  when  the  National  Guard 
shall  contain  sufficient  troops  or  batteries  to  form 
regiments  under  tliose  provisions.  [Amendment 
approved  Idarch  26,  1895;  Stats.  1895,  p.  185.  In 
effect  March  26.  1895.] 

§  1984.  The  field  officers  of  a  regiment  are  one 
colonel,  one  lieutenant-colonel,  and  one  major  for 
each  battalion.  The  field  officer  of  a  battalion  is 
one  major.  No  person  shall  be  eligible  for  elec- 
tion as  a  field  officer  unless  he  shall  have  served 
at  least  two  years  in  the  National  Guard  of  this 
State  as  a  line  officer.  [Amendment  approved 
April  1,  1897;  Amendments  1897,  ch.  cclxi.  In 
effect  immediately.] 

§  1985.  Such  officers  are  elected  by  the  com- 
missioned officers  of  the  different  companies  com- 
prising a  regiment  or  battalion;  and  if  the  reg- 


411  Regiments  and  Battalions.  §§  1986-1988 

iment  or  battalion  is  already  formed,  by  all  the 
commissioned  officers  thereof  excepting  staff  of- 
ficers, and  they  shall  hold  office  for  the  term  of 
four  years.  Upon  application  of  the  officers  enti- 
tled to  elect,  the  general  of  brigade  to  which  such 
regiment  or  battalion  is  attached,  or  to  be  at- 
tached, must  appoint  a  suitable  person  to  preside 
at  the  election,  who  must  give  ten  days'  notice  of 
his  appointment,  of  the  place  of  holding  the  elec- 
tion, and  of  the  office  to  be  filled,  which  notice 
shall  be  issued  and  promulgated  as  orders  usually 
are  in  the  command.  The  brigade  commander 
maj'  oi'der  an  election  for  field  or  line  officers  if 
application  is  not  made  for  an  order  for  an  elec- 
tion within  two  months  after  the  vacancy  occurs, 
or  after  tlie  expiration  of  the  terra  for  which  the 
officer  was  last  elected.  [-Amendment  approved 
March  2G,  1895;  Stats.  1895,  p.  185.  In  effect 
March  26,  1895.] 

§  1986.  Such  presiding  officer  must  make  re- 
turn in  duplicate  of  the  election  held,  to  the  offi- 
cer ordering  the  election,  who  shall  forward  one 
copy  of  said  election  return  to  the  examining 
board  of  such  organization,  and  shall  retain  the 
other  copy  at  his  headquarters.  Upon  receiving 
notice  from  the  examining  board  that  the  officer 
or  officers  elect  have  passed  a  successful  examin- 
ation, which  notice  shall  be  indorsed  upon  the  re- 
turn of  election  sent  to  said  board,  he  shall  for- 
ward the  same  through  regular  military  channels 
for  approval  to  the  adjutant-general,  who,  upon 
finding  the  same  in  accordance  with  the  provisions 
of  law,  orders,  and  regulations,  must  notify  the 
commander-in-chief  thereof  for  his  consideration, 
who,  if  he  approves,  shall  issue  the  commission. 

In  all  elections  for  commissioned  officers  a  ma- 
jority of  the  votes  of  those  present  (a  majority  of 
those  entitled  to  vote  being  present)  shall  be  ne- 
cessary to  a  choice.  [Amendment  approved  April 
1,  1897;  Amendments  1897,  ch.  eclxi.  In  effect 
immediately.] 

§  1987.  [Repealed  March  26,  1895;  Stats.  1895, 
p.  186.    In  effect  March  26,  1895.] 

§  1988.  [Repealed  March  26,  1895;  Stats.  1895, 
p.  186.    In  effect  March  26,  1895.] 


§§  1989-1991  Regiments  and  Battalions.  412 

§   1989.     [Repealed  March  26,  1895;  Stats.  1895, 
p.  186.    In  effect  March  26,  1895.] 

§  1990.    The  staff  of  a  colonel  commanding  a 
regiment  consists  of  one  surgeon,   with   rank   of 
major;  one  adjutant,  with  rank  of  captain;   one 
assistant  surgeon  for  each  battalion,  with  rank  of 
captain:  such  surgeons  to  be  appointed     as     pre- 
scribed by  section  two  thousand  and  nine  of  Polit- 
ical Code;  one  chaplain,  with  rank  of  captain;  one 
battalion  adjutant  for  each  battalion,  one  quarter- 
master (who  shall  also  act  as     paymaster),     one 
commissary,  one  inspector  of  rifle  practice  (who 
shall  be  ordnance  oflicer).  each  with  the  rank  of 
first  lieutenant;  one  sergeant-major,  one  principal 
musician,   one  quartermaster-sergeant,  one     com- 
missary-sergeant, one  hospital  steward,  two  color 
sergeants,  one  battalion  sergeant-major,  for  each 
battalion,  one  drum  major.     All  of  whom,  except 
the  surgeons,  shall  be  appointed  by,  and  hold  of- 
fice at  the  pleasure  of  the  colonel,  or  until  their 
successors  are  appointed  and  qualified.     The  staff 
of  a  major  commanding  an  unattached  battalion 
consists  of  one  adjutant,  with  the  rank     of  first 
lieutenant;  one  assistant  surgeon,  with  the  rank 
of  captain;  one  commissary  (who    shall    also    be 
quartermaster),  one  inspector  of  rifle  practice  (who 
shall  also  be  ordnance  officer),  eacli  with  the  rank 
of  second  lieutenant;     one     sergeant-major,     one 
commissary-sergeant  (who  shall    also  be  quarter- 
master-sergeant),  one  hospital  steward,   and  two 
color  sergeants.    All  of  whom,  except  the  surgeon, 
shall  be  appointed  by  such   commanding  officer, 
and   hold  office  at  their  pleasure,   or  until  their 
successors  are  appointed  and  qualified.     [Amend- 
ment approved  April  1,  1897;  Amendments  1897, 
ch.  cclxi.    In  effect  immediately.] 

§  1991.  All  surgeons  and  assistant  surgeons  of 
the  National  Guard  shall  be  of  at  least  five  years' 
practice  in  sursery  prior  to  their  appointment;  all 
judges  advocate  of  the  National  Guard  shall  be 
members  of  the  bar  of  the  supreme  court  of  the 
State  of  California:  all  engineer  officers  of  the  Na- 
tional Guard  shall  be  regular  civil  engineers;  all 
chaplains  shall  be  regularly  ordained  ministers. 
[New  section  approved  March  26,  1895;  Stats. 
1895,  p.  186.     In  effect  March  26,  1895.] 


413  Division  and  Brigades.   §§  1992-2003 

§  1992.  Commanders  of  regiments,  battalions, 
and  unattached  companies  may  concentrate  tlie 
drummers,  fifers,  and  trumpeters  of  their  respec- 
tive commands,  and  organize  the  same,  under  the 
principal  musician,  as  the  field  music  of  their  re- 
spective commands.  [Amendment  approved  March 
9,  1893;  Stats.  1893,  p.  106.] 

§  1993.  When  bands  of  music  have  not  been 
organized  for  any  regiment  or  battalion  in  the 
manner  provided  in  the  regulations  of  the  army 
of  the  United  States,  such  regiment  or  battalion, 
through  its  commanding  officer,  may  hire  the  ser- 
vices of  any  band  of  musicians  at  their  own  ex- 
pense; and  the  persons  so  employed  are,  during 
the  term  of  their  engagement,  subject  to  the  same 
laws  and  I'egulations  that  govern  the  military  with 
which  they  may  serve. 


ARTICLE  IV. 

DIVISION  AND   BRIGADES. 

§  2003.  Number    of   brigades. 

§  2004.  The  brigades  compose   one   division. 

§  2005.  New   counties,    how   attached. 

§  2006.  Staff   of   Major   General. 

§  2007.  Staff    of    Brigadier    General. 

§  2008.  Inspectors  of  rifle  practice. 

§  2009.  Sanitary   corps. 

§  2003.  The  National  Guard  of  the  State  of 
California  is  hereby  organized  into  three  brigades, 
each  commanded  by  a  brigadier-general;  the  lim- 
its of  each  l)rigade  to  be  fixed  by  the  commander 
in-chief.  All  officers  deprived  of  office  by  reason 
of  the  act  approved  March  twenty-sixth,  eighteen 
hundred  and  ninety-five,  are  hereby  placed  upon 
the  retired  list,  with  the  ranlv  held  by  each  one 
when  said  act  went  into  effect.  [Amendment  ap- 
proved April  1,  1897;  Amendments  1897,  ch,  cclxi 
In  effect  immediately.] 

There  was  also  passed  at  the  same  session  the 
following  section  of  the  same  number: 

2003.  The  National  Guard  of  the  State  of  Cali- 
fornia is  hereby  organized  into  three  brigades, 
each  commanded  by  a  brigadier-general,  the  lim- 


§  2003  Division  and  Brigades.  414 

its  of  each  brigade  to  be  fixed  by  the  commander- 
in-chief.  Brigadier-generals  and  their  staff  offi- 
cers, colonels,  and  their  staff  officers,  and 
all  regimental  and  company  officers  deprived 
of  their  office  by  reason  of  the  reorganiza- 
tion herein  provided  for,  or  by  reason  of  the  pro- 
visions of  an  act  of  the  Legislature,  approved 
March  twenty-sixth,  eighteen  hundred  and  ninety- 
five,  entitled  "An  act  to  amend  sections  one  thou- 
sand nine  hundred  and  twelve,  one  thousand  nine 
hundred  and  nineteen,  one  thousand  nine  hundred 
and  twenty-three,  one  thousand  nine  hundred  and 
twenty-nine,  one  thousand  nine  hundred  and  thir- 
ty-two, one  thousand  nine  hundred  and  forty-two, 
one  thousand  nine  hundred  and  sixty-two,  one 
tliousand  nine  hundred  and  seventy,  one  thousand 
nine  hundred  and  eighty,  one  thousand  nine  hun- 
dred and  eighty-tliree,  one  thousand  nine  hundred 
and  eighty-four,  one  thousand  nine  hundred  and 
eighty-five,  one  thousand  nine  hundred  and  ninety, 
two  thousand  and  three,  two  thousand  and  four, 
two  thousand  and  seven,  two  thousand  and  twen- 
ty-two, two  thousand  and  twenty-four,  two  thou- 
.sand  and  twenty-seven,  two  thousand  and  forty, 
two  thousand  and  forty-eight,  two  thousand  and 
seventy-six,  two  thousand  and  eighty-three,  two 
thousand  and  ninety-four  of  the  Political  Code  of 
the  State  of  California,  and  to  add  one  new  section 
thereto,  to  be  known  and  numbered  as  section  one 
thousand  nine  hundred  and  ninety-one,  and  to  re- 
peal section  one  tliousand  nine  hundred  and  eigh- 
ty-seven, one  thousand  nine  hundred  and  eighty- 
eight,  one  thousand  nine  hundred  and  eighty-nine, 
and  two  thousand  and  five,  all  relating  to  the  Na- 
tional Guard  of  California."  and  all  officers  mus- 
tered out  of  the  service  by  reason  of  such  reor- 
ganization under  general  orders  fi-om  the  adju- 
tant-general's office  of  the  State  of  California, 
numbers  eight,  ten.  eleven,  thirteen,  seventeen. 
series  of  eighteen  hundred  and  ninety-five,  and 
general  orders  numbers  two  and  three,  series  of 
eighteen  himdred  and  ninety-six,  respectively; 
provided,  such  officers  shall  have  served  as  com- 
missioned officers  at  least  five  years  in  the  Nation- 
al Guard  of  California,  be  and  the  same  hereby 
are  placed  upon  the  retired  list  with  their  rank: 
provided,  that  such  officers  shall  make  application 
to  be  placed  on  the  retired  list  in  accordance  with 


415  Division  and  Brigades.    §§  2004-2007 

subdivision  three  of  section  nineteen  liundred  and 
seventy -tliree  of  tlie  Political  Code,  and  tliat  all 
enlisted  men  mustered  out  of  the  service  under 
the  provisions  of  tlie  reorganization  of  tlie  Nation- 
al Guard  of  California,  mentioned  in  section  one 
of  this  act.  shall  be.  and  the  same  hereby  are  en- 
titled to  all  of  the  privileges  and  exemptions  men- 
tioned in  section  nineteen  hundred  and  thirty-six 
of  the  Folitical  Code,  upon  making  a  proper  appli- 
cation tlierefor;  provided,  such  enlisted  men  shall 
have  served  at  least  live  years  in  the  National 
Guard  of  California.  [Amendment  approved 
Marcli  11,  1897;  Amendments  1897,  ch.  cli.  In  ef- 
fect immediately.] 

§  2004.  The  three  brigades  of  the  National 
Guard  compose  a  division. commanded  by  a  ma- 
jor general.  [Amendment  approved  March  26, 
1895;  Stats.  1895,  p.  187.  In  effect  March  26, 
1895.  J 

§  2005.  [Repealed  March  26,  1895;  Stats.  1895, 
p.  187.    In  effect  March  26,  1895.] 

§  2006.  The  staff  of  the  major-general  consists 
of  one  assistant  adjutant-general,  with  the  rank  of 
colonel,  who  shall  be  chief  of  staff;  one  engineer 
officer,  one  division  inspector,  one  quartermaster, 
one  commissary,  one  paymaster,  one  ordnance  of- 
ficer, one  judge-advocate,  one  inspector  of  rifle 
practice,  and  one  signal  officer,  each  with  the 
rank  of  lieutenant-colonel;  one  surgeon  with  the' 
raulc  of  colonel,  two  aides-de-camp  with  the  rank 
of  major,  and  four  staff  orderlies  with  tlie  rank  of 
sergeant-major,  all  of  whom,  except  the  surgeon, 
shall  be  appointed  by  the  major-general,  and  hold 
office  at  his  pleasure,  or  until  their  successors  are 
appointed  and  qualified.  The  surgeon  mentioned 
in  this  section  shall  be  appointed  as  prescribed  by 
section  two  thousand  and  nine  of  the  Political 
Code.  [Amendment  approved  April  1,  1897; 
Amendments  1897,  ch.  cclxi.  In  effect  immediate- 
ly.] 

§  2007.  The  staff  of  the  brigadier-general  con- 
sists of  one  assistant  adjutant-general,  with  the 
rank  of  lieutenant-colonel,  who  shall  be  chief  of 
staff;  one  engineer  officer;  one  brigade  inspector; 
one  quartermaster,  who  shall  act     as  paymaster; 


§  2008  Division  and  Brigades.  416 

one  commissary,  one  judge-advocate;  one  inspec- 
tor of  rifle  practice,  who  shall  also  act  as  ordnance 
officer,  and  one  signal  officer,  each  with  the  ranli 
of  major;  one  surgeon,  with  the  ranli  of  lieuten- 
ant-colonel; two  aides-de-camp,  with  the  ranli  of 
captain,  and  two  staff  orderlies,  with  the  ranli  of 
sergeant-major.  All  of  whom,  except  the  surgeon, 
shall  be  appointed  by  the  brigadier-general,  and 
hold  office  at  his  pleasure,  or  until  their  success- 
ors are  appointed  and  qualified.  The  surgeon 
mentioned  in  this  section  shall  be  appointed  as 
prescribed  by  section  two  thousand  and  nine  of 
the  Political  Code.  [Amendment  approved  April 
1,  1897;  Amendments  1897,  ch.  cclxi.  In  effect 
immediately.] 

§  2008.  It  shall  be  the  duty  of  the  inspector- 
general  of  rifle  practice  to  exercise  general  super- 
vision over  the  rifle  practice  of  the  National 
Guard;  to  inspect,  or  cause  to  be  inspected,  from 
time  to  time,  all  ranges  and  practice  grounds,  and 
see  that  the  prescribed  regulations  for  rifle  prac- 
tice are  carried  out  by  the  National  Guard,  and 
that  the  proper  returns  thereof  are  made  out:  to 
report  direct  to  general  headquarters,  from  time 
to  time,  the  improvement  in  marksmanship  among 
the  uniformed  forces,  together  with  all  other  mat- 
ters pertaining  to  his  duties.  Commanders  of 
brigades,  regiments,  and  companies  shall  furnish 
to  the  inspector-general  of  rifle  practice  such  in-» 
formation  as  he  shall  require  in  regard  to  the  rifle 
•practice  of  their  commands,  and  as  to  the  num- 
ber and  condition  of  all  targets  or  other  military 
property  of  the  State  issued  to  their  respective 
commands  for  use  in  rifle  practice;  and  if,  at  the 
conclusion  of  his  inspection  of  any  armory,  range, 
or  practice  ground,  he  shall  find  any  propei-ty  ap- 
pertaining to  rifle  practice,  which  ought  to  be  kept 
therein,  missing,  injured,  unfit  for  use,  or  deficient 
in  any  respect,'  or  that  such  range  or  practice 
ground  is  dangerous,  he  shall  forthwith  report  the 
facts  in  respe^ct  thereto  to  general  headquarters. 
He  may,  from  time  to  time,  examine  the  officers 
upon  the  theory  and  practice  of  marksmanship, 
and  upon  the  system  of  instruction  of  rifle  prac- 
tice. It  shall  be  his  duty  to  attend,  as  far  as 
practicable,  all  general  competitions  in  marks- 
manship among  the  National  Guard,  and  see  that 
such  competitions  are  conducted  with  fairness  and 
according  to  prescribed  regulations.       He     shall 


417  Division  and  Brigades.  §  2008 

make  an  annual  report  to    general  headquarters, 
in  which  he  shall  state  the  result  of  all  competi- 
tions in  marlvsmanship,  with  the  names    of    the 
winners,    together   with    such    suggestions   as    he 
may  see  fit.    The  brigade  inspectors  of  rifle  prac- 
tice shall  have  supervision  of  all  matters  apper- 
taining to  rifle  practice  within  the  limits  of  their 
respective  brigades,   under  the  direction     of  the 
brigade  commander,  as  above  prescribed  for  the 
inspector-general  of  rifle  practice.     They  shall  re- 
port to  sucli  inspector-general     of    rifle    practice, 
whenever  required  by  him,  tlie  condition  of  rifle 
practice  in  their  respective  brigades,  and     what 
practice  of  tliat  description  has  been  carried  on 
during  acy  period,  and  shall  also,  at  his  request, 
report  to  him  upon  any  matter  relating  to     rifle 
practice  Avhich   may  requii'e   examination  within 
their  respective  brigades.     They  shall  attend  the 
competition  for  any  prizes  that  may  be  offered  by 
the  State  to  the  command  to  whicli  they  are  at- 
tached, or  that  may  be  arranged  between  any  of 
the  companies  of  their  brigades,  and  see  that  the 
same  are  conducted  witli  fairness  and  according 
to  the  prescribed  regulations  for  such  competitive 
matches,   and   report   to   the   inspector-general  of 
rifle  practice  the  result  of  such  competitions,  with 
the  names  of  the  winners,  together  with  sucli  sug- 
gestions as  they  may  see  fit  to  make.     Regiment- 
al and  battalion  inspectors  of  rifle  practice  shall 
have   supervision  of  all  matters   appertaining  to 
rifle  practice  within  the  limits  of  their  respective 
regiments  or  battalions,  as  prescribed  for  the  brig- 
ade inspector  of  rifle  practice.     They  shall  report 
to  said  brigade  inspector  of  their  respective  brig- 
ades,  the   condition  of  rifle  practice  in  their  re- 
spective regiments  or  battalions,  and  what  prac- 
tice has  been  carried  on  during  any  period,  and 
shall  also,  at  his  request,  report  to  him  upon  any 
matter  relating  to  rifle  practice  which  may  require 
examination  within  their  respective  regiments  or 
battalions.     They   shall   attend    the   competitions 
for  any  prize  that  may  be  offered,  or  that  may  be 
arranged  between  any  of  the  companies  of  their 
respective  regiments  or  battalions,  and  see  that 
the  same  are  conducted  witli  fairness  and  accord- 
ing to  the  prescribed   regulations  for  such   com- 
petitive matches,   and   report  to  the  brigade  in- 
spector of  rifle  practice  the  result  of  all  such  com- 


§  2009  Division  and  Brigades.  418 

petitions,  witli  the  names  of  the  winners,  togeth- 
ei-  M'ith  such  suggestions  as  they  may  see  fit. 

[New  section  approved  April  1.  1897;  Amend- 
ments 1897,  eh.  cclxi.      In  effect  immediately.] 

§  2009.  1.  The  medical  department  of  the  Na- 
tional Guard  of  California  is  liereby  organized  in- 
to a  sanitary  corps,  which  shall  consist  of  one  sur- 
geon-general, with  the  rank  of  colonel,  who  shall 
be  the  executive  head  of  the  corps,  and  such  num- 
ber of  commissioned  officers,  non-commissioned 
otiicers,  and  privates  as  may  be  required  to  fur- 
nish an  efficient  service  for  the  organized  strength 
of  the  National  Guard. 

2.  The  commissioned  strength  of  the  sanitary 
corps  shall  be  determined  by  the  organization  of 
the  National  Guard,  to-wit:  To  each  organized  di- 
vision, one  chief  sura-eon.  with  the  ranli  of  colo- 
nel; to  each  organized  brigade,  one  chief  surgeon, 
with  the  ranl<  of  lieutenant-colonel;  to  each  or- 
ganized regiment,  one  surgeon,  with  the  ranli  of 
major;  and  a  surgeon,  with  the  rank  of  captain, 
for  each  battalion. 

3.  The  appointment  of  the  commissioned  officers 
of  the  sanitary  corps  shall  be  made  by  the  com- 
mander-) n-cliief,  upon  the  recommendation  of  the 
division,  brigade,  regimental,  or  battalion  com- 
manders. 

4.  The  commander-in-chief  is  hereby  authorized 
to  transfer  enlisted  men  of  the  National  Guard  to 
the  sanitary  corps,  or  cause  to  be  enlisted  for  the 
same  as  many  hospital  sergeants,  hospital  corpo- 
rals, and  privates  as  the  service  may  require,  wlio 
may  be  mounted,  and  permanentl.v  attached  to  the 
sanitary  corps,  under  such  regulations  as  the 
commander-in-chief  may  prescribe. 

5.  No  person  shall  receive  the  appointment  of 
surgeon  unless  he  is  a  licensed  graduate  of  a  med- 
ical scliool,  and  unless  he  shall  have  been  exam- 
ined and  approved  by  a  medical  board,  consisting 
of  not  less  than  three  surgeons,  designated  by  the 
commander-in-chief,  upon  the  recommendation  of 
the  surgeon-general. 

6.  No  person  shall  be  transferred  to  or  enlisted 
into  the  sanitary  corps  unless  he  shall  have  passed 
a  satisfactory  examination,  as  to  his  qualifications 
before  a  board  of  medical  officers,  to  be  appointed 
by  the  commander-in-chief,  upon  the  recommen- 
dation of  the  surgeon-general. 


419  Parades    and    Drills.  §  2018 

7.  Assi.gnments  of  commissioned  and  non-com- 
missioned officers  and  privates  of  the  sanitary 
corps  sliall  be  made,  and  their  duties  prescribed 
by  the  commander-in-chief,  upon  the  recommenda- 
tion of  the  surgeon-general. 

8.  Privates  of  the  sanitary  corps  shall  do  duty 
as  cooks,  nurses,  and  attendants  in  hospitals,  and 
as  stretcher-bearers  and  ambulance-drivers  and 
attendants  in  the  field,  and  such  other  duties  as 
may  be  required  of  them  by  proper  authority. 

9.  The  pay  and  emoluments  of  members  of  the 
sanitary  coi'ps  shall  be  the  same  as  provided  by 
law  for  the  pay  of  troops  of  the  National  Guard; 
they  shall  be  subject  to  detail  by  the  surgeon- 
general. 

10.  The  sanitary  crops  shall  be  equipped  and  un- 
iformed the  same  as  the  same  department  in  the 
United  States  army.  The  funds  to  be  expended 
by  this  department  shall  be  expended  by  the  au- 
thority of  the  commander-in-chief,  upon  the  rec- 
ommendation of  the  surgeon-general. 

[New  section  approved  April  1.  1897;  Amend- 
ments  1S97,    ch.   cclxi.    In   effect   immediately.] 


>  ARTICLE  Y. 

PARADES   AND   DRILLS. 

§  2018.  Parades,  time  of. 

§  2019.  Public    receptions    and    celebrations. 

§  2020.  Companies  parading  with  less  than  thirty-two  mem- 
bers   may   be    disbanded. 

§  2021.  Exemptions  from   arrest. 

§  2022.  Battalion  drill,   expenses— cadets. 

§  2023.  Companies   falling  to   report  may   be  disbanded. 

§  2024.  Cavalry   drill. 

§  2025.  Drill    of   regiment    not    concentrated. 

§  2026.  Company   drills,    time   of. 

§  2027.  Weekly  company   drills   in   certain   cities. 

§  2028.  Penalty   for  absence   from    company   drills. 

§  2029.  Book  to  be  kept  showing  who  was  present  at  com- 
pany drills. 

§  2030.  Schools   for  instruction. 

§  2031.  Target  practice. 

§  2032.  Cadets. 

§  2018.  The  National  Guard  of  California  must 
parade  in  each  year  as  follows: 

1.  On  the  fourth  of  July; 

2.  For  target  practice  at  such  times  as  may  l>e 
designated  by  the  commander-in-chief,  and"  at 
least  once  in  each  year; 


§§  2019-2022      Parades  and  Drills.  420 

3.  These  parades  shall  be  made  by  brigade,  regi- 
ment, battalion,  or  company,  as  may  be  deemed 
most  advisable  by  the  commander-in-chief,  who 
shall  issue  orders  to  the  National  Guard  to  carry 
out  the  provisions  of  this  section.  [Amendment 
approved  April  1,  1897;  Amendments  1897,  ch. 
cclxi.    In  effect  immediately.] 

§  2019.  Upon  receptions,  or  upon  the  celebra- 
tion of  any  event  of  public  importance,  the  com- 
manding officer  of  the  brigade  may  order  out  any 
portion  of  the  National  Guard  under  his  command 
to  join  in  such  parade. 

§  2020.  Any  company  parading  at  any  of  the 
parades  or  drills  in  this'article  provided  for,  with 
a  less  number  than  thirty-two,  rank  and  file,  must 
be  reported  to  the  adjutant-general,  and  by  him 
notified  to  the  commander-in-chief,  Avho  in  his  dis- 
cretion may  disband  the  same. 

§  2021.  No  person  belonging  to  the  military 
forces  is  subject  to  arrest,  on  civil  process,  while 
going  to,  remaining  at,  or  returning  from  any 
place  at  which  he  may  be  required  to  attend  for 
militarv  duty.  [Amendment  approved  March  12, 
1878:  Amendments  1877-8,  p.  36.  In  effect  March 
12,  1878.] 

§  2022.  The  commander-in-chief  may  annual- 
ly order  an  encampment  for  discipline  and  drill, 
either  by  division,  brigade,  regiment,  battalion,  or 
unattached  company,  and  all  troops  assembled 
and  encamped,  under  orders  of  the  commander-in- 
chief,  for  not  less  than  seven  days,  shall  receive 
a  sum  equal  to  one  dollar  and  twenty-five  cents 
per  day  for  each  officer  and  man  regularly  on  du- 
ty in  such  camp;  provided,  that  the  aggregate  for 
each  company  of  such  last-mentioned  allowance 
of  one  dollar 'and  twenty-five  cents  per  day  shall 
not  exceed  the  sum  of  four  hundred  dollars  per 
company;  all  officers  and  men  shall  receive,  in  ad- 
dition to  the  above  allowance,  the  actiial  fare  to 
and  from  the  place  of  encampment:  and  provided 
f  urtlier,  that  Avhen  the  division  or  a  brigade  is  reg- 
ularly assembled  and  encamped  for  discipline  and 
drill  for  not  less  than  seven  days,  then,  in  addition 
to  the  above  allowance,  the  major-general,  brigad- 
ier-general, the  members  of  the  staff  of  the  com- 


421  Parades  and  Drills.       §§  2023-2027 

mander-in-chief,  and  each  staff  officer  on  the  gen- 
eral staff,  shall  receive  from  the  State  the  sum  of 
one  dollar  and  twenty-five  cents  per  day  while 
regularly  on  duty  in  such  camp;  and  provided  fur- 
ther, that  in  any  camp  held  in  pursuance  of  orders 
from  the  commander-in-chief,  all  mounted  officers 
and  enlisted  men  shall  receive  the  sum  of  two  dol- 
lars per  day  for  each  horse  necessarily  used  by 
them  at  such  encampment;  and  provided  further, 
that  by  all  officers  and  enlisted  men  of  companies 
of  the  naval  battalion  such  services  may  be  per- 
formed afloat.  Aforesaid  allowances  shall  be  paid 
only  wlien  appropriations  are  made  sufficient  for 
that  purpose.  [Amendment  approved  April  1,  1897; 
Amendments  1897,  ch.  cclxi.  In  effect  immediate- 
ly.] 

§  2023.  Any  company  failing  to  report  for  duty 
at  such  assemblage  must  be  reported  to  the  adju- 
tant-general, wlio  must  notify  the  same  to  the 
commander-in-chief,  who  may  in  his  discretion 
disband  it. 

§  2024.  All  mounted  commands  must  drill 
mounted  at  least  four  times  each  year.  [Amend- 
ment approved  March  26.  1895;  Stats.  1895,  p.  187. 
In  effect  March  26,  1895.1 

§  2025.  When  regiments  are  not  concentrated, 
a  portion  of  the  companies  may  be  assembled  for 
battalion  drill. 

§  2026.  Eacli  company  must  have  at  least  three 
weekly  drills  each  month,  except  in  December  of 
each  year,  when  there  need  not  be  any  drills.  [In 
effect  March  10,  1887.] 

§  2027.  Companies,  troops,  and  batteries  al- 
ready organized  may  wear  uniforms  and  equip- 
ments now  in  use,  until  supplied  by  the  State  with 
tlie  service  uniform  and  equipments;  after  which 
no  uniforms  and  equipments  other  than  those  so 
supplied  shall  be  worn,  except  that  a  dress  uniform 
may  be  worn,  as  provided  in  section  one  thousand 
nine  liundred  and  twenty-tliree  of  tliis  Code.  No 
money  of  the  State  shall  be  used  or  applied  to  tlie 
purchase  of  uniforms  and  equipments  other  than 
those  in  this  section  mentioned.  All  non-commis- 
sioned officers,  musicians,  and  privates  of  a  com- 
Pol.  Code— 36. 


§  2028  Parades  and  Drills.  422 

panj',  or  of  a  general,  brigade,  regiment,  or  battal- 
ion staff,  the  members  of  the  signal  corps,  and  of 
the  hospital  and  ambulance  corps,  and  of  regular- 
ly organized  and  enlisted  bands  (which  bands  shall 
not  exceed  in  number  twenty-five  each)  shall  be 
furnished  with  service  uniforms  and  equipments 
at  the  expense  of  the  State.  Such  uniforms  and 
equipments  shall  be  issued  to  the  division  brig- 
ades, regiments,  and  companies,  upon  requisition, 
in  such  form  as  may  be  prescribed.  The  service 
uniform  and  equipments  shall  be  issued  to  the  sev- 
eral organizations  of  the  National  Guard  upon 
requisition  of  the  proper  officer.  The  commanding 
officer  of  eacli  organization  shall  be  responsible 
for  the  keeping  and  return  of  all  uniforms  and 
other  military  property  committed  to  his  charge. 
Each  commanding  officer  who  shall  receive  uni- 
forms and  equipments  or  portions  of  uniforms  or 
eqtiipments  for  the  use  of  liis  command,  shall  dis- 
tribute the  same  to  his  command  as  he  shall  deem 
proper.  The  service  uniform  and  equipments 
shall  be  furnished,  as  aforesaid,  by  a  board  wltich 
is  hei'eby  provided,  to  consist  of  three  commission- 
ed officers,  to  be  appointed  by  the  commander-in- 
chief.  This  board  is  authorized  and  directed  to 
purchase  tlie  cloth,  arrange  for  its  cutting,  and 
also  for  its  malvlng,  when  required  by  the  com- 
mander of  any  organization,  and  also  to  purchase 
equipments;  and  the  bills  of  said  board  shall  be 
audited,  allowed,  and  paid  as  are  other  military 
demands.  This  board  shall  also  fix  the  maximum 
price  or  cost  of  the  malving  of  each  article  of  uni- 
form, and  shall  permit,  upon  proper  requisition  of 
division,  brigade,  regiment,  or  unattached  battalion 
or  company^  to  draw  the  money  instead  of  the 
cloth,  or  the  cost  of  its  malcing.  or  either,  and  pro- 
vide itself  with  a  corresponding  number  or  articles 
of  uniform;  provided,  that  the  bills  therefor  shall 
be  audited,  allowed,  and  paid  as  other  military  de- 
mands. [Amendment  approved  March  26.  1895; 
Stats.  1895,  p.  188.    In  effect  March  26,  1895.] 

§  2028.  All  oflicers  or  members  of  the  National 
Guard  who  absent  themselves  from  three  consec- 
utive assemblages,  without  an  excuse  acceptable 
to  the  commanding  officer,  are  debarred  from  the 
privileges  and  exemptions  provided  for  members 
of  the  National  Guard;  and  all  non-commissioned 
officers  or  privates  shall  be  reported  by  their  com- 


423  Parades  and  Drills.        §§  2029-2032 

manding  officer  to  the  commandinis:  officer  of  the 
regiment,  or  battalion,  or  unattached  company, 
who  shall  forthwith  court-martial  such  non-com- 
missioned officer  or  private,  and,  upon  conviction 
by  such  court-martial,  the  delinquent  shall  be  dis- 
honorably discharged  from  the  service,  and  fined 
not  less  than  five  dollars  nor  more  than  fifty  dol- 
lars. The  proceedings  of  such  court  shall  be  sub- 
ject to  approval  and  review,  as  in  other  cases. 
[Amendment  approved  March  4,  1881;  Amend- 
ments 1881,  p.  32.     In  effect  March  4,  1881.] 

Delinquencies  touching  parades  or  encampments 
—how  pimished:  Penal  Code,  sees.  6.">2.  653. 

§  2029.  Commanders  of  companies  must  keep 
a  boolj,  in  which  must  be  entered  the  names  ana 
number  of  oflicers,  non-commissioned  officers,  and 
privates  respectively,  present  ai  each  drill,  and 
must  therefrom  mal^e  monthly  returns  to  the  com- 
manding officer  of  the  regiment  or  battalion,  and 
if  unattached,  to  the  brigade  commander,  the  ex- 
cuses of  absentees  recorded,  and  marlied  approved 
or  otherwise.  These  boolvs  must  be  carefully  pre- 
served, and,  wlien  filled,  forwarded  to  the  adju- 
tant-general's office.  [Amendment  approved  March 
12,  1878:  Amendments  1877-8,  p.  37.  In  effect 
March  12,  1878.] 

§  2030.  The  commanding  officer  of  any  brig- 
ade, regiment,  or  battalion,  may  require  the  offi- 
cers thereof  to  meet  for  militai'y  instruction  at 
such  times  and  places  as  he  may  fix,  and  may  also 
prescribe  the  mode  and  manner  of  instruction  and 
the  rules  and  regulations  to  govern  sucli  meetings. 

Act  regulating  duties  of  inspectors  of  rifle  prac- 
tice: See  post.  Appendix,  p.  1046. 

§  2031.  The  adjutant-general,  the  inspector- 
.general  of  rifle  practice,  and  the  division  inspector 
of  rifle  practice,  shall  have  power  to  prescribe 
rules  and  regulations  for  target  practice,  which, 
after  being  approved  by  the  Commander-in-Chief, 
shall  govern  all  target  practice  held  under  and  by 
virtue  of  orders  issued  by  the  Commander-in- 
Chief.     [In  effect  March  20,  1889.] 

§  2032.  Each  officer  commanding  a  regiment 
or  I)at1:ilioi)  may.  with  the  approval  of  the  Com- 
mander-in-Chief, muster  and  attach  to  it  a  com- 
pany of  cadets:  provided,  that  all  the  members  of 


§  2032     Calling  and  Drafting  the  Militia.  424 

such  company  shall  be  pupils  in  attendance  at 
some  public  school  or  schools  within  the  limits  of 
such  command,  and  shall  be  and  remain  members 
of  such  cadet  company  only  while  attending  such 
public  school  or  schools.  It  shall  be  the  duty  of 
such  commanding  officer  to  give  his  personal  at- 
tention to  the  instruction  of  such  cadet  company, 
and  he  shall  have  power,  and  it  shall  be  his  duty, 
subject  to  the  approval  of  the  Commander-in- 
Chief,  to  prescribe  such  rules  and  regulations  for 
the  government  of  such  cadet  company  as  he  shall 
see  tit.  Such  cadet  company  shall  receive  one- 
third  of  the  allowances  allowed  to  a  company  in 
the  National  Guard.  The  percentage  of  their  at- 
tendance at  drills,  and  on  other  military  duty, 
shall  not  be  considered  in  computing  the  percen- 
tages of  the  command  to  which  they  belong.  No 
other  cadet  companies,  except  those  organized  as 
above  provided  for,  shall  be  allowed  within  the 
State  of  California,  in  connection  with  the  Nation- 
al Guard  thereof.     [In  effect  March  20,  1889.] 


CHAPTER  III. 

CALLING    AND    DRAFTING    THE    MILITIA    INTO    ACT- 
UAL SERVICE. 

§  2039.    Militia,   when  and  by  whom  it  may  be  called  into 
actual  service. 

§  2040.     Same. 

§  2041.     Call,    how   made. 

§  2042.     Duty   of   officer   to    whom   order    is    directed. 

§  2043.    Same. 

§  2044.     Same. 

§  2045.    Organization    of    companies,    etc.,    and    election    of 
officers. 

§  2046.    Proclamation   for   election. 

§  2047.    Commander-in-Chief     may     assign     volunteers     to 
companies  or  battalions  already  in  active  service. 

§  2048.     Organisation    and   command   of   troops    from   differ- 
ent  brigades. 

§  2049.    When    draft    may    be    ordered. 

§  2050.    Who  to   superintend  draft. 

§  2051.    Persons   drafted   to   rendezvous. 

§  2052.    Election  of  officers. 

§  2053.    Refusing    to    rendezvous,    penalty    for. 

§  2054.    Companies,    how    attached. 

§  2055.    Drafted    men    may    be    enrolled    in    existing    com 
panies. 


425  Calling  and  Drafting  tlie  Militia.  §§  2039,  2040 

§  2056.  Substitutes. 

§  2057.  Same. 

§  2058.  Same. 

§  2059.  Rules  governing  conduct  of  troops  when  called  out 

to    suppress    insurrection,    etc. 

§  2060.  Duration    of    commissions    of      officers    called     into  ' 

actual  service. 

§  2061.  Vacancies    occurring   in   actual    service,    how    filled. 

§  2062.  Same. 

§  2063.  Same,  for  personal  bravery  in  battle,  etc. 

§  2064.  Rules  to  govern   militia  when   in  actual   service. 

§  2065.  Pay  of  officers  and  private.s  when  in  actual  service. 

§  2066.  Pay  of  officers  when  detailed  on  special  duty. 

§  2039.  In  ease  of  war,  insurrection,  or  rebel- 
lion, or  of  resistance  to  the  execution  of  tlie  laws 
of  this  State,  or  upon  the  call  or  requisition  of  the 
President  of  the  United  States,  or  upon  the  call 
of  any  ofiicer  of  the  United"  States  army  command- 
ing a  division,  department  or  district  in  Califor- 
nia, or  upon  the  call  of  any  United  States  mar- 
shal in  California,  or  of  the  cliief  executive  officer 
of  any  city,  or  oF  any  sheriff,  the  Commander-in- 
Chief  is  autliorlzed  to  call  into  active  service  any 
portion  of  the  National  Guard  or  enrolled  militia." 

Governor  may  call  out  military:  Const.  Cal.,  art. 
8,  sec.  1. 

Resistance  to  execution  of  State  laws — military 
force  to  suppress:  Penal  Code,  sees.  725,  728-733. 

§  2040.  In  case  of  the  absence  of  the  Com- 
mander-in-Chief from  the  capital,  or  if  it  is  impos- 
sible to  immediately  communicate  with  him,  the 
civil  or  military  officer  mailing  the  requisition  for 
troops  may.  if  he  deem  tlie  danger  imminent,  and 
not  admitting  of  delay,  serve  a  copy  of  such  requi- 
sition, together  with  a  statement  of  the  com- 
mander-in-Chief's absence,  or  the  impossibility  of 
immediately  communicating  with  him,  upon  the 
■division  commander,  or  in'liis  absence,  upon  tlie 
general  commanding  tlie  brigade,  who  is  author- 
ized to  exercise,  with  respect  to  calling  out  the 
troops  of  his  division  or  brigade,  the  powers  con- 
ferred in  this  section  upon  the  Commander-in- 
Chief;  but  if  the  call  is  disapproved  by  the  Com- 
mander-in-Chief, tlie  troops  so  called  into  service 
must  be  inunediately  relieved  from  sucli  tour  of 
duty.  Offic(>rs  and  men  performing  duty  in  re- 
sponse to  any  call  as  provided  lierein,  shall,  upon 
tlie  proper  rolls  being  approved  by  tlie  board  of 


§§  2041-2047  Calling  and  Drafting  the  Militia.  420 

military  auditors,  receive  their  pay  therefor  out 
of  any  money  in  the  State  treasury  not  otherwise 
appropriated,  and  the  State  controller  is  hereby 
directed  to  draw  his  warrant  therefor,  and  the 
.  treasurer  is  hereby  directed  to  pay  the  same. 
[Amendment  approA^ed  March  26,  1895;  Stats. 
1895,  p.  188.    In  effect  March  26,  1895.] 

§  2041.  Such  call  must  be  made  by  an  order  is- 
sued and  directed  to  the  commanding  officer  of 
the  company,  battalion,  regiment,  brigade,  or  di- 
vision, which  is  called  into  service,  designating 
the  particular  troops  called,  the  time  and  place  of 
rendezvous,  and  the  officer  to  whom  they  must 
report. 

§  2042.  If  such  order  is  directed  to  the  Major 
General  of  Division,  it  must  be  immediately  com- 
municated to  the  Brigadier  Generals,  and  by  them 
to  all  the  othcers  of  their  respective  brigades. 

§  2043.  Every  officer  receiving  such  order  must 
rendezvous  and  report  for  duty  as  herein  directed; 
and  every  officer  commanding  an  organized  com- 
pany or  battalion  of  the  National  Guard,  on  re- 
ceiving such  order,  must  immediately  proceed  to 
notify  the  same  to  each  individual  of  his  com- 
mand, by  personal  notice  or  by  publication  in 
some  newspaper,  or  by  the  posting  in  public  places 
of  the  county  or  counties  from  which  the  call  is 
made. 

§  2044.  Such  officer  must  attend  in  person,  or 
by  deputing  an  officer  of  the  organized  militia  in 
his  place,  at  the  place  of  rendezvous,  and  tal^e  the 
names  of  all  volunteers  for  service  under  such  call. 

§  2045.  If  the  number  of  such  volunteers  Is 
sufficient  to  form  one  or  more  companies  or  bat- 
talions, he  must  immediately  call  and  superintend 
the  election  of  the  officers  of  such  companies  or 
battalions. 

§  2046.  A  proclamation  of  the  call  of  such  elec- 
tion, made  by  the  officer  calling  it,  at  the  place  of 
rendezvous,  is  a  sufficient  notice. 

§  2047.  The  Commander-in-Chief  has  author- 
ity, if  he  deem  it  expedient,  to  direct  that  a  por- 
tion of  the  volunteers  so  presenting  themselves  be 


427  Ciilling-  and  Drafting  the  Militia.  §§  2048-2052 

assigned  to  companies  oi-  battalions  already  in  ac- 
tive service,  whose  numbers  are  less  than  the  full 
complement. 

§  2048.  Where  troops  are  called  into  active 
service  from  different  brigades  or  regiments,  and 
the  number  so  called  are  not  more  than  sufficient 
to  constitute  one  complete  regiment,  the  Com- 
mander-in-Chief must  so  organize  them,  and  must 
designate  the  particular  officer  to  command  it;  or 
he  may  make  such  other  organization  of  said 
troops  as  he  may  deem  proper,  and  designate  the 
officer  to  command.  [Amendment  approved 
March  20,  1895;  Stats.  1895,  p.  189.  In  effect 
March  20,  1895.] 

§  2049.  If  the  number  of  volunteers  presenting 
themselves  at  the  place  of  rendezvous  is  insuffi- 
cient to  satisfy  the  call  of  the  Commander-in- 
Chief,  the  Brigadier  General  of  the  brigade  in 
which  such  call  is  made  must  promptly  proceed  to 
draft  from  the  enrolled  militia  of  his  brigade  a 
sufficient  number  of  men  to  satisfy  the  call;  and 
this  draft  must  be  made  by  putting  the  names  of 
all  the  enrolled  militia  of  the  county  or  counties 
from  which  the  order  directs  the  forces  to  be  rais- 
ed into  a  box,  and  draAving  therefrom  a  sufficient 
number  of  names  to  satisfy  the  call. 

§  2050.  The  Major  General  must  be  present 
and  superintend  the  drafting  of  the  enrolled  mili- 
tia under  any  call  by  the  Commander-in-Chief; 
but  his  iiresence  is  not  necessary  to  give  validity 
to  the  proceedings.  In  case  of  the  absence  or  in- 
ability of  the  Brigadier  General,  the  officer  next 
in  rank  of  the  brigade,  or,  in  default  of  any  officer 
of  that  brigade  for  duty,  the  Ma.ior  General,  or, 
in  his  default,  the  Commander-in-Chief  must  des- 
ignate some  other  officer  to  perform  that  duty. 

§  2051.  The  persons  drafted  must  be  summon- 
ed by  some  otBcer  appointed  for  that  purpose  by 
the  Brigadier  General,  in  the  manner  prescribe<l 
by  law  for  the  summoning  of  witnesses  in  civil 
cases,  the  time  and  place  of  rendezvous,  as  order- 
ed by  the  Brigadier  General,  being  stated  in  the 
summons. 

§  2052.  As  soon  as  a  sufficient  number  of 
drafted  men  have  appeared  at  the  rendezvous  to 


§§  20ri3-2058  Calling  and  Drafting  the  Militia.  428 

form  a  company  or  companies,  they  must  proceed 
to  the  election  of  their  company  ofHcers. 

§  2053.  Any  member  of  the  National  Guard 
who  neglects  or  refuses  to  rendezvous  when  order- 
ed out  by  the  Commander-in-Chief,  is  guilty  of 
disobedience  of  orders,  and  may  be  tried  and  pun- 
ished by  a  court-martial:  and  any  member  of  the 
enrolled  militia  who  refuses  or  neglects  to  ren- 
dezvous when  drafted,  is  subject  to  a  penalty  of 
not  less  than  fifty  nor  more  than  three  himdre<l 
dollars,  to  be  recovered  by  an  action  brought  by 
the  distinct  attorney,  in  the  name  of  the  people 
of  the  State,  upon  the  certificate  of  the  oflicer  ap- 
pointed to  malve  the  draft,  before  any  Court  of 
competent  jurisdiction  in  the  county  from  which 
such  person  was  drafted,  and  the  fine  recovered 
must  be  paid  into  the  State  Treasury  to  the  credit 
of  the  General  Fund. 

§  2054.  Any  company  of  the  enrolled  militia 
drafted  and  organized,  "may.  by  direction  of  the 
Commander-in-Chief,  be  enrolled  and  mustered  in- 
to any  battalion  of  the  National  Guard  having 
less  than  eight  companies. 

§  2055.  Drafted  men  of  the  enrolled  militia  not 
organized  into  companies,  may,  at  the  discretion 
of  the  Commander-in-Chief,  be  enrolled  and  mus- 
tered into  any  existing  company  of  the  National 
Guard  or  enrolled  militia  not  having  the  full  num- 
ber authorized  by  law.  and  which  has  already 
been  called  into  active  service. 

§  2056.  Any  person  called  or  drafted  into  ser- 
vice may  furnish  as  a  substitute  any  person-  fit 
for  military  duty  who  has  not  been  called  or  draft- 
ed into  service. 

§  2057.  "When  any  person  drafted  for  service 
offers,  at  or  after  the  time  of  rendezvous,  a  suita- 
ble substitute,  and  such  substitute  consents  in 
writing  to  subject  himself  to  all  the  duties,  fines, 
forfeitures,  and  punishments  to  which  his  princi- 
pal would  have  been  subject  had  he  personally 
served,  he  must  be  accepted  by  the  officer  making 
such  draft. 

§  2058.  The  person  whose  substitute  is  so  ac- 
cepted is  not  subject  to  draft  during  the  terra  of 
service  of  the  siibstitute. 


429  Calling  and  Drafting  the  Militia.  §§  2059-2065 


§  2059.  The  conduct  of  troops  when  called  out 
to  suppress  an  insurrection  or  rebellion,  to  dis- 
perse a  mob,  or  enforce  the  laws,  is  provided  for 
in  section  731  of  the  Penal  Code. 

§  2060.  The  commission  of  any  officer  called 
into  active  service  continues  until  he  is  discharg- 
ed by  the  order  of  the  Commander-in-Chief. 

§  2061.  All  vacancies  of  officers  and  non-com- 
missioned officers  in  active  service  must  be  tilled 
by  appointment  or  promotion;  the  first  by  the 
Commander-in-Chief,  and  the  second  by  the  com- 
manding officer  of  the  battalion  or  of  the  com- 
pany, in  case  such  company  forms  no  part  of  any 
battalion. 

§  2062.  In  filling  vacancies  of  commissioned 
officers  the  Commander-in-Chief  must,  as  a  gen- 
eral rule,  promote  by  seniority,  or  appoint  on  the 
recommeudation  of  their  superior  officers  those  in 
active  service;  and  in  any  case  of  departure  from 
this  rule,  the  Commander-in-Chief  must  report  his 
reasons  for  such  departure  to  the  Senate. 

§  2063.  The  commanding  officer  of  troops  in 
active  service  may  nominate  to  any  vacancy  for 
personal  bravery  or  service  in  siege  or  battle,  and 
if  the  Governor  commission  some  other  person 
than  the  one  so  nominated,  he  must  report  his  rea- 
sons to  the  Senate;  and  if  the  Senate  in  either  of 
the  foregoing  cases  disapprove  of  the  reasons  giv- 
en, the  commission  so  given  is  vacated,  and  the 
Governor  must  immediately  proceed,  with  the  ad- 
vice and  consent  of  the  Senate,  to  fill  such  va- 
cancy. 

S  2064.  The  rules  and  regulations  established 
by  Congress  for  the  government  of  the  army  of 
the  United  States  are  applicable  to  and  govern  the 
militia  of  this  State  when  in  active  service. 

§  2065.  Officers  and  privates  while  on  active 
duty  in  the  service  of  the  State  shall  receive  the 
same  pay  and  allowance  as  the  officers  and  pri- 
vates in  the  United  States  army,  of  similar  grade, 
serving  on  the  I'acific  Coast;  provided,  that  said 
pay  shall  not  be  less  than  two  dollars  p(M-  day. 
the  same  to  be  audited  by  the  board  of  military 


§§  2066-2076  Courts  Martial.  430 

auditors,  upon  the  pay-roll  properly  made  up  and 
signed  by  such  officers;  and  provided  further,  that 
no  pay  shall  be  allowed  to  any  officer  or  private 
when  on  duty  in  any  camp  mentioned  in  section 
two  thousand  and  twenty  of  this  act.  [Amend- 
ment approved  March  17,  1891;  Stats.  1891,  p.  125.] 

§  2066.  When  an  officer  is  detailed  for  special 
duty  in  any  matter  relating-  to  the  National  Guard 
or  care  of  State  military  property,  by  order  of  the 
Commander-in-Chief.  Division.  Brigade,  Regimen- 
tal, or  Battalion  Commander,  he  must  be  allowed 
pay,  proper  and  such  reasonable  traveling  ex- 
penses as  the  Board  of  Military  Auditors  may  al- 
low upon  SAVorn  vouchers  showing  actual  expendi- 
tures. All  officers  shall  be  allowed  such  reasona- 
ble ti'aveling  expenses  incurred  while  discharging 
military  duties  as  the  Board  of  Military  Auditors 
may  allow  upon  sworn  vouchers  showing  actual 
expenditures.     [In  effect  March  20,  1889.] 


CHAPTER  IV. 

COURTS  MARTIAL  AND  OF  INQUIRY. 

§  2076.  Who   may  appoint   Courts    martial. 

§  2077.  Organization  and  rules. 

§  2078.  Powers. 

§  2079.  Revi.sion   and   approval    of   sentence. 

^  20S0.  Fines,  how  col  ected. 

§  2081.  No    action    in    certain    cases     against     members    of 

Courts   martial. 

§  2082.  Who  may  order  Courts  of  inquiry. 

§  20S3.  Rules   governing. 

§  2084.  Sheriffs  and  Constables  must  serve  subpoenas,   etc. 

§  2085.  Penalty   for   disobedience. 

§  2086.  Penalty  for  refusing  to   pay  over  moneys. 

§  2087.  Fines    and    penalties,    various    offenses. 

§  2076.  The  following  officers  may  appoint 
courts   martial: 

1.  The  Commander-in-Chief,  for  the  trial  of  gen- 
eral officers,  retired  officers,  and  all  officers  of  the 
staff  of  the  Commander-in-Chief; 

2.  The  major-general,  for  the  trial  of  all  staff 
officers  of  the  division  and  brigades,  and  of  field 
officers  of  regiments  and  battalions; 

3.  The  brigadier-general,  for  the  trial  of  officers 
and  soldiers  in  their  respective  brigades; 


431  Courts  Martial.  §  2076 

4.  Tlie  commaadiug  otlicers  of  regimeuts  and 
uuattaclied  battailous,  for  the  trial  of  all  enlisted 
men  in  their  respective  commands.  For  the  trial 
of  enlisted  men  of  regiments  or  battalions,  the 
commanding  officer  thereof  may,  at  any  time,  ap- 
point a  summary  court  martial,  to  consist  of  one 
officer  whose  rank  is  not  below  that  of  captain. 
For  the  trial  of  enlisted  men  of  unattached  com- 
panies, troops,  or  batteries,  the  brigade  com- 
mander may,  at  any  time,  appoint  a  summary 
court  martial,  to  consist  of  a  tirst  lieutenant  of 
such  company,  troop,  or  battery; 

5.  The  officer  appointing  said  court  shall  fix 
the  day  on  which  it  shall  convene,  and  when  con- 
vened the  court  may  adjovu-u  from  time  to  time, 
as  shall  become  necessary  for  the  transaction  of 
business;  but  the  whole  session  of  the  coiirt,  from 
the  day  on  which  it  shall  "convene  until  its  disso- 
lution, shall  not  exceed  forty-live  days,  and  in 
case  any  vacancy  shall  happen  in  the  court,  or  a 
new  coiu't  shall  be  required,  the  officer  ordering 
the  court,  or  his  successor  in  command,  may  fill 
such  vacancy,  or  order  a  new  court; 

ti.  The  officer  constituting  such  court  shall,  be- 
fore he  enters  on  his  duties  as  such,  take  the  fol- 
lowing oath:  "I, ,  do  swear  (or  affirm)  that  I 

will  well  and  truly  try  and  determine,  according 
to  evidence,  all  matters  between  the  people  of  the 
State  of  California  and  any  person  or  persons  who 
may  come  before  the  summary  court  martial  to 
which  I  have  been  appointed."  And  such  oath 
shall  be  taken  by  him  before  a  justice  of  the  peace 
of  the  county  in  which  he  resides,  or  a  field  officer, 
and  it  shall  be  the  duty  of  such  justice  of  the 
peace  or  field  ofiicer  to  administer  the  oath  with- 
out fee  or  reward; 

7.  Such  court  may  direct  a  non-commissioned 
officer,  or  other  fit  person  or  persons,  to  be  by 
.him  designated,  to  summon  all  delinquents  and 
parties  accused  to  appear  before  the  court,  at  a 
time  and  place  to  be  by  him  appointed.  Service 
shall  be:  (1)  I'ersonal;  or  (2)  If  personal  service 
be  impossible,  by  leaving  such  summons  at  the 
residence  of  the  accused  or  delinquent;  (3)  If  ser- 
vice cannot  be  effected  in  either  of  the  ways  above 
mentioned,  then  by  depositing  in  a  United  States 
post-office,  postage  paid,  said  summons  addressed 
to.  last  known  place  of  residence; 


§§  2077. 207S  Courts  Martial.  4?,2 

S.  Such  non-fommi.ssioned  ofHcer,  or  other  per- 
son or  persons  so  designated,  shall  make  a  verified 
return  of  the  service  made; 

9.  The  court  shall  be  conducted  in  the  same 
manner  as  summary  courts  martial  are  in  the  ser- 
vice of  the  United  States,  and  shall  have  the  trial 
of  all  offenses,  delinquencies,  and  deficiencies  that 
occur  in  the  regiment  or  battalion  for  which  it 
shall  have  been  appointed,  and  also  of  any  that 
occur  in  the  separate  companies,  troops,  or  bat- 
teries; and  the  said  court  shall  have  power  to  im- 
pose and  direct  to  be  levied  all  the  fines  or  penal- 
ties to  which  enlisted  men  are  declared  to  be  sub- 
ject by  the  provisions  of  this  chapter; 

10.  The  proceedings  and  sentence  of  any  such 
court  shall,  without  delay,  be  delivered  to  the 
officer  ordering  the  court,  who  shall  approve  or 
disapprove  the  same  within  thirty  days  there- 
after, and  shall  give  notice  of  his  approval  or  dis- 
approval to  the  president  thereof;  and  from  the 
sentence  of  any  such  court  imposing  a  fine  or  pen- 
alty for  any  offense,  delinquency,  or  deficiency, 
an  appeal,  if  made  within  twenty  days  after  tlie 
fine  or  penalty  was  made  known  to  the  person 
fined,  shall  be  allowed  to  the  officer  ordering  the 
court,  or  to  his  successor  in  command,  and  he 
may  remit  or  mitigate  such  penalty  or  fine. 
[Amendment  approved  April  1,  1897*;  Amend- 
ments 1897,  ch.  cclxi.    In  effect  immediately.] 

§  2077.  Courts  martial  appointed  under  the  pro- 
visions of  this  chapter  are  organized  in  like  man- 
ner, and  siib.iect  to  the  rules  and  regulations  gov- 
erning courts  martial  in  the  United  States  army,  so 
far  as  the  same  may  be  applicable  and  not  incon- 
sistent with  the  laws  of  this  State,  and  the  rules 
and  regulations  and  forms  established  by  the 
Commander-in-Chief.  They  have  the  same  pow- 
er to  compel  the  attendance  of  witnesses  when 
summoned  by  them,  to  preserve  order  in  and 
about  the  court-room  during  sessions,  and  to  pun- 
ish for  contempt,  as  the  judges  of  the  Superior 
Court  have  under  the  laws  of  this  State.  [Amend- 
ment approved  April  15,  1880:  Amendments  1880, 
p.  55.    In  effect  April  15,  1880.] 

§  2078.  Courts  martial  have  power,  on  convic- 
tion, to  punish  by  expulsion  or  dismissal,  or  by 
depriving  officers  "of  their  rank,  or  by  such  other 


433  Courts  Martial.  §§  2079-2081 

and  usual  military  fines  and  penalties  as  are  cus- 
tomary in  the  army  of  tlie  United  States;  provided, 
that  they  shall  not  have  the  power  to  punish  by 
imprisonment  for  more  than  five  days,  except  in 
time  of  Avar,  insurrection,  or  rebellion;  such  judg- 
ment of  imprisonment,  when  it  becomes  final, 
must  be  executed  by  the  sheriff  of  the  county  in 
which  said  court  held  its  session,  and  the  judg- 
ment of  such  court,  when  certified  by  its  Presi- 
dent, shall  be  a  sufficient  waiTant  to  said  sheriff 
to  arrest  and  detain  tlie  defendant  for  the  period 
of  time  named  in  the  judgment,  not  exceeding 
five  days.     [In  effect  March  20,  1889.] 

§  2079.  The  officer  appointing  a  court  martial 
must  revise  the  proceedings  and  approve  or  dis- 
approve the  sentence  of  such  court  martial,  and 
must  dii'ect  the  execution  of  such  sentence,  or  mit- 
igate tlie  punishment,  or  may  remit  the  sentence 
of  the  person  convicted;  but  the  person  so  sen- 
tenced may  apply  to  the  Commander-in-Chief  to 
revise  the  proceedings  and  to  disapprove  them  or 
pardon  the  offense,  in  wliicli  case  the  officer  ap- 
proving the  sentence  will  transmit  the  proceed- 
ings in  the  case  to  the  Commander-in-Chief,  and 
the  execution  of  the  sentence  must  be  suspended 
until  the  proceedings  are  returned  with  the  deci- 
sion thereon. 

§  2080.  For  the  purpose  of  collecting  fines  or 
penalties  imposed  by  courts  martial,  the  President 
of  any  sucli  Court  must  make  a  list  of  all  such 
fines  and  penalties,  and  of  tlie  persons  against 
whom  they  have  been  imposed,  and  must,  within 
fifteen  days  after  the  fines  and  penalties  have 
been  imposed,  issue  a  warrant  under  his  hand, 
directed  to  any  sheriff  or  constable  of  the  county, 
commanding  him  to  levy  and  collect  such  fines, 
together  with  costs,  upon  and  out  of  any  proper- 
ty of  the  person  against  whom  the  fine  or  penalty 
was  imposed,  and  such  wan-ant  may  be  executed 
and  I'enewed  in  the  same  manner  as  executions 
issued  from  Justice's  Courts  are  executed  and  re- 
newed. All  property  except  the  homestead  is  sub- 
ject to  execution  and  forced  sale  under  such  war- 
rant. 

§  2081.    No  action   can   be   maintained   against 
any  member  of  a  court  martial,  or  officer,  or  agent 
Pol.  Code— 37. 


§§  2082-2086  Courts  Martial.  434 

acting  under  his  authority,  on  account  of  an  impo- 
sition of  a  fine,  or  the  execution  of  a  sentence,  on 
a  person  not  liable  to  military  duty,  if  such  person 
has  been  summoned  and  notified  in  writing  of  the 
charges  preferred  against  him,  and  has  failed  to 
appear  and  show  his  exemption  before  the  court. 

§  2082.  Courts  of  inquiry  may  be  ordered  by 
the  Commander-in-Chief,  by  the  Major- General,  or 
by  any  Brigadier  (Jeneral. 

§  2083.  Courts  of  inquiry  ai"e  governed  by  the 
same  rules  as  similar  courts  in  the  army  of  the 
United  Sttites.  They  shall  have  the  same  power 
to  compel  the  attendance  of  witnesses  when  sum- 
moned by  them,  to  preserve  order  in  and  about 
the  court-room  during  sessions,  and  to  punish  for 
contempt,  as  judges  of  the  Superior  Court  have 
under  the  laws  of  this  State.  [Amendment  ap- 
proved March  26,  1895;  Stats.  1895,  p.  190.  In  ef- 
fect March  26,  1895.] 

§  2084.  Every  sheriff  and  constable  must  serve 
all  orders,  subpoenas,  or  process  delivered  to  him 
for  that  purpose  by  any  member  of  a  court  mar- 
tial or  court  of  inquiry,  and  shall  receive  for  such 
service  the  same  fees,  in  the  same  manner,  and 
account  for  the  same,  as  provided  by  law  in  crim- 
inal cases.  [Amendment  approved  April  1,  1897; 
Amendments  1807,  ch.  cclxi.  In  effect  immedi- 
ately.] 

§  2085.  In  time  of  peace  every  commissioned 
otficer,  for  disobedience  of  orders,  neglect,  or  ig- 
norance of  duty,  unofficerlike  conduct,  or  disre- 
spect to  a  superior  officer,  or  for  neglecting  to 
comply  vrith  any  of  the  requirements  of  this  chap- 
ter, shall  be  arrested  and  brought  to  trial  before  a 
court  martial,  which  may,  on  conviction,  sentence 
him  to  be  cashiered,  incapacitated  from  holding 
any  military  commission,  fined  to  an  amount  not 
exceeding  one  hundred  dollars,  or  reprimanded,  or 
may  sentence  him  to  all  or  either  of  such  fines 
and  penalties,  in  their  discretion.  [New  section 
approved  INIarch  12,  1878;  Amendments  1877-8,  p. 
38.    In  effect  March  12,  1878.] 

§  2086.  Every  commissioned  officer  refusing  to 
pay  over  moneys  in  his  hands,  which  came  into 


435  Courts  Martial.  §  2087 

his  possession  by  virtue  of  his  position  as  an  offi- 
cer of  the  National  Guard,  shall  be  liable  to  be 
tried  and  cashiered,  or  otherwise  punished  there- 
for, by  a  court  martial.  [New  section  approved 
March  12,  1878:  Amendments  1877-8,  p.  38.  In  ef- 
fect March  12,  1878.] 

§  2087.  Every  commissioned  officer,  and  every 
enlisted  man  shall,  on  due  conviction,  be  subject 
for  the  following  offenses  to  the  fines  and  penal- 
ties thereto  annexed: 

1.  Every  commissioned  officer,  for  nonattend- 
ance  at  any  parade  or  encampment,  and  every 
such  officer  or  enlisted  man  neglecting  or  refusing 
to  obey  the  orders  of  his  superior  officers  on  any 
day  of  parade  or  encampment,  or  to  perform  such 
military  duty  or  exercise  as  may  be  requii'ed,  or 
departing  from  his  colors,  post,  or  guard,  or  leav- 
ing his  place  or  ranks  without  permission,  a  fine 
not  more  than  one  hundred  nor  less  than  five  dol- 
lars. 

2.  Every  enlisted  man,  for  nonappearance  when 
duly  warned  or  summoned  at  a  troop,  battery,  or 
company  drill  or  parade,  a  fine  of  two  dollars  for 
each  offense,  and  in  case  of  a  troop  parading 
mounted,  a  fine  of  six  dollars  for  each  officer;  at 
a  regimental  or  battalion  parade,  not  less  than 
three  nor  more  than  six  dollars  for  each  offense, 
and  at  a  place  of  rendezvous,  when  called  into  act- 
ual service  in  case  of  war,  insurrection,  or  inva- 
sion, or  imminent  danger  thereof,  a  sum  not  ex- 
ceeding twelve  months'  pay  nor  less  than  one 
month's  pay;  and  for  disobedience  of  orders  or 
disrespectful  or  insubordinate  conduct,  a  fine  not 
exceeding  fifty  dollars;  and  also  in  the  discretion 
of  the  Court,  the  offender  shall  be  liable  to  dis- 
honorable discharge  from  the  command  to  which 
he  belongs. 

3.  Every  commissioned  officer,  or  noncommis- 
sioned officer,  for  neglecting  or  refusing  to  obey 
any  order  or  warrnnt  to  him  lawfully  given  or 
directed,  or  to  mnlcc  a  proper  return,  or  neglect- 
ing or  refusing,  when  required,  to  summon  a  de- 
linquent before  a  eourt-martial,  or  duly  to  return 
such  summons,  a  fine  of  not  more  than  one  hun- 
dred nor  less  than  five  dollars.  [New  section  ap- 
proved March  12,  1878;  Auienduients  1877-8,  p.  38. 
In  effect  March  12,  1878.] 


§§  2093,  2094  Board  of  Military  Auditors.  436 

CHAPTER  V. 

THE   BOARD   OF   MILITARY   AUDITORS. 

§  2093.  Who    constitute    the    Board. 

§  2094.  Allowance   and   payment   of    company   expenses. 

§  2095.  Same. 

§  2096.  Other  duties  of  the  Board. 

§  2097.  Duties    of    Controller   and    Treasurer. 

§  2098.  Claims  exempted  from  Board  of  Examiners. 

§  2099.  Allowance  to  companies. 

§  2100.  Military   property    of    State. 

§  2101.  Medals.     (Repealed.) 

?§  2102-2104.    No  section  of  these  numbers. 

§  2105.  Incidental   expenses    and  equipment. 

§  2093.  Tlie  Commander-in-Cliief,  Adjutant- 
General,  and  the  Attorney-General,  constitute  a 
Board  of  Military  Auditors.  The  Commander-in- 
Chief  is  President,  and  the  Adjutant-General  is 
Secretary;  and  the  Board  must  have  a  seal  which 
must  be  attached  to  all  accounts  audited  by  them; 
and  said  Board  is  authorized  to  withhold  any  de- 
mand or  allowance  when  it  appears  to  them  that 
the  claim  therefor  is  incorrect,  unjust,  or  fraudu- 
lent, until  sucli  time  as  proper  and  satisfactory 
voucliers  for  all  moneys  expended  and  included  in 
the  claim  shall  be  produced.  [Amendment  ap- 
proved March  12.  1885;  Amendments  188.5.  p.  105. 
Repealed  inconsistent  acts.  In  effect  March  12, 
1885.] 

§  2094.  Tliere  must  be  audited  and  allowed  by 
the  l)oard  of  military  auditors,  and  paid  out  of 
the  appropriation  for  military  purposes,  upon  the 
warrant  of  the  State  Controller,  to  the  command- 
ing ofiicer  of  eacli  infantry  or  artillery  company 
of  the  National  Guard,  the  sum  of  one  hun- 
dred dollars  pei-  mouth;  to  the  commanding  offi- 
cer of  each  light  battei'y  having  not  less  than 
four  guns,  with  which  tliey  regularly  drill  and 
parade,  and  to  the  commanding  otficer  of  each 
troop  of  cavalry,  the  sum  of  two  hundred  dollars 
per  month;  and  to  the  commanding  otficer  of  each 
division  of  tlie  naval  battalion,  the  sum  of  one 
hundred  dollars  per  month;  the  sum  so  paid  to  be 
used  fffv  armory  rent,  care  of  arms,  and  proper 
incidental  expenses  of  tlie  company.  There  must 
also  be  audited,  allowed,  and  paid,  out  of  the  same 


437  Board  of  Military  Auditors.  §§  2095,  2096 

appropriatious,  to  the  eominauding  officer  of  each 
regiment  or  battalion,  the  sum  of  six  dollars  per 
mouth  for  each  company  in  his  command,  for  cler- 
ical expenses,  stationery,  printing,  and  postage; 
and  if  the  regiment  or  battalion 'has  more  than 
four  companies,  and  has  attached  to  it  an  organ- 
ized and  uniformed  band  of  not  less  than  twenty 
l)eople,  the  additional  sum  of  thirty-five  dollars 
per  month  for  such  band;  to  the  major-general,  six 
hundretl  dollars  per  annum;  to  the  brigadier-gen- 
eral of  each  brigade,  five  dollars  per  month  for 
each  company  in  his  brigade,  and  to  each  com- 
pany, a  sum  necessary  for  uniforms,  and  to  keep 
the  same  in  repair,  not  to  exceed  one  hundred  and 
fifty  dollars  per  annum;  and  to  the  adjutant-gen- 
eral, four  thousand  dollars  per  annum,  to  be  ex- 
pended by  him  in  promoting  rifle  practice.  There 
shall  also  be  paid,  from  the  military  appropria- 
tions of  the  State,  a  sum  not  exceeding  five  hun- 
dred dollars  for  the  first  year  of  its  existence,  to 
the  brigadier-general  for  a  hospital  and  ambu- 
lance corps  in  their  respective  brigades,  which 
sum  shall  be  expended  in  the  purchasing  of  prop- 
er supplies,  e(iuipments,  and  medicines  for  such 
corps,  and  thereafter  to  such  corps  there  shall  be 
paid  a  sum,  for  the  same  purpose,  of  not  exceed- 
ing five  hundred  dollars  per  annum.  [Amend- 
ment approved  April  1,  1897:  Amendments  1897, 
ch.  cclxi.    In  effect  immediately.] 

§  2095.  No  claim  shall  be  allowed  under  the 
provisions  of  the  preceding  section,  except  upon 
<lemands  made  quarterly,  in  duplicate,  signed  and 
sworn  to  by  the  otficer  claiming  the  same,  before 
any  field  officer  of  the  national  guard  or  notary 
piiblic,  and  transmitted  tlirough  the  regular  mili- 
tary channels,  with  the  approval  of  each  com- 
manding officer  through  whose  headquarters  they 
are  required  to  pass;  ])r()vided,  that  demands  for 
uniforms  and  promoting  ritle  practice  may  be 
made  at  any  time.  One  copy  of  said  demands 
shall  be  filed  in  the  office  of  tlie  adjutant-general, 
and  one  copy  sent  to  the  board  of  military  audi- 
tors. I  Amendment  approved  March  17,  1891:  Stats. 
1891,  p.  125.] 

§  3096.  The  Board  of  Military  Auditors  must 
audit  and  allow  all  proper  claims  against  the  mil- 
itary fund  incurred  by  troops  in  the  service  of 
this  State,  and  officers  attached  to  the  same. 


§§  2097-2105  Board  of  Military  Auditors.  438 

§  2097.  The  Controller  of  State  must  draw  bis 
warrants  for  any  amount  audited  and  allowed  by 
tbe  Board,  and  the  Treasurer  of  State  must  pay 
the  same  out  of  tbe  appropriation  for  military 
purposes.  [Amendment  approved  ilarcb  12.  1878; 
Amendments  1877-8,  p.  39.  In  effect  Marcb  12, 
1878.] 

§  2098.  Claims  audited  and  allowed  by  tbe 
Board  of  jNIilitary  Auditors  are  exempt  from  tbe 
provisions  of  Article  XVIII  of  Chapter  III,  Part 
III  of  this  Code. 

See  ante,  sec.  654. 

§  2099.  Tbe  annual  sum  of  two  hundred  and 
fifty  dollars  must  be  audited  by  tbe  board,  and 
paid  out  of  tbe  appropriation  for  military  pur- 
poses, to  each  company  of  tbe  National  Guard  of 
fifty  members  or  over,  and  an  amount  in  propor- 
tion to  every  company  of  less  than  fifty  members. 
Tbe  amount  so  audited  and  allowed  must  be  paid 
to  the  commanding  officers  of  such  companies  for 
tbe  use  thereof.  [Amendment  approved  April  1, 
1897;  Amendments  1897,  cb.  eclxi.  In  effect  imme- 
diately.] 

§  2100.  All  military  property  paid  for  out  of 
moneys  allowed  by  tbe  State  shall  be  held  to  be 
tbe  property  of  tbe  State,  and  must  be  enumerated 
in  tlie  annual  muster  roll  next  folloAving  its  pur- 
chase. [New  section  approved  March  12,  lSt8; 
Amendments  1877-8,  p.  41.  In  effect  March  12, 
1878.] 

§  2101.  [Repealed  April  1,  1897:  Amendments 
1897,  cb.  cclxi.    In  effect  immediately.] 

§§  2102,  2103,  2104.  [No  sections  of  these 
numbers.] 

§  2105.  There  must  be  audited  and  allowed  by 
the  board  of  military  auditors,  and  paid  out  of 
the  appropriations  for  military  purposes,  to  tlie 
commanding  officer  of  each  signal  corps  in  tbe 
National  Guard,  the  sum  of  three  dollars  per 
month  for  each  member  of  said  corps,  the  sum  so 
paid  to  be  used  for  aiynory  rents,  care  of  arms, 
and  proper  incidental  expenses  of  the  signal  corps; 
provided,   that   no   allowance  shall   be  made  for 


439  Adjutant  General.  §  2107 

more  than  forty  men  to  any  one  signal  corps.  De- 
mand shall  be  made  and  presented  in  the  same 
manner  as  for  the  expenses  of  a  company. 
[Amendment  approved  April  1,  1897;  Amendments 
1S97,  ch.  cclxi.    In  effect  immediately.] 


CHAPTER  VI. 

ADJUTANT  GENERAL. 

§  2107.  General  duties  of  Adjutant  General. 

§  2108.  Report   of. 

«  2109.  To  act  as   Chief  of  Staff. 

§  2110.  Staff  of. 

§  2111.  Transportation  of  arms. 

§  2112.  Salary  of  Armorer.     (Repealed.) 

S  2113.  Salary  of  Adjutant   General. 

§  2114.  Salary  of  Assistant  Adjutant  General. 

§  2115.  Salaries,    when    and    out    of    what    fund    payable. 

§  2116.  Official   bond. 

§  2117.  Title   in   force,    etc. 

§  2107.    It  is  the  duty  of  the  adjutant  general: 

1.  To  keep  and  preserve  the  arms,  accouter- 
ments.  ammunition,  and  other  military  property 
belonging  to  the  State; 

2.  To  lieep  on  file  in  his  office  all  returns  and  re- 
ports made  to  him; 

'.i.  To  keep  an  account,  in  a  manner  directed  by 
tlie  Commander-in-Chief,  of  all  moneys  received 
or  disbursed  by  him; 

4.  To  cause  so  much  of  tlie  militia  laws  as  shall 
be  in  force  to  be  printed  and  bound  in  proper  form 
and  distril)uted,  one  copy  to  each  commissioned 
officer,  supervisor's  clerk,"  and  county  assessor  in 
the  State,  and  also  to  prepare  and  cause  to  be 
furnished  to  the  National  Guard,  at  the  expense 
<}{  tlie  State,  all  necessary  blanlv  books,  blank 
forms,  and  notices  to  carry  into  full  effect  the 
provisions  of  this  section;  and  the  controller  is 
hereb.v  directed  to  draw  his  warrant  on  the  treas- 
urer of  the  State  for  tlie  expenses  incurred  unrler 
this  section,  after  having  tlie  approval  of  the 
Board  of  Militai-y  Auditors.  [Amendments  1877-8, 
p.  40.    In  effect  March  12,  1878.] 

5.  To  attest  all  commissions  issued  to  military 
officers; 


§§  2108-2111        Adjutant  General.  440 

<;.  To  iindientif-ate  ^^  itb  his  ofticial  seal  all  pa- 
pers issued  from  bis  ottice; 

7.  To  malce  out  and  transmit  the  annual  militia 
returns  prescribed  by  the  act  of  Congress  of 
Mareli  second,  eighteen  hundred  and  three; 

9.  To  perform  sucli  other  duties  as  are  required 
by  the  provisions  of  this  Title.  [In  effect  January 
20,  1876.] 

Amendment  of  1878— above  given,  attempts  to 
amend  portion  of  section,  without  re-enacting 
whole  section  and  publishing  it  at  length,  hence 
validity  of  change  is  doubtful. 

§  2108.  He  must  report  to  the  Governor  a 
statement: 

1.  Of  all  moneys  received  or  disbursed  by  him 
since  his  pi'eceding  report; 

2.  An  account  of  all  arms,  accoutrements,  am- 
munition, and  military  property  belonging  to  the 
State,  from  Avhat  source  received,  and  to  whom 
issued; 

3.  Of  the  present  condition  of  all  such  property 
under  his  charge; 

4.  The  number  and  condition  of  the  National 
Guard  and  of  the  enrolled  militia  of  the  State. 

§  2109.  He  is  ex  officio  Chief  of  Staff,  Quarter- 
master General,  Commissary  General,  Inspector 
General,  and  Chief  of  Ordnance. 

§  2110.  There  shall  be  an  assistant  Adjutant 
(ieneral  of  California,  who  shall  ranlv  as  Colonel 
on  the  Staff  of  the  Governor  and  Commander-in- 
Chief.  He  shall  be  appointed  by  the  Adjutant 
(General,  and  hold  office  at  his  pleasui'e.  [Amend- 
ment approved  March  4,  1881;  Stats.  1881,  p.  32. 
In  etfect  March  4,  1881.] 

§  2111.  The  transportation  of  arms,  equip- 
ments, and  military  stores  issued  to  troops,  or  re- 
ceived by  the  State,  and  all  other  military  trans- 
portation, must  be  contracted  for  by  the  Adjutant 
General,  under  the  direction  of  the  Commander- 
in-Cliief,  and  vouchers  for  such  transportation, 
when  audited  by  the  State  Board  of  ^lilitai-y  Audi- 
tors, must  be  paid  from  the  appropriation  for  mil- 
itary purposes,  on  the  warrant  of  the  Controller. 
[Amendment  approved  March  12,  1878;  Amend- 
ments 1877-8,  p.  40.    In  effect  March  12,  1878.] 


441  Adjutant  General.         §§  2112-2117 

§  2112.  [Repealed  January  20,  1876;  Amend- 
ments 1875-6,  p.  31.    In  effect  January  20,  1876.] 

§  2113.  The  annual  salary  of  the  Adjutant 
General  is  three  thousand  dollars. 

§  2114.  The  annual  salary  of  the  Assistant  Ad- 
jutant-General of  tlie  State  of  California  is  the 
same  as  the  salary  paid  to  deputies  for  other  State 
officers,  namely,  two  tliousand  four  hundred  dol- 
lars.    [In  effect  March  14,  1889.] 

§  2115.  The  salaries  provided  for  in  this  chap- 
ter are  payable  monthly  out  of  tlie  General  Fund 
of  the  State  Treasury. 

§  2116.  The  Adjutant  General  must  execute  an 
official  bond  in  the  sum  of  twenty-five  thousand 
dollars. 

Official  bonds:  Sees.  947-986. 

§  2117.  The  provisions  of  this  Title  shall  be  in 
force  and  effect  from  and  after  the  first  day  of 
May,  eighteen  hundred  and  seventy-two.  The  Ad- 
jutant General  is  hereby  directed  to  have  prepared 
and  printed  for  the  use  of  the  National  Guard  of 
the  State,  whenever  in  his  judgment  it  may  be 
deemed  necessary,  the  laws  and  regulations  au- 
thorized by  section  one  tliousand  nine  hundred 
and  forty-one  of  the  Political  Code.  After  dis- 
tributing a  sufficient  ntimber  to  the  officers  of  the 
National  Guard,  the  remaining  copies  may  be  sold 
to  members  of  companies  and  regiments,  and  to 
all  others  who  may  desire  to  purchase  the  same. 
The  price  of  copies  sold  shall  not  exceed  one  dol- 
lar. The  money  thus  received  shall  be  paid  by 
the  Adjutant  General  into  the  State  Treasury  at 
the  end  of  each  month.  1'he  moneys  thus  re- 
ceived by  the  State  Treasury  sliall  l)e  placed  to 
the  credit  of  the  General  Fund.  The  number  of 
copies  authorized  by  this  section  shall  not  exceed 
three  thousand  (8,000)  in  any  one  year.  [Amend- 
ment approved  March  4.  1881;  Stats.  1881,  p.  33. 
In  effect  March  4,  1881.] 


§  213G 


Insane   Asylum. 


442 


TITLE  V. 

PUBLIC  INSTITUTIONS. 

Chapter  I.  Insane  Asylum. 

II.  Deaf,  Dumb,  and  Blind  Asylum. 

III.  State  Library. 

lY.  Supreme  Court  Library. 

v.  Other  Public  Institutions. 


CHAPTER  I. 

INSANE  ASYLUM. 

Article  I.  Board  of  Directors. 

II.  Medical  Superintendent. 

III.  Assistant  Pliysicians. 

IV.  Treasurer. 

V.     General    Provisions. 
VI.     Examination  and  Committal   of  Insane  Persons. 


ARTICLE  I. 

THE    BOARD    OF    DIRECTORS    OF    THE    INSANE    ASY- 
LUM. 

§  2136.  Under   control    of   Board    of   Directors. 

§  2137.  Powers  and   duties   of   Board. 

§  2138.  Moneys   for  support  of  Asylum,   how   drawn. 

§  2139.  Board  must  contract  for  supplies. 

§  2140.  Compensation    of    Directors. 

§  2136.  The  Insane  Asylum,  located  at  Stock- 
ton, is  under  the  management  and  control  of  a 
Board  of  Directors,  consisting  of  five  persons,  ap- 
pointed and  holdius  their  olHces  as  provided  in 
Title  I,  Part  III,  of  this  Code. 

Board  of  directors— appointment  and  term  of  of- 
fice: Sees.  368,  subd.  2.  and  369. 

Appropriation  for  building:  Stats.  18S0,  p.  234  or 
61. 

Acts  relating  to  feeble-minded  children:  See 
General  Laws,  title  "Feeble  Minded  Children." 

Insane  asylums,  acts  relating  to:  See  General 
Laws,  title  "lusane." 

Home  of  inebriates.  See  General  Laws,  title 
"Home  of  Inebriates." 


443  Insane  Asylum.  §§  2137-2139 

Home  for  adult  blind:  See  General  Laws,  title 
"Home  for  Adult  Blind." 

§  3137.  The  powers  and  duties  of  the  Board  of 
Directors  of  the  Insane  Asylum  at  Stocliton  are  as 
follows: 

1.  To  make  by-laws  not  inconsistent  with  the 
laws  of  the  State  for  their  own  government,  and 
for  the  government  of  the  asylum. 

2.  To  hold  stated  meetings  at  the  asylum  for 
the  transaction  of  business  on  the  tenth  day  of 
each  month,  except  when  the  tenth  day  of  the 
month  shall  fall  on  Saturday  or  Sunday,  and,  in 
such  case,  the  meeting  shall  be  held  on  the  preced- 
ing Friday. 

3.  To  lieep  a  record  of  tlieir  proceedings  open 
at  all  times  to  the  inspection  of  any  citizen. 

4.  To  elect  a  Medical  Superintendent,  three  As- 
sistant Physicians,  and  a  Treasurer. 

5.  To  provide  on  the  ahylum  grounds  resi- 
dences, furniture,  provisions,  fuel,  and  lights  for 
the  Medical  Superintendent  and  Assistant  Physi- 
cians and  their  families,  and  until  such  residences 
are  provided  there  shall  be  allowed  to  each  of 
the  Assistant  Physicians  a  sum  not  exceeding  one 
hundred  and  fifty  dollars  per  month,  for  the  sub- 
sistence of  themselves  and  their  families. 

6.  To  malve  diligent  inquiry  into  the  depart- 
ments of  labor  and  expense,  the  condition  of  the 
asylum  and  its  pi-operty. 

7.  To  report  to  the  Governor  a  statement  of  the 
receipts  and  expenditures,  the  condition  of  the 
asylum,  the  number  of  patients  under  treatment, 
and  of  such  other  matters  touching  the  duties  of 
the  Board  as  is  advisable.  [Approved  March  15, 
18S9.] 

§  2138.  If  the  Board  approve  the  estimates 
.  made  under  the  provisions  of  section  2153,  it  must 
notify  the  Controller  of  State,  who  must  draw  his 
warrant  for  the  amount  estimated  in  three  equal 
sums  out  of  any  moneys  in  the  State  Treasury  ap- 
propriated for  the  use  of  the  Asylum. 

§  2139.  Upon  the  receipt  of  each  report  provid- 
ed for  in  subdivision  5  of  section  2152,  the  Board  of 
Directors  must  advertise  for  contracts  for  furnish- 
ing the  supplies  therein  specified,  for  three  succes- 
sive weelcs,  in  one  newspaper  in  each  of  the  cities 
of  Stockton,  Sacramento,  and  San  Francisco.    The 


§§  2140-2152  Insane  Asylum.  44  4 

coutract  must  be  awarded  to  the  lowest  bidder, 
upon  his  giving  satisfactory  security  for  the  faith- 
ful performance  of  the  same. 

§  2140.  The  Directors  shall  not  be  directly  or 
indirectly  interested  in  any  contract  or  contracts 
for  supplies  furnished  said  Asylum,  but  shall  re- 
ceive, as  rheir  compensation,  the  sum  of  ten  dol- 
lars per  day  for  their  services  in  attending  month- 
ly or  called  meetings  of  said  Board,  and  such 
mileage  as  is  provided  by  law  for  members  of  the 
Legislature  of  this  State,  payable  out  of  any  mon- 
eys set  apart  by  law  for  the  use  and  benefit  of 
said  Asylum  as  other  bills  and  accounts  against 
the  Asylum  are  paid;  provided,  the  amount  so  re- 
ceived as  per  diem  compensation  for  services  shall 
not  exceed  the  sum  of  one  hundred  and  forty  dol- 
lars per  year  to  each  Director.  [Amendment  ap- 
proved April  1.  1878;  Amendments  1877-8,  p.  45. 
In  effect  April  1,  1878.] 

Mileage  of  members  of  Legislature:  Sec.  266. 


ARTICLE  II. 

MEDICAL    SUPERINTENDENT. 

§  2150.  Qualifications  of. 

§  2151.  Term  of  office. 

§  2152.  General   powers   and   duties. 

§  2153.  Must  estimate   expenses  and   report   to   Directors. 

§  2154.  Salary. 

§  2155.  Bond.  _ 

§  2150.  The  Medical  Superintendent  must  be  a 
graduate  in  medicine,  and  must  have  practiced 
his  profession  five  years  after  the  date  of  his  di- 
ploma. 

§  2151.  His  term  of  office  is  four  years  from 
and  after  his  election. 

§  2152.  He  is  the  chief  executive  officer  of  the 
Asylum,  with  powers  and  duties  as  follows: 

1.  To  control  the  patients,  prescribe  the  treat- 
ment, and  prescribe  and  enforce  the  sanitary  reg- 
ulations of  the  Asylum; 

2.  With  the  consent  of  the  Board  of  Directors, 
to  fix  the  number  and  compensation  of,  and  ap- 


445  Insane  Asylum.  §§  2153-2155 

point,  control,  and  remove  tlie  attendants  and  as- 
sistants; 

3.  To  prescribe  and  enforce  the  performance  of 
the  duties  of  the  attendants  and  assistants; 

4.  To  prescribe  and  enforce  the  performance  of 
the  duties  of  the  Assistant  Physicians; 

5.  To  ascertain  and  report  to  the  Board  of  Di- 
rectors the  amount,  character,  and  quality  of  pro- 
visions, fuel,  and  clothing  required  for  the  six 
months  ending  on  the  first  of  May  and  November 
iu  each  year; 

6.  With  the  consent  of  the  Board  of  Directors, 
to  make  any  expenditure  necessary  in  the  per- 
formance of  his  duties,  except  for  provisions,  fuel, 
and  clothing; 

7.  To  receive  and  pay  to  the  Treasurer  all  mon- 
eys found  upon  insane  persons; 

8.  To  keep  a  daily  record  of  his  official  acts,  in 
the  mode  prescribed  by  the  by-laws; 

9.  To  make  up  his  annual  accounts  to  the  first 
of  July  in  each  year,  and  as  soon  thereafter  as 
possible  to  report  a  statement  thereof,  and  of  the 
general  condition  of  the  asylum,  to  the  Board  of 
Directors. 

Meetings  of  Superintendents — of  American  Insti- 
tutions for  the  Insane:  Superintendent  of  Stock- 
ton Asylum,  or  one  of  his  assistants,  may  attend, 
and  have  his  expenses  paid,  alternately  with  Res- 
ident Physician  of  Napa  Asylum,  or  one  of  his 
assistants:  Stats.  1878,  p.  767. 

§  2153.  He  must  estimate,  quarterly  in  ad- 
vance, the  probable  expenses  of  the  Asylum,  and 
submit  such  estimate  to  the  Directors,  at  then- 
stated  meetings,  for  their  consideration  and  ap- 
proval. 

§  2154.  The  annual  salary  of  the  Medical  Su- 
perintendent is  thirty-five  hundred  dollars. 

§  2155.    He   must   execute   an   official   bond    iu 
the  sum  of  twenty-thousand  dollars. 
Official  bonds:  Sees.  947-986. 
Pol.  Code— 38. 


§§  2165-2181  Insane  Asylum.  446 

ARTICLE  III. 

ASSISTANT  PHYSICIANS. 

§  2165.  Qualifications. 

§  2160.  Term   of   office. 

§  2167.  General   duties. 

§  2168.  Senior  Assistant,  as  Medical  Superintendent. 

§  2169.  Salaries. 

§  2165.  The  Assistant  Physicians  must  be 
graduates  in  medicine. 

§  2166.  Their  tenn  of  office  is  four  years  from 
and  after  their  appointment. 

§  2167.  They  must  perform  the  duties  and  ex- 
ercise the  powers  prescribed  by  the  Medical  Super- 
intendent or  the  by-laAA's. 

§  2168.  Durinir  the  absence  or  disability  of  the 
Medical  Superintendent,  the  Assistant  longest  in 
commission  must  perform  his  duties  and  exercise 
liis  poAvers. 

§  2169.  The  annual  salary  of  each  Assistant 
Physician  is  twenty-five  hundred  dollars. 

ARTICLE  IV. 

TREASURER. 

S  2179.  Member  of  Board   not   eligible. 

§  2180.  Tenure  of  oflace. 

§  2181.  General  duties  of. 

§  2182.  Salary. 

§  2183.  Bond. 

§  2179.  No  member  of  the  Board  of  Directors 
is  eligible  to  the  office  of  Treasurer. 

§  3180.  The  Treasurer  holds  his  office  at  the 
pleasure  of  the  Board  of  Directors. 

§  2181.    It  is  the  duty  of  the  Treasurer: 

1.  To  act  as  Secretary  of  the  Board  of  Direct- 
ors; 

2.  To  keep  the  accounts  of  the  Board,  and  of 
the  receipts  and  expenditures; 


447  Insane  Asylum.  §§  2182-2197 

3.  To  report  on  the  first  Monday  in  each  month 
to  the  State  Board  of  Examiners  a  statement  un- 
der oath  of  the  expenses  of  the  preceding  month; 

4.  To  perform  such  other  duties  as  may  be  re- 
quired of  him  by  the  by-laws  or  Board  of  Di- 
rectors. 

§  2182.  The  annual  salary  of  the  Treasurer  is 
six  hundred  dollars. 

§  2183.    He  must  execute  an  official  bond  in  the 
sum  of  twenty  thousand  dollars. 
Official  bonds:  Sees.  947-986. 


ARTICLE  y. 

GENERAL  PROVISIONS. 

§  2193.  Salaries,    when    and    out   of   what   fund    payable. 

§  2194.  Approval    and    filing   of   official    bonds. 

§  2195.  Restrictions    upon    residence    of    physicians. 

§  2196.  Restrictions    upon    business    of    physicians. 

I  2197.  Discharge    of    patients    on    recovery. 

§  2198.  Insane  convicts,    reception  and   return   of. 

§  2199.  Restrictions  upon  admission  of  non-residents. 

§  2200.  Disposition  of  moneys  unexpended  at  discharge. 

§  2193.    The  salaries  and    compensation    fixed. 
by  the  provisions  of  this  chapter  must   be  paid 
monthly  out  of  the  moneys  appropriated  for  the 
support  of  the  Asylum. 

§  2194.  The  official  bonds  required  by  tlie  pro- 
visions of  this  chapter  must  be  approved  by  the 
Board  of  Directors,  and  filed  and  recorded  in  the 
office  of  the  Secretary  of  State. 

Official  bonds:  Sees.  947  et  seq. 

§  2195.  The  Medical  Superintendent  and  eacli 
Assistant  Physician  must  reside  on  the  Asylum 
grounds. 

§  2196.  The  officers  mentioneil  in  the  preceding 
section  must  not  engage  in  tlie  i)rivate  i>ractice  of 
medicine,  but  must  devote  their  whole  time  to  tlie 
performance  of  tlieir  duties,  unless  granted  leave 
of  absence  by  the  Board  of  Directors. 

§  2197.  Insane  persons  received  in  the  Asylum 
must  upon  recovery  be  discharged  therefrom. 


§§  2198-2211  Insane  Asylum.  44s 

§  2198.  Insane  convicts  must  be  received  into 
the  Insane  Asylum,  and  returned  to  the  State 
Prison  a^ain,  as  provided  in  section  1230  of  the 
Penal  Code. 

§  2199.  No  insane  person,  nonresident  of  this 
State,  must  be  received  into  the  Asylum  unless 
he  became  insane  within  this  State. 

§  2200.  If  at  the  time  of  the  discharge  of  a 
person  from  the  Asylum,  or  after  the  death  and 
burial  of  any  person  therein  confined,  there  re- 
mains in  the  custody  of  the  Directors  or  Treas- 
urer any  moneys  paid  for  the  support  or  mainte- 
nance of  such  person,  it  must,  upon  demand,  be 
repaid. 

ARTICLE  VI. 

EXAMINATION    AND    COMMITTAL    OF    INSANE    PER- 
SONS. 

§  2210.  Examination,   before   whom. 

§  2211.  Two    witnesses. 

§  2212.  Two  physicians. 

§  2213.  Witnesses,    duty   of. 

S  2214.  Physicians,    duty  of. 

§  2215.  Certificate   of   physicians. 

§  2213.  To  be  made  on  forms,  etc. 

§  2217.  Action   of  Judge.     Commitment. 

§  221S.  Delivery   of   insane   person   at  Asylum. 

§  2219.  Money   found   on    insane    person. 

§  2220.  Idiots,    imbeciles,   etc.,   not   to   be  admitted. 

§  2221.  Compensation   for   delivery  of   insane   to   Asylum. 

i  2222.  Fees  of  physicians. 

§  2210.  Whenever  it  appears  by  affidavit  to  the 
satisfaction  of  a  magistrate  of  the  county  that  any 
person  within  the  county  is  so  far  disordered  in 
his  mind  as  to  endanger  liealth.  person,  or  prop- 
erty, he  must  issue  and  deliver  to  some  peace  offi- 
cer for  service  a  warrant,  directing  that  such  per- 
son be  arrested  and  taken  before  any  judge  of  a 
Court  of  record  within  the  county  for  examina- 
tion. 

Insane  asylums,  acts  relating  to:  See  General 
Laws,  title  "Insane." 

§  2211.  When  the  pei'son  is  talien  before  the 
judge  he  must  issue  subpoenas  to  two  or  more 


449  Insane  Asylum.         §§  2212-2217 

A\'itiiesses,  best  acquainted  Avitli  such  insane  per- 
son, to  appear  and  testify  before  him  at  such  ex- 
amination. 

§  2212.  The  judge  must  also  issue  subpoenas 
for  at  least  two  graduates  of  medicine  to  appear 
and  attend  such  examination. 

§  2213.  At  the  examination  the  persons  sub- 
poenaed must  appear  and  answer  all  questions 
pertinent  to  the  matter  under  investigation. 

§  2214.  The  physicians  must  hear  such  testi- 
mony, and  must  malie  a  personal  examination  of 
the  alleged  insane  person. 

§  2215.  The  physicians,  after  hearing  the  testi- 
mony and  malving  the  examination,  must,  if  they 
believe  such  person  to  be  dangerously  insane, 
mal%e  a  certiflcate,  under  tlieir  hand,  showing  as 
near  as  possible: 

1.  That  such  person  is  so  far  disordered  in  his 
mind  as  to  endanger  health,  person,  or  property; 

2.  The  premonitory  symptoms,  apparent  cause 
or  class  of  insanity,  the  duration  and  condition  of 
the  disease; 

3.  The  nativity,  age,  residence,  occupation,  and 
previous  habits  of  the  person; 

4.  The  place  froiu  wlience  tlie  person  came,  and 
the  length  of  his  residence  in  this  State. 

§  2216.  The  certificate  must  be  made  in  the 
form  prescribed  by.  and,  if  they  can  be  had,  upon 
blanlvs  furnished  by  the  Medical  Superintendent  of 
the  Asylum. 

§  2217.  The  judge,  after  such  examination  and 
certificate  made,  if  he  believes  the  person  so  far 
disordered  in  his  mind  as  to  endanger  health,  per- 
son, or  property,  must  make  an  order  that  he  be 
contined  in  the  Insane  Asylum.  A  copy  of  such 
order  sliall  b*^  filed  witli  and  recorded  bv  the 
County  Clerlv  of  the  county.  The  Clerk  sliall  also 
keep,  in  convenient  form,  an  index  book,  showing 
the  name,  age,  and  sex  of  each  person  so  ordered 
to  be  confined  in  the  Insane  Asylum,  with  the  date 
of  the  order,  and  the  name  of  the  Insane  Asylum 
in  which  the  person  is  ordered  to  be  confined.  No 
fees  shall  be  charged  by  the  Clerk  for  performing 


§§  2218-2221  Insane  Asylum.  45n 

any  of  the  duties  provided  for  by  this  section. 
[Amendment  approved  February  18,  1881;  Stats. 
1881,  p.  7.    In  eftect  February  18,  1881.] 

§  2218.  The  insane  person,  together  with  the 
order  of  the  judge  and  certificate  of  the  physi- 
cians, must  be  delivered  to  the  sheriff  of  the  coun- 
ty, and  by  him  must  be  delivered  to  the  officer  in 
charge  of  the  Insane  Asylum;  but  no  female  in- 
sane person  shall  be  taken  to  the  asylum  with- 
out the  attendance  of  some  other  female,  or  some 
relative  of  such  insane  person.  [Amendment  ap- 
proved March  9,  1895;  Stats.  1895,  p.  36.  In  effect 
March  9,  1895.] 

§  2219.  Any  moneys  found  on  the  person  of  an 
insane  person  at  the  time  of  arrest  must  be  cer- 
tified to  by  tlie  judge  and  sent  with  such  person  to 
the  asylum,  tliere  to  be  delivered  to  the  medical 
superiutendent,  who  must  deliver  the  same  to  the 
treasurer.  If  the  sum  exceed  one  hundred  dollars, 
the  excess  must  be  applied  to  the  payment  of  the 
expenses  of  such  person  while  in  the  asylum;  if 
the  sum  is  one  hundred  dollars  or  less,  it  must  be 
kept  and  delivered  to  the  person  when  discharged, 
or  applied  to  the  payment  of  fimeral  expenses  if 
the  person  dies  at  the  asylum. 

§  2220.  No  case  of  idiocy  or  imbecility,  or 
simple  feebleness  of  mind,  must  be  maintained  at, 
nor  must  any  case  of  delirium  tremens  be  ad- 
mitted into  the  asylum. 

S  2221.  Persons  delivering  insane  per.sons  at 
the  asylums  must  receive  all  expenses  necessarily 
inciu-red  in  their  transportation,  and  also  a  just 
and  reasonable  compensation  for  their  own  serv- 
ices, the  amount  of  the  expenses  and  compensa- 
tion In  each  case  to  be  audited  and  allowed  by  the 
board  of  examiners,  and  paid  otit  of  any  moneys 
in  the  State  treasury  appropriated  for  that  pur- 
pose. The  necessary  expenses  of  an  assistant, 
wlien  more  than  one  person  is  required  to  convey 
sucli  insane  person,  shall  also  be  allowed;  pni- 
vided.  however,  that  the  person  in  charge  of  such 
insane  person  shall  certify,  under  oath,  the  urgent 
necessity  of  such  assistance.  No  compensation, 
except  as  herein  provided,  shall  be  received  or 
allowed  for  delivering  insane  persons  at  the  asy- 


451     Deaf,  Dumb  and  Blind  Asyhim.  §§  2222-2240 

lums.  [Amendment  approved  April  12,  1880; 
Amendments  1880,  p.  49;  repealed  all  conflicting- 
acts.    In  effect  April  12,  1880.] 

§  2222.  The  physicians  attending  each  exami- 
nation of  an  insane  person  are  allowed  five  dol- 
lars each,  to  be  paid  by  the  county  treasurer  of 
the  county  wliere  the  examination  was  had,  on  the 
order  of  the  board  of  superivsors. 


CHAPTER    II. 

DEAF,   DUMB,  AND  BLIND   ASYLUM. 

Article  I.  General   Provisions. 

II.  Board   of   Directors. 

III.  Principal    Teaclier. 

i  IV.  Treasurer. 

ARTICLE    I. 

GENERAL  PROVISIONS. 

§  2237.  Object  of  Asylum. 

§  2238.  Who   entitled   to   its   benefits. 

§  2239.  Same. 

§  2240.  Clothing  and  maintenance  of  pupils. 

§  2241.  Blindness    and    deafness    defined. 

§  2242.  Geological  cabinet. 

§  2243.  Salaries,   how  paid. 

§  2244.  Approval    and    filing    of    ofllcial    bonds. 

§  2237.  The  deaf,  dumb,  and  blind  asylum,  lo- 
cated in  Alameda  county,  has  for  its  object  the 
education  of  tlie  deaf,  diimb,  and  blind. 

tVcts  relating  to  asylum:  See  General  Laws, 
title  "Deaf,  Dumb,  and  Blind." 

§  2238.  lOvery  deaf.  dumb,  or  blind  person,  res- 
ident of  tliis  State,  of  suitable  age  and  capacity, 
is  entitled  to  an  education  in  tliis  asylum  free  of 
charge. 

§  2239.  Sucli  persons  not  residents  of  this  State 
are  entitled  to  the  benefits  of  this  asylum  u])()u 
paying  to  tlie  treasurer  thereof  eiglity-iive  dollars 
(luarterly  in  advance. 

§  2240.  If  tlie  parents  or  guardians  of  any 
pupil  in  tlie  asylum  for  the  deaf,  dumb,  and  blind 


§§  2241-2254  Deaf,  Dumb  and  Blind  Asylum.     452 

shall  be  unable  to  clothe  such  child,  the  parent  or 
guardian  may  testify  to  such  inability  before  the 
judge  of  the  superior  court  of  the  county  wherein 
he  or  she  is  resident,  and  if  said  judge  is  satisfied 
that  the  parent  or  guardian  is  not  able  to  provide 
suitable  clothing  for  the  child,  he  shall  issue  a  cer- 
tificate to  that  effect;  and  upon  presentation  of 
such  certificate,  it  shall  be  the  duty  of  the  direct- 
ors of  said  asylum  to  clothe  the  child,  the  expenses 
to  be  paid  out  of  the  appropriations  made  for  the 
support  of  the  asylum.  All  pupils  in  the  asylum 
shall  be  maintained  at  the  expense  of  the  State. 
[Amendment  approved  April  3,  1880;  Amendments 
1880,  p.  21.     In  effect  April  3,  1880.] 

§  2241.  Inability  by  reason  of  defective  sight 
to  read  ordinary  printed  matter  is  blindness,  and 
inability  to  hear  ordinary  conversation  is  deaf- 
ness, within  the  meaning  of  this  chapter. 

§  2242.  The  State  geologist  and  regents  of  the 
universiety  may  make  up  from  duplicate  specimens 
under  their  control  a  geological  cabinet  for  the 
use  of  the  asylum. 

§  2243.  The  salaries  mentioned  in  this  chapter 
must  be  paid  monthly  out  of  the  moneys  appro- 
priated for  the  support  of  the  asylum. 

§  2244.  The  official  bonds  required  by  the  pro- 
visions of  this  chapter  must  be  approved  by  the 
board,  and  filed  and  recorded  in  the  office  of  the 
Secretary  of  State. 

Oflacial  bonds:  Sees.  947-988. 


ARTICLE    II. 

BOARD    OF    DIRECTORS. 

§  2254.  Under  control   of  Board   of   Directors. 

§  2255.  Powers  and  duties   of  Board. 

§  2256.  Approval  of  estimates  and   drawing  of  moneys. 

§  2257.  Directors    to    receive    no    salary. 

§  2254.  The  asylum  is  under  the  management 
and  control  of  a  board  of  directors,  consisting  of 
five  persons,  appointed  and  holding  their  offices  as 
provided  in  Title  I  of  Part  III  of  this  Code. 

Board  of  Directors— appointment  and  term  of 
office:  Sees.  368,  subd.  2,  and  369. 


453    Deaf,  Dumb,  and  Blind  Asylum.  §§  2255-2257 

§  2255.  The  powers  and  duties  of  the  board  are 
as  follows: 

1.  To  make  by-laws,  not  inconsistent  with  the 
laws  of  the  State,  for  tlieir  own  government,  and 
the  government  of  the  asylum. 

2.  To  elect  the  principal  teacher. 

3.  To  elect  a  treasurer,  who  shall  not  be  a  mem- 
ber of  the  board  of  directors. 

4.  To  elect  a  physician  for  the  asylum,  for  the 
term  of  two  years,  who  shall  not  be  a  member  of 
the  board  of  directors. 

5.  To  remove,  at  pleasure,  any  teacher  or  em- 
ployee. 

6.  To  fix  the  compensation  of  teachers  and  em- 
ployees. 

7.  To  make  dilis?ent  inquiry  into  the  depart- 
ments of  labor  and  expense,  the  condition  of  the 
asylum,  and  its  prosperity. 

8.  To  hold  stated  meetings  at  the  asylum  at 
least  once  in  every  three  months. 

9.  To  keep  a  record  of  their  proceedings; 

10.  To  report  to  the  Governor  a  statement  of 
the  receipts  and  expenditures,  the  condition  of  the 
asylum,  the  number  of  pupils,  and  of  such  other 
matters  touching  the  duties  of  the  board  as  they 
deem  advisable.  [Amendment  approved  March 
30,  1874;  Amendments  1873-4,  p.  30.  In  effect  .July 
6,  1874.] 

Power  of  board  over  bequests— to  manage  and 
invest,  also  to  act  on  estimates  made  under  sec. 
2168:  Stats.  1876,  p.  686. 

Act  conferring  certain  powers  on  board:  See 
General  Law^s,  title  "Deaf.  Dumb,  and  Blind." 

§  2256.  If  the  board  approve  the  estimates 
made  under  the  provisions  of  section  2268,  it  must 
notify  the  Controller  of  State,  who  must  draw  his 
warrant  for  the  amount  estimated,  in  three  equal 
sums,  payable  to  the  board  monthly,  out  of  any 
moneys  in  the  State  Treasury  approi)riated  for  th(^ 
use  of  the  asylum. 

§  2257.    The  directors  receive  no  compensation. 


§§  2267-2270  Deaf,  Dumb,  and  Blind  Asylum.    47,4 


ARTICLE    III. 

PRINCIPAL  TEACHER. 

§  2267.  Qualifications. 

§  2268.  Powers  and  duties. 

§  2269.  Salary. 

§  2270.  Bond. 

§  2267.  The  principal  teacher  must  have  not 
less  than  three  years'  experience  in  the  art  of 
teaching;  the  deaf,  dumb,  and  blind. 

§  2268.  He  is  the  chief  executive  officer  of  the 
asylum,  with  powers  and  duties  as  follows: 

1.  To  superintend  the  grounds,  buildings,  and 
property  of  the  asylum. 

2.  With  the  consent  of  the  board  of  directors, 
to  fix  the  number  of  and  appoint  and  remove  the 
assistant  teachers  and  employees. 

8.  To  prescribe  and  enforce  the  performance  of 
tlie  duties  of  the  assistant  teachers  and  employees. 

4.  To  control  the  pupils  and  prescribe  and  en- 
force a  system  of  instruction. 

5.  To  reside  at  the  asylum. 

6.  To  Ivcep  a  daily  record  of  his  official  acts  in 
the  manner  prescribed  by  the  by-laws. 

7.  To  estimate  quarterly  in  advance  the  ex- 
penses of  the  institution,  and  report  such  estimate 
to  the  board  of  directors. 

8.  To  make  up  his  annual  accounts  to  the  first 
of  July  in  each  year,  and  as  soon  thereafter  as 
possible  report  a  statement  thereof  and  of  the 
condition  of  the  asylum  to  the  board  of  directors. 

§  2269.  His  annual  salary  must  not  exceed 
three  thousand  dollars. 

§  2270.    He  must  execiite  an  official  bond  in  the 
sum  of  five  thousand  dollars. 
Official  bonds:  Sec.  947  et  seq. 


455    Deaf,  Dumb,  and  Blind  Asylum.    §§  2280-2282 

ARTICLE    IV. 

TREASURER. 

§  2280.    Duties   of. 
§  2281.    Salary. 
§  2282.     Bond. 

§  2280.    It  is  the  duty  of  tBe  treasurer: 

1.  To  act  as  secretary  of  the  boai'd  of  directors. 

2.  To  keep  the  accounts  of  the  board  and  of  the 
receipts,  expenditures,  assets,  and  liabilities  of  the 
asylum. 

3.  To  report  quarterly  to  the  board  a  statement 
under  oath  of  the  receipts  and  expenditures  of  the 
preceding  quarter. 

4.  To  perform  such  other  duties  as  may  be  re- 
quired of  him  by  the  by-laws  or  board  of  direc- 
tors. 

§  2281.  The  annual  salary  of  the  treasurer 
shall  not  exceed  twelve  hundred  dollars,  and  shall 
be  fixed  by  the  board  of  directors.  [Amendment 
approved  February  2,  1891;  Stats.  1891,  p.  3.  In 
effect  immediately.] 

§  2282.  He  must  execute  an  official  bond  in  the 
sum  of  ten  thousand  dollars. 


§§  2292-2294  State  Library.  456 

CHAPTER   III. 

STATE    LIBRARY. 

§  2292.  Board  of  Trustees,   and  term   of  office  of. 

§  2293.  General    powers    and   duties    of    Board. 

§  2294.  Term   of   office   of  Librarian. 

§  2295.  General  duties  of  Librarian. 

§  2296.  Who  may  t#ke  books. 

§  2297.  Books   taken  by  members   of   Legislature. 

§  2298.  Books   taken   by   State   officers. 

§  2299.  Liability   for   injury   to   books. 

§  2300.  Library    Fund. 

§  2301.  Library,  time  to  be  kept  open. 

§  2302.  Salary  of  Librarian, 

§  2303.  Salary  of  Deputies. 

§  2304.  Bond  of  Librarian. 

§  2305.  When   this    Chapter   takes    effect. 

§  2292.  The  State  library  is  under  ttie  control 
of  a  board  of  trustees,  consisting  of  five  mem- 
bers, elected  by  tlie  Legislature  in  joint  conven- 
tion assembled,  and  holding  their  offices  for  the 
term  of  four  years. 

Origin  of  chapter:  See  Stats.  1860,  p.  168;  1861, 
p.  45;  1864,  p.  198;  1866,  p.  135;  1870,  p.  381. 

San  Francisco  Law  Library:  Stats.  1870,  p.  235; 
Stats.  1880,  p.  194. 

§  2293.  The  powers  and  duties  of  the  board  are 
as  follows: 

1.  To  make  rules  and  regulations  not  incon- 
sistent with  law  for  their  government  and  for  the 
government  of  tlie  library. 

2.  To  appoint  a  librarian. 

3.  Whenever  necessary,  to  authorize  the  libra- 
rian to  appoint  an  additional  deputy. 

4.  To  sell  or  exchange  duplicate  copies  of  booljs. 

5.  To  keep  in  order  and  repair  the  books  and 
property  in  the  library. 

6.  To  draw  from  the  State  treasury  at  any 
time  all  moneys  therein  belonging  to  the  library 
fund. 

7.  To  report  to  the  Governor  biennially  a  state- 
ment of  their  transactions. 

§  2294.    The  librarian  holds  his  office  for  the 


457  State  Library.  §§  2295-2298 

term  of  four  years,  unless  sooner  removed  by  a 
unanimous  vote  of  all  the  trustees. 

§  2295.    It  is  the  duty  of  the  librarian: 

1.  To  be  in  attendance  at  the  library  during 
otRce  hours. 

2.  To  act  as  secretary  of  the  board  of  trustees, 
and  keep  a  record  of  their  proceedings. 

3.  To  purcliase  bool<;s,  maps,  engravings,  paint- 
ings, and  furniture  for  the  library. 

4.  To  number  and  stamp  all  books  and  maps 
belonging  to  the  librai'y.  and  to  keep  a  catalogue 
thereof. 

.5.  To  have  bound  all  books  and  papers  that  re- 
quire binding. 

6.  To  keep  a  register  of  all  books  and  property 
added  to  library,  and  of  the  cost  thereof. 

7.  To  keep  a  register  of  all  books  taken  from 
the  library. 

8.  To  establish  and  maintain  a  system  of  do- 
mestic and  foreign  exchange  of  books,  and  to 
obtain  from  the  Secretary  of  State  such  numbers 
of  all  State  publications  as  may  be  sufficient  to 
meet  the  demands  of  the  system  established. 
[Amendment  approved  March  30,  1874;  Amend- 
ments 1873-4,  p.  37.    In  effect  July  G,  1874.] 

Cabinet  department— in  State  library:  Stats. 
1872,  p.  824.  Transfer  of  mineralogical  specimens 
to  mining  bureau,  Senate  Concurrent  Resolution 
No.  10,  in  Stats.  1881.  p.  103. 

§  2296.  Books  may  be  taken  from  the  library 
by  the  members  of  the  Legislature  during  the  ses- 
sions thereof,  and  by  other  State  officers  at  any 
time. 

S  2297.  Books  taken  by  members  of  the  Legis- 
lature must  be  returned  at  the  close  of  the  session; 
and  before  the  Controller  draws  his  warrant  in 
favor  of  any  member  of  the  Legislature  for  his 
last  week's  salary,  he  must  be  satisfied  that  such 
member  has  returned  all  books  taken  by  him 
and  paid  for  any  injuries  thereto. 

§  2298.    The  Controller,  if  notified  by  the  libra- 
rian that  any  officer  has  failed   to  return  books 
taken  by  him  within  the  time  prescribed  by  the 
rules,  and  after  demand  made,  must  not  draw  his 
Pol.  Code— 39. 


§S  2299-2314    Supreme  Court  Library.  4"^ 

warrant  for  the  salary  of  such  officer  until  tli' 
return  is  made,  or  three  times  the  value  of  tin 
boolxs,  or  of  any  injuries  thereto,  has  been  paid 
to  the  librarian. 

§  2299.  Every  person  who  injures  or  fails  to  re- 
turn any  boolc  talien  is  liable  to  the  librarian  in 
three  times  the  value  thereof. 

§  2300.  The  State  library  fund  consists  of  the 
fees  collected  and  paid  into  the  State  treasury  by 
the  Secretary  of  State  and  Surveyor-General. 
[Amendment  appoved  March  30,  1874;  Amend- 
ments 1873-4,  p.  38.     In  effect  July  6.  1874.] 

§  2301.  During  the  session  of  the  Legislature 
and  of  the  Supreme  Court,  the  library  must  be 
kept  open  every  day  from  nine  o'clock  a.  m.  until 
nine  o'cloclv  p.  m..  and  at  other  times  during  such 
hours  as  the  trustees  may  direct. 

§  2302.  The  annual  salary  of  the  librarian  is 
three  thousand  dollars. 

§  2303.  The  annual  salary  of  each  deputy  is 
eighteen  Imndred  dollars. 

§  2304.    The  librarian  must  execute  an  official 
bond  in  the  sum  of  three  thousand  dollars. 
Official  bonds:  Sec.  947  et  seq. 

§  2305.  This  chapter  shall  be  in  force  and  ef- 
fect from  and  after  the  first  day  of  May.  eighteen 
hundred  and  seventv-two. 


CHAPTER   lY. 

SUPREME    COURT    LIBRARY. 

§  2313.  Who  may  use. 

«  2314.  Librarian    and    his    duties. 

§  2315.  Who  may  take  books. 

S  2316.  Fund    for    support    of. 

§  2313.    This  library  is  for  the  use  of  the  jus- 
tices and  counselors-at-law  of  the  Supreme  Court. 

S  2314.    The  justices  of  the  Supreme  Court  are 
hereby  authorized  to  appoint  a  librarian  for  the 


459  Other  Public  lustitutious.  §§  231o-2:52() 

Supreme  Court  library,  who,  under  their  direction, 
shall  conduct  its  affairs  and  be  responsible  for  its 
care.  He  shall  receive  the  salary  provided  for  in 
section  seven  hundred  and  thirty-nine  of  this 
Code.  [Amendment  approved  March  27,  1897; 
Amendments  1897,  ch.  cl.    In  effect  immediately.] 

§  2315.  Books  may  be  taken  from  this  library 
by  the  justices  of  the  Supreme  Court.  At  the  re- 
quest of  a  counselor  of  the  Court,  the  bailiff  must 
take  from  the  library  to  the  Courtroom  books  for 
use  in  the  argument  of  any  caus®^ 

§  2316.  The  Supreme  Court  library  fund  con- 
sists of  fees  collected  by  the  clerk  of  the  Court,  as 
provided  in  section  753  of  this  Code,  and  is  under 
the  control  of  the  Court.  Upon  its  order  the  Con- 
troller must,  "Without  the  approval  of  any  board, 
draw  his  warrant  upon  the  treasurer  for  the 
amount  specified,  and  in  favor  of  the  person  des- 
ignated in  such  order,  which  warrant  must  be  paid 
out  of  such  fund. 


CHAPTER    V. 

OTHER  PUBLIC   INSTITUTIONS. 

§  2326.    State   Agricultural    Society. 

§  2327.    University   of   California,    Normal    School. 

§  2328.     State   Prison. 

§  2326.  The  powers,  duties,  privileges,  and 
rights  of  the  California  State  Agricultural  Society 
are  fixed  by  "An  Act  to  incorporate  the  State 
Agricultural  Society,  and  to  appropriate  money  for 
its  support."  approved  May  thirteenth,  eighteen 
hundred  and  fifty-four,  and  the  acts  supplemental 
tliereto,  approved  March  twelfth,  eighteen  hun- 
dred and  sixty-three,  and  April  thirteenth,  eigh- 
teen hundred  and  sixty-three. 

Board  of  Agriculture:  See  sec.  705. 

Acts  relating  to  State  Agricultural  Society: 
Stats.  18,54,  p.  163:  1858,  p.  80.  Supplementary 
Acts.  Stats.  1863,  pp.  49,  259.  Act  for  encourage- 
ment of  agriculture  and  other  industries:  Stats. 
1872.  p.  442.  Special  Acts:  Stats.  18.59,  p.  20;  1861: 
pp.  228,  272,  .501:  1864.  p.  313;  1870,  p.  820;  1874, 
3.  619;  1876,  p.  ,574;  1878.  p.  332.  State  manage- 
nent  and  control:  Stats.  1880,  p.  212  or  49.  See 
also  General  Laws,  title  "Agriculture." 


§§  2327,  2328  other   Public   Institutions.  4»;m 

Agricultural  societies— ag:ricultural  districts  and 
agricultural  associations  therein  under  State  con- 
trol: Stats.  1880.  p.  238  or  G2.  J^ormer  Act  on  like 
subject:  Stats.  1859,  p.  104;  amd.  by  Stats.  1878, 
p.  84.  Agricultural  Fair  Corporations:  Civil  Code, 
sees.  620-622,  and  see  sec.  288  of  same.  See  also 
Oeneral  Laws,  title  "Agriculture.' 

Horticultural  Commissioners — County  Boards  of: 
Stats.  1881,  p.  88.  See  also  General  Laws,  title 
"Horticulture." 

§  2327.  The  control  and  management  of  the 
University  of  California  and  the  State  Normal 
School  are  provided  for  in  Title  III,  of  Part  III, 
of  this  Code. 

University  of  California:  Sees.  1385-1477. 

State  Normal  School:  Sees.  1487-1507. 

§  2328.  The  control  and  management  of  the 
State  Prison  is  provided  for  in  Part  III  of  the 
Penal  Code. 

State  Prison— Control  and  management  of:  See 
Act  in  Stats.  1880,  p.  243  or  67;  amd.  by  Stats. 
1881,  p.  81.  Appropriations  for  deficiencies  for 
completion  of  Branch  State  Prison  at  Folsom: 
Stats.  1881.  p.  38;  for  manufacture  of  jute  at  State 
Prison  in  San  Quentin:  Stats.  1881.  p.  34.  Acts 
relating  to  state  prisons:  wSee  Penal  Code,  Appen- 
dix, p.  654,  title  "State  Prisons." 

Other  public  institutions— State  Hospital  and 
Asylum  for  Miners  created:  Stats.  1881,  p.  83. 

See  sec.  573,  Penal  Code. 


461  Public  Waters.  §  2348 

TITLE    VI. 

PUBLIC  WAYS. 

Chapter  I.  Public  Waters. 

II.  Highways. 

III.  Toll  Roads. 

IV.  Toll  Bridges  and  Ferries. 

V.    Wharves,  Chutes,  and  Piers. 
VI.    Miscellaneous  Provisions  Relating  to 
Public  Ways. 

CHAPTER    I. 

PUBLIC   WATERS. 

Article  I.  General    Provisions    respecting    Public    Waters. 

II.  Navigation. 

III.  Floating    Lumber. 

IV.  Wrecks   and    Wrecked    Property. 
V.  Pilots   and   Pilot   Commissioners. 

VI.    Pilot    Regulations    for    San    Francisco,    Benicia, 
and  Mare  Island. 
VII.    Pilot  Regulations  for  Humboldt  Bay  and  Bar. 
VIII.    Port  Wardens. 
IX.    San    Francisco   Harbor   and    State   Harbor   Com- 
missioners. 
X.    Harbor    Commissioners    for    Port   of    Eureka. 
XI.    Harbor  Commissioners  for  Bay  of  San  Diego. 

ARTICLE    I. 

GENERAL    PROVISIONS      RESPECTING      PUBLIC     WA- 
TERS   AND    OBSTRUCTIONS    THEREIN. 

§  2348.    What   waters   are   public   ways. 

§  2349.    Certain     streams   and   waters     declared     navigable, 

and  are  public  ways. 
§  2350.    Penalty  for  felling  trees   into  public  waters. 
§  2351.    Napa  creeks  declared  navigable. 

§  2348.  Navigable  waters  and  all  streams  of 
sufficient  capacity  to  transport  the  products  of  the 
country  are  public  ways  for  the  purposes  of  navi- 
gation .and  of  such  transportation. 

Navigable  waters— frontages  on,  subject  to  right 
of  eminent  domain:  Const.  Cal.  1879,  art.  15,  see. 


§  2349  Public  Waters.  462 

1;  prohibition  against  obstruction:  Const.  Cal. 
1879,  art.  15,  sec.  2. 

Navigable  stream — obstructing  is  misdemeanor: 
I'enal  Code,  sec.  612. 

Bridges— across  navigable  streams  and  other 
waters:  Stats.  1881,  p.  78. 

Towpaths — along  banks  of  navigable  streams, 
authorized:  Stats.  1872,  p.  940. 

Watercourses  as  boundaries:  See  sec.  830,  Civ. 
Code. 

Improving  streams  noAV  navigable:  Sec.  4085, 
post. 

Declaring  streams  innavigable  for  floating  lum- 
ber: See  General  Laws,  title  "Waters." 

xVppointment  of  examining  commission  on  rivers 
and  harbors:  See  General  Laws,  title  "Waters." 

§  2349.  The  following  streams  and  waters  are 
declared  public  ways:  So  much  of  a  slough  as  lies 
between  Simons  Canal,  in  the  town  of  Alviso,  and 
the  bay  of  San  Francisco;  Petaluma  River,  from 
its  month  to  the  southerly  line  of  Washington 
Street,  in  the  city  of  Petaluma;  the  Sonoma  River, 
between  its  mouth  and  a  point  opposite  Fowler's 
Hotel,  in  the  town  of  San  Luis:  the  Napa  River, 
between  its  mouth  and  the  toll-bridge;  the  Suisun 
River,  between  its  mouth  and  the  town  of  Suisun 
embarcadero;  the  .Sacramento  River,  between  its 
mouth  and  tlie  moutli  of  Middle  Creels;  the 
Feather  River,  between  its  mouth  and  a  point 
fifty  feet  below  the  bridge  crossing  Feather  River 
first  above  the  mouth  of  the  Yuba  River;  the 
Yuba  River,  between  its  mouth  and  a  point  at  the 
mouth  of  the  slough  at  the  foot  of  F  Street,  in  the 
city  of  ^Larysville:  the  San  Joaquin  River,  be- 
tween its  mouth  and  Sycamore  Point;  the  Stocli- 
ton  Slough,  between  its  mouth  and  the  west  line  of 
El  Dorado  Street,  in  Stocliton:  the  Mokelumne 
River,  between  its  mouth  and  the  first  falls;  the 
Tuolumne  River,  between  its  mouth  and  Dickin- 
son's Ferry;  Deer  Creek,  between  the  house  of 
Peter  Lassen  and  its  mouth;  Big  River,  three 
miles  from  its  mouth;  Noyo  River,  three  miles 
from  its  mouth;  Albion  River,  three  miles  from  its 
mouth;  San  Antonio  Creek,  in  the  county  of  Ala- 
meda, from  its  mouth  to  the  old  embarcadero  of 
San  Antonio;  the  Arroyo  del  Medo,  in  the  county 
of  Santa  Clara,  from  its  mouth  to  the  upper  line  of 
the  town  of  New  Haven;  Mission  Creek,  in  the 


463  Public  Waters.  §  2349 

county  of  San  Francisco;  that  portion  of  Channel 
Street  in  the  city  of  San  Francisco,  and  lying  east 
of  and  between  the  easterly  line  of  Harrison 
Street  and  the  water-front  of  tlae  bay  of  San  Fran- 
cisco, the  width  thereof  to  be  sixty  feet  from  Har- 
rison to  the  northeasterly  line  of  Seventh  Street, 
and  one  hundred  and  forty  feet  froin  the  north- 
easterly line  of  Seventh  to  the  city  front;  that 
certain  creek  running  through  tide-land  survey 
numbered  sixty-eight,  and  swamp  and  overflowed 
land  survey  numbered  one  hundred  and  fortj'-five, 
from  its  mouth  to  the  head  of  tide-water  therein; 
San  Leandro  Creeli,  from  its  mouth  at  San  Fran- 
cisco Bay  to  x\ndrews's  Landing;  San  Lorenzo 
Creeli,  from  its  mouth  at  San  Francisco  Bay  to 
Roberts's  Landing:  Johnson's  Creek,  from  its 
mouth  at  San  Francisco  Bay  to  Simpson's  Land- 
ing; the  north  branch  of  Alameda  Creek,  from  its 
mouth  to  Eden  Landing;  Sau  Rafael  and  Corte 
Madera  creeks,  in  Marin  county,  from  their  mouths 
as  far  up  as  tide-water  tiows  therein;  the  Neuces 
Creek,  from  its  mouth  at  Suisun  Bay  to  a  point 
one-half  mile  above  the  warehouse  of  George  P. 
Loucks;  Diablo  Creek,  from  its  junction  with  the 
Neuces,  to  a  point  opposite  the  warehouse  of 
Frank  Such,  in  Contra  Costa  Coimty;the  Arroyo 
fie  San  Antonio,  or  Keys  Creek,  in  Marin  County, 
from  its  mouth  at  Tomales  Bay  to  the  warehouses 
on  the  point  at  Keys  embarcadero;  all  the  streams 
and  sloughs  emptying  into  Elk  River,  and  all 
streams  and  sloughs  south  of  Eureka,  in  Hum- 
boldt County,  which  are  now  or  at  any  time  have 
been  used  for  the  purpose  of  floating  logs  or  tim- 
ber, and  all  the  sloughs  south  of  Humboldt  Point, 
in  said  county,  that  at  high  water  have  a  depth 
of  two  feet  of  water,  and  wide  enough  to  float  and 
admit  a  boat  carrying  five  tons  or  more  freight; 
Novato  Creek,  or  estuary,  in  Marin  County,  from 
its  mouth  to  Sweetzer's  Landing;  Salinas  River 
and  Elkhorn  Slough,  or  Estero  Viejo,  in  Monterey 
County,  from  its  mouth  as  far  up  as  tide-water 
flows.  [Amendment  approved  March  11,  1891; 
Stats.  1891,  p.  96.] 

Basis  of  section:  Stats.  1852,  pp.  182,  223;  1854, 
p.  18;  1858,  p.  127;  1860,  pp.  126,  159,  257;  1861, 
pp.  49,  274;  1868,  pp.  355,  356,  486,  680;  1870,  pp. 
<j63,  72L 

Acts  declaring  streams  navigable:  See  General 
Laws,  title  "Waters." 


S§  2350-2360  Navigation.  464 

§  2350.  Whoever  cuts  or  causes  to  be  cut  down 
any  ti'ee  so  that  it  falls  into  any  stream  or  other 
waters  declared  by  statute  to  be  a  public  way,  and 
does  not  remove  it  therefrom  within  tweny-four 
hours  thereafter,  is  liable  to  a  penalty  of  five  dol- 
lars for  each  tree. 

Malicious  injuries  to  public  highways — private 
ways  and  bridges  upon  either,  punishment  for: 
Penal  Code,  sec.  588. 

Causing  obstruction  to  harbor— by  throwing  bal- 
last overboard,  or  otherwise,  is  misdemeanor: 
Penal  Code,  sec.  613. 

§  2351.  The  streams  known  as  First  Napa 
Creelv,  Second  Napa  Creek,  and  Third  Napa  Creek, 
in  the  County  of  Sonoma,  and  between  the  Napa 
and  Sonoma  Rivers,  in  the  County  of  Sonoma,  are 
hereby  declared  navigable  waters  of  the  State,  in 
pursuance  of  Title  Sixth,  Chapter  One.  Article 
One.  of  Part  Three,  of  said  Code.  [Amendment 
approved  March  26,  1878;  Amendments  1877-8,  p. 
45.    In  effect  in  sixty  days.] 

ARTICLE    II. 

NAVIGATION. 

i  2360.  Steamers    meeting. 

§  2361.  Landing  and  receiving  passengers  by  small  boat. 

§  2362.  Lines    used    for    landing   not   to   be   drawn   by   ma- 
chinery. 

§  2363.  The  engine  to  be  stopped. 

§  2364.  Boats,   oars,   and   signals. 

§  2365.  Steamers  overtaking. 

§  2366.  Steamers  to  carry  signals  at  night. 

§  2367.  Penalties,    what  amount. 

§  2368.  Vessels  at   anchor   to   show   lights. 

§  2369.  No  recovery  for  collision  in  case  of  neglect. 

§  2370.  Rafts  on  the  Sacramento  and  San  Joaquin  Rivers. 

§  2371.  Vessels   to   carry   what  boats. 

§  2372.  Penalty,   what  amount. 

§  2373.  Racing,  penalty  for. 

§  2374.  Steamboats  to  wear  spark  catchers. 

§  2375.  Inspectors  to  supervise  and  direct  spark  catchers. 

§  2376.  Compensation  of  Inspectors. 

§  2377.  Neglect   of   duty  and   penalty   therefor. 

§  2378.  Owner  liable  for  master's  or  engineer's  penalties. 

§  2379.  Penalties,  how  recovered. 

§  2360.  When  steamers  meet  each  must  turn 
to  the  right,  so  as  to  pass  without  interference. 


465  Navigation.  §§  2361-2367 

Rules  of  Navigation— collisions,  etc:  Civil  Code, 
sees.  970-973. 

Actions  against  steamers,  vessels,  and  boats: 
Code  Civ.  Proc,  sees.  813-827. 

§  2361.  When  a  passenger  is  to  be  landed  from 
a  steamer  by  means  of  a  small  boat,  he  must  not 
be  suffered  to  get  into  it  until  it  is  completely 
afloat  and  wholly  disengaged  from  the  steamer, 
except  by  the  painter. 

§  2362.  No  line  used  for  the  purpose  of  landing 
or  receiving  passengers  must  be  attaclied  in  any 
way  to  the  machinery  of  any  steamer,  nor  must 
the  small  boat  used  for  such  purpose  be  hauled  in 
by  means  of  such  machinery. 

§  2363.  During  the  landing  and  receiving  of  a 
passenger,  and  the  going  and  returning  of  the 
small  boat  for  the  purpose,  the  engine  must  be 
stopped,  and  must  not  be  put  in  motion  except  to 
give  sutticient  force  to  keep  the  steamer  in  a 
proper  direction  and  safe  position. 

§  2364.  In  every  small  boat  there  must  be  liept 
a  good  and  suitable  pair  of  oars;  and  in  the  night- 
time a  signal,  by  means  of  a  horn  or  trumpet, 
must  be  given  to  the  steamer  from  the  small  boat, 
when,  having  landed  or  received  its  passengers, 
it  is  ready  to  leave  the  shore. 

§  2365.  A  steamer  going  in  the  same  direction 
with  another  steamer  ahead  of  it  must  not  ap- 
proach or  pass  the  other  within  the  distance  of 
ten  yards;  and  the  steamer  ahead  must  not  be  so 
navigated  as  unnecessarily  to  bring  it  within  ten 
yards  of  the  steamer  following. 

§  2366.  When  any  steamer  is  running  in  the 
nighttime  her  master  must  cause  her  to  carry 
two  con.spicuous  lights;  one  exposed  near  her  bow 
and  the  other  near  her  stern;  the  latter  must  be 
at  least  twenty  feet  above  her  deck. 

§  2367.  Every  master  or  other  person  in  charge 
who  violates  any  of  the  provisions  of  the  preced- 
ing seven  sections,  incurs  a  penalty  of  two  hun- 
dred and  fifty  dollars  for  each  offense. 


§§  2368-2373  Navi^'ation.  466; 

§  2368.  When  any  vessel  is  at  anchor  in  the 
nighttime  in  any  of  the  harbors  or  ports  within 
the  jurisdiction  of  this  State,  the  master  or  other 
person  at  the  time  in  charge  of  the  vessel  must 
cause  a  conspicuous  light  shown  in  her  rigging 
at  least  twenty  feet  above  her  deck,  and  another 
light  from  her  taffrail,  under  penalty  of  fifty  dol- 
lars for  every  neglect. 

§  2369.  Neither  the  master  or  owner  of  any 
vessel  can  recover  damages  for  injuries  to  the 
same  or  to  himself  by  a  collision  growing  out  of  a 
non-compliance  upon  its  part  with  the  provisions 
of  the  preceding  six  sections. 

Collisions:  Civil  Code,  sees.  970-973. 

§  2370.  Every  raft  of  timber  floated  on  the 
Sacramento  or  San  Joaquin  rivers  at  night  must 
show  two  red  lights,  one  at  each  end,  and  at  least 
ten  feet  above  the  upper  logs  or  plank  of  such 
raft,  under  penalty  of  fifty  dollars  for  every  ne- 
glect. 

§  2371.  Every  vessel  propelled  by  steam,  nav- 
igating any  waters  of  this  State  and  carrying  pas- 
sengers, must  be  provided  with  boats  as  follows: 

1.  If  of  five  hundred  tons  measurement,  one 
first-class  life  boat;  one  row  boat,  twenty-five  feet 
long  by  seven  wide,  capable  of  carrying  fifty  per- 
sons each;  and  at  least  one  other  good  row  boat. 

2.  If  of  two  hundred  and  fifty  and  less  than  five 
hundred  tons  measurement,  at  least  two  ordinary 
row  boats. 

3.  If  of  less  than  two  hundred  and  fifty  tons 
burden,  at  least  one  small  row  boat. 

All  which  boats  must  be  attached  in  such  man- 
ner that  they  can  be  launched  at  any  time  for  im- 
mediate use. 

§  2372.  The  master  and  owners,  and  each  of 
them,  of  any  vessel  not  provided  with  boats  as  re- 
quired in  the  preceding  section,  are  subject  to  a 
penalty  of  not  exceeding  two  hundred  and  fifty 
dollars. 

§  2373.  If  the  master  or  other  person  in  charge 
of  a  steamer  navigating  any  of  the  waters  of  this 
State  and  used  for  the  conveyance  of  passengers, 
or  if  the  engineer  or  other  person  in  charge  of 


407  Navigatiou.  §§  2o74-23T9 

the  boiler  or  other  apparatus  for  the  generation  of 
steam  does,  for  the  purpose  of  increasing  speed 
or  excelling  any  other  vessel  in  speed,  suffer  to 
toe  created  an  undue  or  unsafe  quantity  of  steam, 
he  is  subject  to  a  penalty  of  five  hundred  dollars. 

§  2374.  All  high  pressure  steamboats  navigat- 
ing the  Sacramento  and  San  Joaquin  rivers,  or 
any  of  their  tributaries  above  the  mouth  of  the 
San  Joaquin  river  or  the  city  of  Sacramento,  must 
have  securely  attached  to  tlieir  chimneys  metal 
bonnets  or  spark  catchers. 

Basis  of  section— and  two  succeeding  sections: 
Stas.  1857,  p.  149,  sec.  1. 

§  2375.  All  such  bonnets  or  sparlc  catchers 
must  be  constructed  under  the  direction  and  sup- 
ervision of  the  United  States  Inspectors  of  Steam- 
boats for  the  District  of  San  Francisco. 

§  2376.  For  each  bonnet  or  spark  catcher  worn 
by  any  steamboat  inspected  or  constructed  under 
the  direction  of  and  certified  to  by  the  Inspector, 
he  may  receive  from  the  owner  thereof  ten  dollars 
as  a  compensation  for  his  services  for  such  direc- 
tion, supervision,  or  inspection  and  certificate. 

§  2377.  Every  owner  or  master  who  navigates 
a  steamboat  without  bonnets  or  spark  catchers 
inspected  and  attached  as  required  by  the  preced- 
ing three  sections,  is  subject  to  a  penalty  of 
twenty  dollars  for  each  day  he  navigates  his  boat 
Avithout  the  same.  The  owner  of  such  boat  is 
further  liable  for  all  damage  done  by  reason  of 
such  neglect. 

Basis  of  section:  Stats.  1857,  p.  150. 

§  2378.  The  owners  of  every  steamboat  are 
responsi  ble  for  the  good  conduct  of  the  master  or 
other  person  in  charge  employed  by  them,  and 
they  are  jointly  and  severally  liable  for  any  pen- 
alty incurred  by  the  master,  engineer,  or  other  per- 
son in  charge,  which  cannot  be  collected  from  him 
by  due  course  of  law.  as  if  they  were  his  sureties. 

Basis  of  section— and  of  next:  Stats.  1857,  p.  150. 

§  2379.  The  penalties  given  by  this  article  may 
be  recovered  by  the  district  attorney  of  any 
county  bordering  on  the  water  where  the  offense 


§§  2389-2391        Floating  lyumber.  468 

was  committed  or  the  penalty  incurred,  to  whom 
notice  is  first  siven,  and  when  recovered  are  ta 
be  equally  divided  between  the  common  school 
and  indigent  sick  fund  of  the  county  whose  dis- 
trict attorney  recovers  the  same.  Any  judgment 
recovered  hereunder  Is  a  lien  on  the  vessel  against 
whose  owners  or  master  it  is  recovered. 


ARTICLE    III. 

FLOATING  LUMBER. 

§  2389.  Deflnition  of  lumber. 

§  2390.  Owner    may    reclaim    lumber. 

§  2391.  If  not  taken  away  to  be  turned  over  to  Sheriff. 

§  2392.  Application    of    proceeds    when    sold. 

§  2393.  Subsequent   disposition    of   proceeds. 

§  2389.  The  word  "lumber"  is  used  in  this  ar- 
ticle to  designate  all  timber,  whether  in  logs, 
boards,  plauks.  or  beams,  and  whether  in  rafts  or 
otherwise,  but  does  not  include  the  sort  of  wood 
commonly  called  driftwood. 

Logs  and  timber — l)ooms  for  purpose  of  holding, 
county  boards  of  supervisors  authorized  to  grant 
privilege  of  constructing,  if  do  not  interfere  with 
navigation:  Stats.  1881,  p.  24 

Declaring  streams  innavigable  for  floating  lum- 
ber: See  General  Laws,  title  "Waters." 

§  2390.  Whenever  any  lumber  drifts  upon  any 
island  in  any  of  the  waters  of  this  State,  or  upon 
the  bank  of  any  such  waters,  the  owner  of  the 
lumber  may  remove  it  on  payment  or  tendering^ 
to  tlie  owner  or  occupant  of  the  land  the  amount 
of  the  damages  which  he  has  sustained  by  reason 
thereof,  and  "u-hicli  may  accrue  in  its  removal: 
and  if  the  parties  cannot  agree  as  to  the  amount 
of  such  damages,  either  party  may  have  the  same 
appraised  by  two  disinterested  citizens  of  the 
county,  who  may  hear  proofs  and  determine  the 
same  at  the  expense  of  the  owner  of  the  lumber. 

§  2391.  If  the  owner  of  such  lumber  does  not, 
within  three  months  from  the  time  it  was  so 
drifted,  take  the  same  away,  the  owner  or  occu- 
pant of  the  land  must  deliver  a  bill  of  his  charges 


469 


Floating  Lumber.        §§     2392,  2393 


and  appraisement  of  damages,  together  with  the 
lumber,  to  the  sheriff  of  the  county,  and  thereafter 
the  sheriff  must  dispose  of  the  same  as  is  required 
by  Article  IV  of  this  Chapter  with  regard  to 
wreclved  perishable  property. 

§  2392.  When  sold,  the  proceeds  of  the  lumber 
must  be  applied,  first,  to  the  payment  of  the 
charges  of  sale,  and  in  liquidation  of  the  expenses 
and  damages  awarded  to  the  person  entitled  there- 
to; and  the  residue  must  be  paid  to  the  county 
treasurer,  to  be  by  him  paid  over  to  the  owner,  or 
his  representatives  or  assigns,  on  tlie  production 
of  satisfactory  proof  of  ownership  to  the  judge  of 
the  superior  court  of  the  county,  and  on  his  order 
therefor,  made  within  one  year  after  its  receipt. 
[Amendment  approved  April  3,  1880;  Amend- 
ments 1880,  p.  21.    In  effect  April  3,  1880.] 

§  2393.  The  rejection  by  the  judge  of  any 
claimant's  right  to  such  proceeds  is  conclusive, 
unless  within  six  months  thereafter  he  commences 
action  therefor.  In  case  no  claim  is  made  or  sus- 
tained to  sucli  proceeds,  the  same  must,  by  the 
county  treasurer,  be  placed  in  the  common  school 
fund  of  the  county.  [Amendment  approved  April 
3,  1880;  Amendment;s  1880,  p.  21.  In  effect  April 
3,  1880.]  / 

Pol.  Code— 4(1     /) 

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§§  2403,2404  Wrecks.  47C 

ARTICLE    IV. 

WRECKS    AND    WRECKED    PROPERTY. 

I  2403.  Duties  of  officers  and  citizens. 

§  2404.  Officers,    etc.,    entitled   to   salvage.      Salvage   not 

exceed  half  value  of   property  saved. 

§  2405.  Owners   of   wrecked   property   may   reclaim   it. 

§  2403.  Sheriff  to   keep   possession  until   owner   found. 

§  2407.  Perishable  property. 

§  2408.  Order   for   surrender   to   claimant. 

§  2409.  Claimant  to  first  give  bond. 

§  2410.  Action  on  bond. 

§  2411.  Owner  may  sue,  although  claim  rejected. 

§  2412.  Salvage  to  be  stated  in  writing. 

§  2413.  Proceedings  to  settle  disputed  claims  to  salvage.        | 

§  2414.  Costs  of  contest. 

§  2415.  Wrecked  property  not  claimed  to  be  sold. 

§  2416.  Notice   of  sale. 

§  2417.  Notice  of  wrecked  property, 

g  2418.  Expense  of  notice. 

§  2403.  The  sheriff  in  each  county  must  give 
all  possible  aid  and  assistance  to  vessels  stranded 
on  its  coast,  and  to  the  persons  on  board  the  same, 
and  exert  himself  to  save  and  preserve  such  pei'- 
sous,  ves.seis,  and  their  cargoes,  and  all  goods 
and  merchandise  which  may  be  cast  by  the  sea 
upon  the  land,  and  to  this  end  may  employ  as 
many  persons  as  he  may  thinlj  proper.  All  citi- 
zens must  aid  the  sheriff  when  required. 

General  basis  of  article:  Stats.  1850,  p.  173. 

Wreclied  property — distinguished  from  lo.st  and 
unclaimed  property:  sees.  3136-3157. 

§  2404.  Sheriffs  and  all  persons  employed  by 
them,  or  aiding  in  the  recovery  and  preservation 
of  wrecked  property,  are  entitled  to  a  reasonable 
allowance  as  salvage  for  their  services,  and  to 
all  expenses  incurred  by  them  in  the  performance 
of  such  services,  out  of  the  property  saved;  and 
the  officer  having  the  custody  of  such  propei'ty 
must  detain  it  until  the  same  are  paid  or  tendered. 
But  the  whole  salvage  claimed  must  not  exceed 
one-half  of  the  value  of  the  property  or  proceeds 
on  which  it  is  charged;  and  every  agreement,  or- 
der, or  adjustment  allowing  a  greater  salvage  is 
void,  unless  ordered  and  allowed  by  the  county 
judge. 


471  Wrecks.  §§  2405-2408 

Salvaee — seaman's  ria^ht  to:  Civil  Code,  sees. 
2052,  2058,  2059;  deduction  for:  sec.  2060.  To  otlier 
persons  tlian  mariners:  Civil  Code,  sec.  2079.  In 
insurance:  Civil  Code,  sec.  2725. 

County  Judge— courts  then  existing  abolished  by 
Const.  Cal.  1879.  See  art.  22,  sec.  1;  Superior 
Courts:  See  Code  Civ.  Proc,  sees.  65-79. 

§  2405.  Wrecked  property  may  be  kept  or  re- 
claimed, at  the  time  of  the  wreclv,  by  the  owner, 
consignee,  or  other  person  entitled  to  the  posses- 
sion; but  if  any  person  has  a  just  claim  for  sal- 
vage and  necessary  expenses  incurred  in  saving  it, 
he  must  be  paid  before  the  property  is  reclaimed. 

Detaining  wreclved  property  after  salvage  paid — 
punishment  for:  Penal  Code,  sec.  544. 

§  2406.  The  sheriff  of  every  county  in  which 
any  wrecked  property  is  found,  when  no  owner  or 
other  person  entitled  to  possession  appears,  must 
take  possession  of  it  in  the  name  of  the  people, 
cause  the  value  thereof  to  be  appraised  by  dis- 
interested persons,  aud  keep  it  in  some  safe  place 
to  answer  tlie  owner's  claims. 

Unlawfully  talking  or  retaining  possession— 
of  wreclved  property,  and  failure  to  deliver  same 
to  sheriff  or  notify  him,  is  misdemeanor:  Penal 
Code,  sec.  545. 

Obligation  of  finder— of  property  in  general: 
Civil  Code,  sec.  1864  et  seq.,  and  sec.  3136,  post. 

§  2407.  If  it  is  in  a  perishable  state,  the  sheriff 
must  apply  to  the  .Judge  of  the  superior  court, 
upon  a  verified  petition,  for  an  order  authorizing 
him  to  sell  it.  If  the  judge  is  satisfied  that  a  sale 
of  the  property  would  be  beneficial  to  the  parties 
interested,  he  must  malfe  tlie  order  applied  for, 
and  the  property  must  then  be  sold  at  public,  auc- 
tion, at  the  time  and  in  the  manner  specified  in 
the  order;  and  the  proceeds,  deducting  the  ex- 
penses of  sale,  as  the  same  is  settled  and  allowed 
by  such  judge,  must  be  paid  to  the  treasurer  of 
the  county.  [Amendment,  approved  April  3,  ISSO; 
Amendments  1880,  p.  21.     In  effect  April  3,  1880.] 

§  2408.  If,  within  a  year  after  the  finding,  any 
person  claims  th6  property,  or  its  procee^ls,  and  es- 
tablishes his  claim  by  evidence  satisfactory  to  the 
Judge  of  the  superior  court,  such  judge  must  make 


§§  2409-2113  Wrecks.  472 

an  order  directing  the  officer  in  whose  possession 
the  property  or  its  proceeds  may  be,  to  deliver  the 
same  to  the  claimant,  upon  the  payment  of  a  rea- 
sonable salvage  and  the  necessary  expenses  of 
preservation.  [Amendment  approved  April  3, 
1880;  Amendments  1880,  p.  21.  In  effect  April  3, 
1880.] 

§  2409.  Before  making  the  order,  the  judge 
must  require  from  the  claimant  a  bond  to  the 
people,  with  one  or  more  sufficient  sureties,  to  be 
approved  by  the  judge  and  filed  with  the  county 
clerk,  in  a  penalty  double  the  value  of  the  prop- 
erty or  proceeds,  conditioned  for  the  payment  of 
all  damages  that  may  be  recovered  against  such 
claimant  or  his  representatives,  within  three  years 
after  its  date,  by  any  person  establishing  title  to 
the  property  or  proceeds. 

§  2410.  If  the,  bond  becomes  forfeited,  the 
judge  of  the  superior  court,  upon  the  application, 
supported  by  proof  of  the  person  entitled  to  the 
benefit  of  it,  must  make  an  order  for  its  prosecu- 
tion for  such  person's  benefit,  and  at  his  risk  and 
expense.  [Amendment  approved  April  3,  1880; 
Amendments  1880,  p.  22.     In  effect  April  3,  1880,] 

§  2411.  The  rejection  by  the  judge  of  any 
claim  does  not  preclude  the  claimant  from  main- 
taining an  action  for  the  recovery  of  such  prop- 
erty or  its  proceeds  against  the  officer.  If  the 
plaintiff  in  any  such  action  prevails,  there  must  be 
deducted  from  the  damages,  in  addition  to  salvage 
and  expenses,  all  the  defendant's  costs. 

§  2412.  Every  officer  to  whom  an  order  for  the 
delivery  of  wrecked  property  or  the  payment  of  its 
proceeds  is  directed,  must  present  to  the  claimant 
exhibiting  it  a  written  statement  of  the  claims 
for  salvage  and  expenses.  If  the  claimant  refuses 
to  allow  such  amount,  it  must  be  adjusted  as  here- 
inafter provided. 

§  2413.  If,  in  any  case,  the  amount  of  salvage 
and  expenses  are  not  settled  by  agreement,  the 
superior  court  of  the  county,  on  the  ai>plication 
of  the  owner  or  consignee  of  the  property,  or  the 
master  or  supercargo  having  charge  thereof  at  the 
time  of  the  wreck,  or  of  a  claimant  having  an  or- 


473  Wrecks.  §§  2414-2416 

der  therefoiT,  or  of  a  person  claiming  salvage  or 
expenses,  must  determine  the  same  in  a  summary 
way,  either  by  itself  hearing  the  allegations  and 
proofs  of  the  party,  or  by  referring  the  questions 
to  three  disinterested  freeholders  of  the  county, 
who  must  have  the  same  powers  and  must  proceed 
in  the  same  manner  as  referees  in  civil  actions, 
and  whose  decisions  as  to  the  whole  amount,  and 
as  to  the  sums  to  be  paid  to  each  person  interested, 
must  be  entered  as  the  judgment  of  the  court. 
[Amendment  approved  April  3,  1880;  Amend- 
ments 1880,  p.  22.    In  effect  April  3,  1880.] 

Referees  in  civil  actions:  Code  Civ.  Proc,  sees, 
638-645. 

§  2414.  The  fees  and  expenses  of  the  contest 
must  be  paid  by  the  person  upon  whose  applica- 
tion it  was  liad,  and  are  a  charge  on  the  property 
saved.  Each  referee  is  entitled  to  such  per  diem 
and  expenses  as  tlie  county  judge  may  deem  just. 

§  2415.  If,  within  a  year  after  saving  wrecked 
property,  no  claimant  of  the  property  or  its  pro- 
ceeds appears,  or,  if  within  three  months  after  a 
claim,  the  salvage  and  expenses  have  not  been 
paid,  or  a  suit  for  the  recovery  of  the  property  or 
its  proceeds  has  not  been  commenced,  the  officer 
in  whose  custody  it  may  be  must  sell  it  at  public 
auction,  if  not  already  sold,  and  pay  the  proceeds 
of  such  sale,  deducting  salvage  and  expenses,  into 
the  treasury  of  this  State,  for  the  benefit  of  the 
parties  interested;  but  in  no  case  must  any  de- 
duction of  salvage  and  expenses  be  made,  unless 
the  amount  has  been  determined  by  the  superior 
court  of  the  county,  a  copy  of  whose  order,  and 
of  the  evidence  in  support  thereof,  must  be  trans- 
mitted by  the  judge  to  the  controller.  If  any  money 
paid  to  a  county  treasurer,  under  section  twenty- 
four  hundred  and  seven,  remains  in  his  hands 
more  than  a  year  after  it  has  been  paid  to  him, 
the  same  must  be  paid  into  the  State  treasury. 
[Amendment  approved  April  3,  1880;  Amend- 
ments 1880,  p.  22.    In  effect  April  3,  1880.] 

§  2416.  Public  notice  of  every  sale  of  wrecked 
property  under  the  provisions  of  this  chapter  must 
be  publishefl  by  the  officer  making  the  sale  for  at 
least  two  weeks  in  succession  in  one  or  more 
new.spapers  printed  in  the  county,  or  if  none  is 


§§  2417, 2418  Wrecks.  474 

printed  therein,  then  by  written  or  printed  notices 
in  three  of  tlie  most  public  places  in  such  county, 
posted  up  at  least  fifteen  days  previous  to  such 
sale.  Every  notice  must  state  the  time  and  place 
of  the  sale  and  contain  a  particular  description  of 
the  property  to  be  sold. 

§  2417.  Every  sheriff  into  whose  possession 
any  wreclied  property  comes  must  immediately 
thereafter  publish,  for  at  least  two  weeks  in  suc- 
cession, in  one  or  more  of  the  newspapers  printed 
in  this  State,  a  notice  directed  to  all  parties  inter- 
ested, giving  a  minute  description  of  the  prop- 
erty, and  of  every  bale,  box,  case,  piece,  or  parcel 
thereof,  and  of  the  marks,  brands,  letters,  and  fig- 
ures on  eacli,  and  stating  where  the  same  then  is, 
and  its  actual  condition,  and  the  name,  if  known, 
of  the  vessel  from  which  it  came,  her  master  and 
supercargo,  and  the  place  where  such  vessel  then 
is,  and  her  actual  condition. 

Defacing  marks  upon  wrecked  property:  Penal 
Code,  sees.  355,  356. 

§  2418.  The  expense  of  publishing  notices  un- 
der the  provisions  of  this  chapter  is  a  charge  upon 
the  property  or  proceeds  to  which  it  relates. 


475  Pilots  and  Commissioners.  §§  2429,2430 

ARTICLE    V. 

PILOTS    AND    PILOT    COMMISSIONERS. 

§  2429.    Qualifications  of  pilots. 

§  2430.    Commissions  and  license. 

§  2431.    Pilots  to  take  official  oath  and  give  bond. 

§  2432.    Vessel,  owner,   etc.,   liable  for  pilotage. 

§  2433.    Owners  to  compensate  pilots  for  loss. 

§  2434.    Pilot  to  show  commission  or  license,   when. 

§  2435.    Pilots  carried  to  sea  or  detained. 

§  2436.    Pilots    for    ports    other    than    San    Francisco,    Mare 

Island,  Benicia,  and  Humboldt  Bay. 
§  2437.    Further   duties  of  pilots. 
§  2438.    Violating   regulations. 
§  2439.    Piloting  vessels  without  license, 
g  2440.    Pilot  Commissioners,  for  San  Francisco,  Mare  Island 

and  Benicia,  how  appointed. 
I  2441.''.  Pilot    Commissioners   for    Humboldt    Bay    and    Bar 

how   appointed. 
§  2442.    Term  of  office. 

§  2443.    Boards   to   organize,    and   meetings. 
§  2444.    Powers   of   President. 
§  2445.    Powers   of  the   Boards. 
§  2446.    Secretaries  of  Boards,   and  records. 
§  2447.     Not  to  be  interested  in  pilot  boats. 

§  2429.  No  person  must  be  appointed  a  pilot 
unless  he  is  an  American  citizen,  over  the  age  of 
twenty-one  years,  with  a  practical  knowledge  of 
the  management  of  sailing  vessels  and  steam- 
boats, and  of  the  tides,  soundings,  bearings,  and 
distances  of  the  several  shoals,  bars,  roclis,  points 
of  land,  lighthouses,  and  fog  signals  of  the  ports 
and  liarboi's  for  which  he  is  appointed,  of  good 
moral  character,  and  temperate,  with  the  skill  and 
ability  necessary  to  discharge  the  duties  of  pilot. 

Basis  of  section:  Stats.  1850,  p.  46;  1860,  p.  74; 
1870,  p.  344.  . 

Examination— as  to  qualifications:  Sec.  2430. 

§  2430.  Pilots  appointed  Ijy  Commissioners 
must  be  carefully  examined  as  to  their  qualifica- 
tions, and,  if  found  to  be  qualified  and  worthy, 
must  receive  license  as  pilots  for  the  term  of 
twelve  months,  which  license  shall  be  thereafter 
annually  renewed  until  the  commissioners  have 
good  cause  to  withhold  such  renewal;  and  when- 
ever the  commissioners  deem  they  have  such 
cause,  or  intend  for  any  reason  to  withhold  such 


§§  2431-2434  Pilots  and  Commissioners.  476 

renewal,  the  secretary  of  the  board  of  commission- 
ers shall  serve  notice,  in  writing,  on  such  pilot, 
specifying  the  causes,  at  least  ten  days  before  the 
expiration  of  his  license;  and  such  pilot  shall 
thereupon  be  entitled  to  a  full  hearing  before  said 
board.  [Amendment  approved  March  29.  1878; 
Amendments  1877-8,  p.  46;  repealed  conflicting 
provisions  of  code.    In  effect  March  2-9,  1878.] 

Basis  of  section — before  amdt.  1878:  same  as 
last  section. 

Amendment  1878— added  provisions  for  renewal 
of  license,  for  more  definite  notice  of  withholding, 
and  for  liearing  before  board. 

Qualifications:  Sec.   2429. 

Hearing  before  board:  See.  2464. 

§  2431.  Every  pilot  must  execute  an  official 
bond  in  the  sum  of  five  thousand  dollars,  to  be 
approved  by  the  officer  or  board  appointing  him. 
The  bonds  of  pilots  appointed  by  commissioners 
must  be  filed  with  such  commissioners. 

Basis  of  section:  Same  as  of  sec.  2429. 

Official  bond:  Sees.  947-986;  liability  of  pilot  on 
his  official  bond,  sec.  2438. 

§  2432.  All  vessels,  their  tackle,  apparel,  and 
furniture,  and  the  master  and  owners  thereof,  are 
jointly  and  severally  liable  for  pilotage  fees,  to  be 
recovered  in  any  court  of  competent  jurisdiction. 

Basis  of  section:  Stats.  1870.  p.  349.  sec.  22. 

§  2433.  If  any  pilot,  in  endeavoring  to  assist  or 
relieve  any  vessel  in  distress,  suffers  loss  or  dam- 
age in  his  boats,  sails,  tackle,  rigging,  or  appurten- 
ances, the  master,  owner,  or  consignee  of  such 
vessel  must  pay  the  value  of  such  loss  or  daimage, 
to  be  ascertained  by  the  commissioners. 

Section  founded:  On  Stats.  1860,  p.  78,  sec.  33. 

§  2434.  Every  pilot,  on  boarding  a  vessel, 
when  required  by  the  master  thereof,  must  exhibit 
his  commission  or  license  as  pilot.  A  refusal  so  to 
do  subjects  him  to  a  forfeiture  of  his  commission 
or  license,  and  to  a  recovery  of  fifty  dollars  on  his 
bond  in  a  suit  instituted  for  that  "purpose  by  the 
authority  appointing  him. 

Basis  of  section:  Stats.  1860,  p.  74;  1870,  p.  344. 

Licefise  as  pilot:  Sec.  2430. 


477  Pilots  and  Commissioners.   §§  2435-2437 

§  2435.  Every  pilot  carried  to  sea  against  his 
will,  or  unnecessarily  detained  on  board  of  a  ves- 
sel when  a  pilot  boat  is  in  attendance  to  receive 
him,  is  entitled  to  receive  the  sum  of  eight  dollars 
per  day  while  necessarily  absent  or  detained,  not 
to  exceed  in  the  aggregate  the  sum  of  one  thou- 
sand dollars  in  any  one  case,  which  sum  may  be 
recovered  by  action  against  the  master  or  owner 
of  the  vessel  so  taliing  him  away. 

Section  founded:  On  Stats.  1850,  p.  46;  1860,  pp. 
74,  77;  1870,  p.  344. 

Act  providing  pilots  for  Port  of  Wilmington  and 
Harbor  of  San  Pedro:  See  post.  Appendix,  p.  1058. 

§  2436.  Pilots  for  all  the  ports  in  this  State, 
other  than  San  Francisco,  Mare  Island,  Benicia, 
and  Humboldt  Bay,  are  governed  by  the  follow- 
ing regulations: 

1.  They  must  lieep,  for  the  purpose  of  piloting, 
at  least  one  boat  for  every  six  pilots,  in  good  con- 
dition, and  seaworthy,  sufficiently  large  to  cruise 
in  heavy  weather,  to  be  exclusively  used  as  a  pilot 
boat. 

2.  They  must  cruise  at  least  ten  marine  miles 
seaward  from  the  headlands  at  the  entrance  of 
the  port. 

3.  They  shall  receive  for  piloting  every  vessel 
into  or  out  of  port  the  sum  of  eight  dollars  per  foot 
draught. 

4.  When  the  person  commanding  any  vessel  re- 
fuses to  talie  a  pilot,  the  pilot  first  offering  his 
services  is  entitled  to  half  pilotage. 

5.  For  incompetency,  neglect  of  duty,  or  other 
good  cause,  the  Governor  may  suspend  or  remove 
any  pilot  appointed  by  him. 

6.  They  must  strictly  observe  and  obey  all  le- 
gally established  quarantine  regulations. 

Basis  of  section:  Stats.  1850,  p.  46. 
Act  to  establish  pilots  and  pilot  x'egulations  for 
San  Di«go:  See  post,  Appendix,  p.  1058. 

§  2437.  When  cruising  off  or  standing  out  to 
sea.  pilots  must  go  to  a  vessel  nearest  to  shore,  or 
in  the  most  distress,  under  a  penalty  of  one  hun- 
dred dollars;  for  refusing  to  go  on  board  a  vessel 
when  required,  a  like  penalty  of  one  hundred  dol- 
lars may  be  imposed;  in  either  case,  upon  convic- 
tion, the  pilot  may  be  suspended  or  expelled,  at 
the  discretion  of  the  commissioners. 

Section  based  on:  Stats.  1860,  p.  78. 


§§  2438-2441    Pilots  aud  Commissioners.  478 

§  2438.  For  every  violation  of  the  duties  and 
regulations  herein  specified,  the  pilot  so  violating 
is  liable  on  his  official  bond  to  the  party  aggrieved 
to  the  amount  of  the  damages  sustained. 

Official  bond— of  pilot:  Sec.  2431. 

§  2439.  Any  person  not  the  master  or  owner, 
and  not  holding  a  commission  or  license  as  a  pilot, 
who  pilots  anv  vessel  into  or  out  of  any  harbor  or 
port  of  this  State  for  which  there  are  commis- 
sioned or  licensed  pilots,  must  be  punished  there- 
for as  provided  in  the  Penal  Code,  Section  379, 
and  must  pay  to  the  pilot  entitled  ta-  pilot  such 
vessel  the  amount  of  pilotage  or  towage  collected 
by  him. 

Basis  of  section:  Stats.  1860,  p.  77;  1870,  p.  345. 

Unlicensed  piloting  —  is  misdemeanor:  Penal 
Code,  sec.  379. 

§  2440.  There  must  be  appointed  by  the  Gov- 
ernor, by  and  with  the  advice  of  the  Senate,  three 
experienced  and  competent  shipmasters  or  nau- 
tical men.  citizens  of  the  United  States,  and  resi- 
dents in  either  of  the  cities  of  San  Francisco,  Oak- 
land, Vallejo,  or  Benicia.  or  of  the  towns  of 
Brooklyn  or  Alameda,  a  board  of  pilot  commis- 
sioners for  the  ports  of  San  Francisco,  Mare 
Island,  and  Benicia. 

Sf^G  DGXt  SGCtiOD 

Basis  of  section:  Stats.  1870,  p.  344.  sees.  1-23. 
Pilots  for  San  Diego:  See  Stats.  1872,  p.  650. 
Pilot     Regulations— for     San     Francisco,     Mare 
Island  and  Benicia:  Sees.  2457-2470. 

§  2441.  There  must  be  appointed  by  the  Gov- 
ernor three  pilot  commissioners  for  Humboldt  Bay 
and  Bar.  Two  of  the  persons  so  appointed  must 
be  resident  business  men,  and  the  other  a  ship- 
master or  nautical  man,  and  a  resident  of  Eureka. 
Humboldt  County,  who  must  constitute  a  board  of 
pilot  commissioners  for  Humboldt  Bay  and  Bar. 

Basis  of  section:  Stats.  1860.  p.  74. 

Pilot  Kegulations— for  Humboldt  Bay  and  Bar: 
Sees.  2476-2491. 

San  Diego  Pilots  and  Pilot  Regulations:  Stats. 
1872,  p.  650. 


479  Pilots  and  Commissioners.  §§  2442-2446 

§  2442.  The  commissioners  hold  their  offices 
during  the  pleasure  of  the  power  appointing  them, 
not  exceeding  four  years  from  the  date  of  their 
commissions. 

Basis  of  section:  Stats.  1870,  p.  344;  1860,  p.  74. 

§  2443.  The  commissioners  must  organize  as 
boards,  respectively,  by  the  election  of  presidents, 
secretaries,  and  treasurers.  They  must  provide 
for  themselves  offices,  in  which  they  must  meet  as 
follows:  The  "San  Francisco  Board"  must  meet 
once  a  month  in  the  city  of  San  Francisco,  and  the 
"Humboldt  Board"  must  meet  at  Eurelsa  on  the 
first  Mondays  in  January,  April,  July,  and  Octo- 
ber. 

Basis  of  section:  Stats.  1860,  p.  75;  1870,  p.  345. 

§  2444.  The  president  of  each  board  is  author- 
ized to  administer  oaths  in  regard  to  any  matter 
propei-ly  before  it,  and  to  issue  subpoenas  in  like 
cases  for  witnesses.  A  witness  disobeying  such 
subpoena  served  on  him  must  pay  to  the  board 
one  hundred  dollars,  for  which  judgment  may  be 
recovered  by  the  president  in  a  civil  action. 

Basis  of  section:  Stats.  1870,  p.  345. 

Administi'ation  of  oaths,  etc.:  Code  Civ.  Proc, 
sec.  2093  et  seq. 

Subpoenas  for  witnesses,  etc.:  Code  Civ.  Proc, 
sec.  1985  et  seq. 

§  2445.  Each  board  must  malje  by-laws  and 
rules  for  the  government  of  pilots  appointed  by  it; 
and  may  adjourn  their  regular  meetings  from 
time  to  time.  The  Humboldt  board  must  hold  a 
special  meeting  on  notice  of  one  member,  pub- 
lished in  a  newspaper  in  Humboldt  County  five 
days  prior  to  the  proposed  meeting.  The  San 
Francisco  board  may  appoint  a  secretary  ancT fix 
his  compensation,  not  to  exceed  the  sum  of  two 
hundred  and  fifty  dollars  per  month.  The  secre- 
tary of  the  Humboldt  board  must  be  one  of  the 
members  thereof. 

Basis  of  section:  Stats.  1860,  p.  75;  1870,  p.  345. 

§  2446.  The  secretary  of  each  board  must  keep 
a  journal  of  all  its  proceedings  and  acts,  and  a 
register  of  all  ]>ilots  appointed,  their  residence  and 
date  of     license;  and  must,  under     order  of  the 


§§  2447-2457        Pilot  Regulations.  480 

board,  issue  licenses  to  be  signed  by  the  president, 
and  countersign  the  same.  The  secretary  of  the 
Humboldt  board  is  the  treasurer  thereof. 

Basis  of  section— and  of  next:  Stats.  1870,  p.  345; 
18G0,  p.  75. 

§  2447.  Neither  the  commissioners  nor  their 
secretaries  must  have  any  interest  in  any  pilot 
boat  or  steam  tug,  nor  in  the  earnings  thereof, 
other  than  for  compensation  as  herein  provided. 
Any  one  violating  this  section  forfeits  his  office. 

Stats.  1870.  p.  345.  sec.  6. 


ARTICLE    VI. 

PILOT    REGULATIONS    FOR    SAN    FRANCISCO,    MARE 
ISLAND,  AND   BENICIA. 

§  2457.     Commissioners   to   examine  and   license   pilots. 

§  2458.    Pilots  to  keep  boats. 

§  2459.    Pilots    to    prevent    premature    boarding.      Arrest    of 

offenders. 
§  2460.    To    render    monthly    account    of   pilotage. 
§  2461.    Board   may  revoke  license  and  suspend  pilots. 
§  2462.    Causes  for  revocation. 
§  2463.    Complaint    against    pilot    to    be    verified,    and    how 

disposed    of. 
§  2464.    Trial   and   review   on  withholding   or   revocation   of 

license. 
§  2465.     Certain  pilotage  to  be  agreed  on. 
§  2466.     Rates   of   pilotage   at   San   Francisco. 
§  2467.    Exemption  from  pilotage  of  certain  vessels. 
§  2468.     Certain   vessels   exempt  from   pilotage. 
§  2469.    When   two    pilots   offer   services. 
§  2470.    Pilot  bringing   in   vessel    entitled   to   take    her   out. 

§  2457.  The  board  of  commissioners  must  ex- 
amine and  license,  in  the  manner  prescribed,  not 
less  than  fifteen  nor  more  than  twenty  pilots  for 
the  port  of  San  Francisco,  and  not  more  than  two 
pilots  for  the  ports  of  Mare  Island.  Valle.lo.  and 
Benicia.  [Amendment  approved  March  29.  1878: 
Amendments  1877-8,  p.  46.  In  effect  March  29, 
1878.] 

Before  amendment  1878— special  provisions  in 
this  and  next  sections  for  pilots  attached  to  steam 
tug  pilot  boats. 

San  Diego  Pilots  and  Pilots  Regulations:  Stats. 
1872,  p.  650. 


481  Pilot  Regulations.  §§  2458-2461 

§  2458.  Pilots  must  at  all  times  keep,  for  their 
exclusive  use,  boats  of  siicli  description  and  good 
condition  as  directed  by  the  board.  [Amendment 
•approved  March  29,  1878;  Amendments  1877-8,  p. 
46.     In  effect  March  29,  1878.] 

§  2459.  Every  pilot  in  charge  of  a  vessel  arriv- 
ing in  the  port  or  harbor  of  San  Francisco,  must 
safely  moor  the  vessel  in  such  position  as  the  mas- 
ter of  the  vessel  or  harbormaster  may  direct.  He 
must  prevent  all  persons  (except  officers  of  the 
state  or  Federal  Governments,  owners  or  con- 
signees of  the  vessel  or  cargo,  and  persons  admit- 
ted on  the  express  order  of  the  master)  from 
boarding  such  vessel  until  she  has  been  safely 
moored.  To  enforce  the  provisions  of  this  section, 
and  other  police  regulations  for  the  harbor,  every 
pilot  in  charge  of  a  vessel  entering  the  harbor  of 
San  Francisco  is  authorized  and  empowered  to  ar- 
rest every  one  who,  in  opposition  to  the  master's 
orders,  persists  in  boarding  such  vessel,  or  who, 
having  boarded  her,  refuses  to  leave  on  the  com- 
mand of  such  master  or  pilot;  when  so  arrested 
he  must  be  immediately  brought  before  the  police 
judge's  court,  or  admitted  to  bail,  as  provided  in 
the  Penal  Code. 

Basis  of  section:  Stats.  1870,  p.  347. 

Bail:  Penal  Code,  sees.  1268-1317. 

§  2460.  Every  pilot  of  the  harbors  of  San 
Francisco,  Mare  Island,  Vallejo,  and  Benicia, 
must,  once  in  each  month,  render  to  the  board  an 
account  of  all  moneys  received  by  him,  or  by  any 
other  person  for  him,  or  on  his  account,  and  pay 
five  per  cent  thereof  to  the  board,  in  full  compen- 
sation for  its  official  services,  for  the  services  of 
its  secretary  and  treasurer,  and  all  incidental  ex- 
penses. 

Basis  of  section— and  next  four  sections:  Stats. 
1870,  p.  347. 

§  2461.  The  board  has  power  summarily  to  sus- 
pend pilots  for  misconduct,  inattention  to  their  du- 
ty, intoxication,  or  violation  of  any  of  the  rules 
and  regulations  provided  by  the  board  for  the 
government  of  pilots,  and  to  revoke  the  license 
of  pilots  for  the  causes  hereinafter  mentioned,  up- 
on due  proof  thereof,  as  hereinafter  provided.  The 
Pol.  Code--4]. 


§§  2462,2463       Pilot    Regulatious.  482 

board  must  immediately  suspend  every  pilot  com- 
plained of  until  the  complaint  is  investigated  and 
decided. 

§  2462.  Any  pilot  may  be  deprived  of  his  li- 
cense before  its  expiration  for  the  following 
causes  only: 

1.  For  neglect,  for  thirty  days  after  the  same 
becomes  due,  as  provided  in  the  second  preceding 
section,  to  render  an  account  to  the  board  of  pilot 
commissioners  of  all  moneys  received  by  him  for 
pilotage;  '   i 'It; 

2.  For  neglect,  for  thirty  days  after  the  same 
becomes  due,  to  pay  over  to  the  board  the  five  per 
cent  on  the  pilotage  money  received  by  him; 

3.  For  rendering  to  the  board  a  false  account  of 
pilotage  received; 

4.  For  absenting  himself  from  duty  for  more 
than  one  month  at  any  one  time,  except  upon  leave 
granted  by  the  board,  or  by  reason  of  sicliness  or 
personal  injury; 

5.  For  refusing  to  exhibit  his  license  when  re- 
quested to  do  so  by  the  master  of  any  vessel  he 
may  have  boarded; 

6.  For  habitual  or  occasional  intoxication, 
whether  the  same  occurs  while  in  charge  of  any 
vessel  as  pilot  or  in  charge  of  a  pilot  boat,  or  at 
any  other  time; 

7.  For  negligently,  ignorantly.  or  willfully  run- 
ning any  vessel  on  shore,  or  otherwise  rendering 
her  liable  to  injury.  Any  pilot  deprived  of  his  li- 
cense under  this  subdivision  is  thereafter  inel- 
igible to  receive  a  license  as  pilot. 

8.  For  willful  violation  of  the  rules  and  regula- 
tions adopted  by  the  Board  of  Commissioners  for 
the  government  of  pilots. 

§  2463.  No  complaint  against  any  pilot  for  any 
of  the  charges  specified  in  the  preceding  section 
must  be  entertained  by  the  board,  unless  it  is  with- 
in the  knowledge  of  the  commissioners,  or  reduced 
to  writing  and  verified,  as  in  civil  actions.  When 
a  written  complaint  is  filed,  the  pilot  accused  must 
be  forthwith  served  with  a  copy  thereof  by  the  sec- 
retary, and  required  to  appear  and  answer  within 
ten  days  thereafter.  Tf,  upon  the  hearing  of  a 
complaint  and  the  testimony  in  relation  thereto, 
the  board  adjudges  the  comjilaint  well  founded, 
and  the  pilot  guilty  of  any  of  the  acts  or  causes 


483  Pilot    Regulations.       §§     2464-2466 

herein  declared  sufficient  for  depriving  him  of  his 
license,  the  board  must  by  order  so  declare,  and 
forthwith  revolie  his  license.  Such  order  must  be 
entered  of  record  in  the  minutes  by  tlie  secretary. 

§  2464.  Whenever  any  pilot  has  been  notified 
that  his  license  will  not  be  renewed,  as  provided 
in  section  two  thousand  four  hundred  and  thirty 
of  this  Code,  he  shall  be  entitled  to  a  trial  and 
hearing  thereon,  in  the  same  manner  that  other 
charges  and  complaints  are  tried  under  the  provis- 
ions of  section  two  thousand  four  hundred  and 
sixty-three  of  this  Code;  and  in  all  such  cases,  and 
in  all  cases  of  revocation  of  license,  or  suspension 
of  a  pilot  for  any  cause,  the  board  may, 
in  its  discretion,  upon"  written  application, 
setting  forth  the  grounds  thereof,  verified  by  the 
party  aggrieved,  gi-ant  a  rehearing;  and  in  all 
cases  the  final  decision  of  the  board  shall  be  sub- 
ject to  review  in  tlie  superior  court  of  the  city  and 
county  of  San  Francisco,  to  which  court  any  such 
case,  with  all  the  papers  and  proceedings  therein, 
shall  be  immediately  certified  by  the  secretary  of 
said  board,  when  so  required  by  the  pilot  interest- 
ed therein.  Any  case  so  certified  to  in  the 
superior  court  shall  be  then  tried  de  novo. 
The  judgment  of  the  court  shall  be  final  and  con- 
clusive. If  the  decision  of  the  board  be  reversed, 
the  judgment  sliall  operate  directly  to  restore  the 
pilot  to  all  his  former  riglits,  status,  and  privileges 
without  further  action  of  the  board.  But  the 
board  shall,  nevertheless,  upon  being  served  with 
a  certified  copy  of  such  judgment,  restore  or  renew 
the  license  of  such  pilot,  as  the  judgment  may  di- 
rect. [Amendment  approved  March  14,  1881; 
Stats.  1881,  p.  85.    In  effect  March  14.  1881.] 

Superior  court— read  county  court,  before  amdt. 
1881. 

§  2465.  The  pilotage  inside  the  heads  to  the 
anchorage  opposite  San  Francisco  and  about  the 
harbor,  or  between  the  harbor  of  San  Francisco 
and  the  ports  of  Mare  Island,  Vallejo,  or  Benicla, 
must  be  at  such  rates  as  agreed  on  between  the 
parties,  not  to  exceed  five  dollars  per  foot 
draught. 

Basis  of  section:  Stats.  1870,  p.  349. 

§  2466.  The  following  shall  be  the  rates  of  pi- 
lotage into  or  out  of  the  harbor  of  San  Francisco: 


§§  2467-2469       Pilot   Regulations.  484 

All  vessels  under  five  hundred  tons,  five  dollars 
per  foot  draught;  all  vessels  over  five  hundred 
tons,  five  dollars  per  foot  draught,  and  four  cents 
per  ton  for  each  and  every  ton  registered  meas- 
urement. When  a  vessel  is  spolien,  inward  or  out- 
ward bound,  and  the  services  of  a  pilot  are  de- 
clined, one-half  the  above  rates  shall  be  paid.  In 
all  cases  where  inward  bound  vessels  are  not 
spoken  until  inside  of  the  bar,  the  rates  of  pilot- 
age and  one-half  pilotage  above  provided  shall  be 
reduced  fifty  per  cent.  Vessels  engaged  in  the 
whaling  or  fishing  trades  shall  be  exempt  from 
all  pilotage,  except  where  a  pilot  is  actually  em- 
ployed. [Amendment  approved  March  29,  1878; 
Amendments  1877-8,  p.  47.  In  effect  March  29, 
1878.] 
Half  pilotage;  See  sec.  2436,  ante. 

§  2467.  Any  vessel  in  tow  of  a  steam  tug.  be- 
tween the  harbor  of  San  Francisco  and  the  ports 
of  Mare  Island,  Yallejo.  or  Benicia,  shall  be  ex- 
empt from  all  charges  for  pilotage,  unless  a  pilot 
be  actually  emploved.  [Amendment,  approved 
March  29,  1878;  Amendments  1877-8.  p.  47.  In  ef- 
fect March  29,  1878.] 

Basis  of  section:  Stats.  1870,  p.  349. 

§  2468.  All  vessels  sailing  under  an  enrollment, 
and  licensed  and  engaged  in  the  coasting  trade  be- 
tween the  port  of  San  Francisco  and  any  other 
port  of  the  United  States,  shall  be  exempt  from 
all  pilotage,  unless  a  pilot  be  actually  employed. 
All  foreign  vessels,  and  all  vessels  from  a  foreign 
port  or  bound  thereto,  and  all  vessels  sailing  un- 
der a  register  between  the  port  of  San  Francisco 
and  any  other  port  of  the  United  States,  shall  be 
liable  for  pilotage  and  half-pilotage,  as  provided 
in  section  two  thousand  four  hundred  and  sixty- 
six  of  this  Code.  [Amendment  adopted  April  6, 
1891;  Stats.  1891.  p.  496.] 

Stats.  1870,  p.  345. 

§  2469.  AYhen  two  or  more  pilots  shall  offer 
their  services  to  any  vessel  inward  bound,  the  pi- 
lot first  oft'ering,  or  one  connected  with  the  same 
boat,  shall  have  preference,  and  if  the  services  of 
another  be  accepted,  the  vessel,  her  appurte- 
nances, and  the  master  and  owner  thereof,  shall 


485  Pilot  Kegulations.  §§  2470-2476 

be  jointly  and  severally  liable  to  the  pilot  entitled 
to  such  preference  for  one-half  the  amount  of  pi- 
lotage he  would  have  been  entitled  to  had  his  ser- 
vices been  accepted.  [New  section  approved 
March  29,  1878;  Amendments  1877-8,  p.  47.  In  ef- 
fect March  29,  1878.] 
Section  added— by  amdt.  1878. 

§  2470.  Any  pilot  bringing  a  vessel  into  the 
harbor  of  San  Francisco  (or  one  connected  with 
his  boat)  shall  be  entitled  to  take  such  vessel  to 
sea  again  when  she  next  departs;  provided,  such 
pilot  and  those  connected  with  his  boat  have  not 
in  the  meantime  become  in  any  manner  disquali- 
fied or  incapacitated;  and  -if  such  preference  be 
disregarded  by  the  master  of  such  vessel,  the  ves- 
sel, master,  and  owner  shall  be  liable  to  the  pilot 
entitled  to  such  preference  for  one-half  the 
amount  to  which  he  would  be  entitled  if  his  ser- 
vices had  been  accepted.  [New  section  approved 
March  29,  1878;  Amendments  1877-8,  p.  47.  In  ef- 
fect March  29,  1878.] 

Section  added— by  amdt.  1878. 


ARTICLE  VII. 

PILOT    REGULATIONS      FOR     HUMBOLDT      BAY    AND 
BAR. 

§  2476.  Board   to   appoint   and   remove    pilots. 

§  2477.  To  make  rules  to  govern  themselves  and  pilots. 

§  2478.  Pilots  to  be  attached  to  steamboats.     Damages. 

§  2479.  Pilot  having   priority. 

§  2480.  Pilotage  and  towage. 

§  2481.  Pilot  responsible   for   loss  or   detention   of   vessel. 

§  2482.  Commissioners    to    recover    forfeitures,    etc. 

§  2483.  Compensation  of  Commissioners. 

§  2484.  Secretary  to  publish  receipts. 

§  2485.  Pilots  to  observe  regulations. 

§  2486.  License,   how   forfeited.  * 

§  2487.  Pilot   losing  vessel. 

§  2488.  Extra  services. 

§  2489.  Full  pilotage. 

§  2490.  Further  fees. 

§  2491.  Claims  against  Board. 

§  2476.  The  Humboldt  board  may  appoint  for 
Humboldt  bay  and  bar  such  number  of  pilots  as 
are  necessary,  subject  to  be  removed  by  the  board 
at  any  time. 


§§  2477-2481        Pilot   Regulations.  48« 

Basis  of  article:  Stats.  1860,  p.  75  et  seq. 

San  Diego  pilots  and  pilot  regulations:  Stats. 
1872,  p.  650. 

Act  to  improve  Humboldt  bay:  See  General 
Laws,  title  "Humboldt  Bay." 

§  2477.  The  commissioners  may  make  by-laws 
and  rules  for  their  own  government  and  for  the 
government  of  the  pilots,  and  fix  penalties  for  the 
breach  of  the  same;  a  copy  whereof  they  must 
furnish  each  pilot  appointed.  They  may  also  sus- 
pend or  revoke  the  licenses  of  pilots  appointed  by 
them,  for  incapacity  or  misconduct. 

§  2478.  All  pilots  licensed  or  appointed  for 
Humboldt  bay  must  be  attached  to  a  steamboat 
well  furnished  and  fitted  for  the  service,  having 
the  necessary  hawsers  and  spring  lines  suitable  to 
cross  and  tow  vessels  over  Humboldt  bar  in  ordin- 
arily rough  weather.  Any  damage  to  a  vessel  in 
tow  of  a  pilot  boat,  resulting  from  negligence  or 
carelessness,  may  be  recovered  of  the  pilot  boat, 
its  owners,  or  the  pilots  in  charge  thereof  at  the 
time  the  injury  occurred:  they  are  jointly  and  sev- 
erally liable  therefor. 

§  2479.  The  pilot  who  brings  any  vessel  into 
the  port  has  priority  in  piloting  or  towing  the 
same  out;  and  the  master  of  the  vessel  outward 
bound  must  apply  for  pilotage  or  towage  on  board 
the  pilot  boat  which  brought  the  vessel  in,  and 
tender  the  pilotage  or  towage  fee.  Such  pilot,  or 
a  suitable  substitute,  must  immediately  render 
the  required  service,  and  for  a  failure  so  to  do 
forfeits  his  appointment.  If  the  pilot,  in  bringing 
the  vessel  in,  was  guilty  of  negligence  or  careless- 
ness, he  thereby  forfeits  his  risrht  of  priority. 

§  2480.  Tlie  following  fees  are  collectible  by 
the  pilots  of  Humboldt  bay: 

1.  For  piloting  vessels,  eight  dollars  per  foot 
draught. 

2.  For  towage,  an  amount  to  be  agreed  upon  be- 
tween the  parties. 

§  2481.  If  any  vessel  bound  for  Humboldt  bay 
is  lost  or  unnecessarily  detained  for  want  of  a  pi- 
lot or  steam  tug  boat,  after  raising  a  signal  for  a 
pilot  within  eight  miles  of  the  bar  at  the  entrance 


487  Pilot    Regulations.        §§  2482-2486 

of  the  bay,  the  pilots  may  be  suspended  or  dis- 
placed by  the  commissioners;  and  those  guilty  of 
negligence  or  inattention  must  pay  to  the  com- 
missioners a  sum  not  exceeding  live  hundred  dol- 
lars, to  be  recovered  in  a  suit  by  them,  and  are 
liable  to  the  owners  of  the  lost  or  detained  vessel 
in  the  amount  of  dam.age  resulting  from  such  neg- 
ligence or  inattention.  The  commissioners  must 
publish  all  proceedings  had  in  such  cases. 

§  2482.  The  commissioners  must  sue  for  and 
recover  all  penalties  and  forfeitures  from  pilots, 
masters,  or  owners  of  vessels,  or  other  persons,  or 
from  the  vessels  violating  any  of  the  provisions 
of  this  article.  The  money  so  collected  must  be 
paid  into  the  county  treasury  of  Humboldt  coun- 
ty, for  the  use  of  the  public  schools,  the  commis- 
sioners first  deducting  therefrom,  if  sufficient, 
enough  to  defray  their  salaries  and  necessary  ex- 
penses. 

§  2483.  The  commissioners  must  each  receive 
the  sum  of  four  dollars  per  day  for  each  day  actu- 
ally employed  in  the  discharge  of  their  duties,  and 
all  necessary  expenses  for  stationery,  lights,  and 
fuel  used  in  their  office,  which  sum  must  be  de- 
ducted from  the  moneys  received  by  them  before 
depositing  the  same  in  the  county  treasury. 

§  2484.  On  the  first  week  in  January  of  each 
year,  the  secretary  of  the  board  must  cause  to  be 
published  in  a  newspaper  published  in  Humboldt 
county,  a  full  account  of  all  the  receipts  and  ex- 
penditures for  the  year  previous. 

§  2485.  The  commissioners  of  Humboldt  bay 
and  bar  must  strictly  observe  and  enforce  the  fol- 
lowing regulations: 

1.  A  pilot  absenting  himself  from  his  duty  for 
more  than  two  months  forfeits  his  license. 

2.  Each  pilot  must  apply  for  a  renewal  of  his  li- 
cense ten  days  before  the  expiration  thereof,  oth- 
erwise it  must  not  necessarily  be  renewed. 

?,.  If  a  pilot  becomes  intoxicated  while  in  charge 
of  a  vessel  as  pilot,  he  must  be  suspended  or  dis- 
missed and  his  license  withdrawn. 

§  2486.  Tjicenses  of  pilots  are  forfeited,  and 
must  be  withdrawn  by  the  board  of  commission- 
ers in  the  following  cases: 


§§  2487-2491        Pilot   Regulations.  488 

1.  A  failure  to  i-enew  his  bond  or  sureties  when 
required  by  the  board. 

2.  Willful  violation  of  any  duty  prescribed  by 
law,  or  a  regulation  of  the  board. 

3.  Negligently  losing  a  vessel. 

4.  Mental  derangement. 

5.  Habitual  drunkenness. 

Notice  of  any  charge  must  be  given  to  the  pilot 
accused,  and  an  opportunity  to  defend  himself  giv- 
en before  his  removal. 

§  2487.  A  pilot  negligently  losing  a  vessel  must 
not  thereafter  receive  a  license  as  a  pilot,  and  is 
liable  for  all  damages  sustained  in  consequence  of 
such  neglect.  If  a  pilot  negligently  runs  a  vessel 
on  sliore,  he  must  receive  no  pilotage;  and  he  is 
liable  on  his  bond  for  all  damages  sustained. 

§  2488.  The  master,  owner,  or  consignee  of  any 
vessel  to  Avhom  any  pilot  may  have  rendered, 
upon  request  of  either  of  them,  any  extra  service 
for  the  preservation  of  such  vessel  while  in  dis- 
tress, must  pay  such  pilot,  in  addition  to  his  reg- 
ular fees,  such  amount  as  the  commissioners  de- 
termine to  be  a  reasonable  and  just  reward,  if  no 
special  agreement  has  been  made  between  such 
master,  owner,  or  consignee  of  such  vessel  and 
the  pilot. 

§  2489,  A  pilot  boarding  any  vessel  displaying 
a  signal  for  a  pilot  is  entitled  to  receive  full  pilot- 
age. 

§  2490.  The  commissioners  are  entitled  to 
charge  for  each  license  to  a  pilot  a  sum  not  exceed- 
ing fifty  dollars;  and  any  master  of  a  coasting 
vessel,  being  an  American  citizen,  can,  upon  appli- 
cation to  the  pilot  commissioners,  obtain  a  special 
license  for  the  use  of  siich  vessel  only,  by  paying 
the  commissioners  for  the  same  at  the  rate  of  one 
dollar  per  ton;  all  such  vessels  must  be  under  one 
hundred  and  seventy-five  tons  burden. 

§  2491.  All  claims  against  the  commissioners 
must  be  considered  at  a  stated  meeting,  and  if  cor- 
rect must  be  allowed  and  paid. 

Article  is  founded  upon  Stats.  1860,  p.  75. 


489  Port  Wardens.  §§  2501-2505 

ARTICLE  VIII. 

PORT   WARDENS. 

§  2501.  Number  of  Port  Wardens. 

?  2502.  Board  for  San  Francisco. 

§  2503.  Duty  of  Wardens. 

S  2504.  To  keep  open  record. 

§  2505.  Surveys,    and    what   same   must   set   forth. 

§  250G.  May   call   assistance,    but   no   charge   therefor. 

§  2507.  Sales  of  wrecks,   etc.,   and  merchandise  for  foreign 

underwriter.s. 

§  2508.  Notice  of  sale,  how  given. 

§  2509.  Wardens   not  to  be   connected   with   insurance. 

I  2510.  Fees  for  surveys  and  certificates. 

§  2511.  Penalty    for   acting   as    Port   Warden. 

§  2501.  There  are  four  port  wardens  for  the 
port  and  harbor  of  San  Francisco,  and  one  for 
each  and  every  other  port  of  entry  within  this 
State. 

§  2502.  Of  the  wardens  appointed  in  San  Fran- 
•cisco  two  or  more  must  be  master  mariners.  They 
must  act  in  concert  in  tlae  discharge  of  tlieir  du- 
ties, and  are  known  as  the  board  of  port  wardens 
for  the  port  of  San  Francisco. 

■S  2503.  The  port  wardens,  when  required  by 
any  person  interested  in  either  vessel  or  cargo, 
must  survey  any  vessel  arriving  in  distress,  or 
which  has  sustained  damage  or  injury  at  sea,  and 
survey  in  whole  or  in  part  the  cargo  thereof;  and 
must  survey  the  hatches,  stowage,  and  cargo  of 
all  vessels  laden  with  general  or  assorted  mer- 
chandise belonging  or  consigned  to  various  par- 
ties. 

§  2504.  They  must  keep  in  a  book  provided  for 
such  purpose  a  record  of  all  surveys,  signed  by 
the  warden  making  the  survey,  at  all  times  open 
for  inspection  by  any  person  interested  in  the  ves- 
sel or  cargo  surveyed,  of  which  all  persons  requir- 
ing them  must  be  furnished  with  copies  certified 
under  the  hand  of  the  warden  or  one  of  the  board 
of  wardens  and  seal  of  the  board,  on  payment  of 
the  fee  therefor. 

§  2505.  In  all  suiweys  made  by  a  port  warden 
he  must  set  forth  clearly  and  fully  the  nature  of 


§§2506,2507         Port   Wardens.  4<M» 

the  damage;  if  of  merchandise,  whether  from  ac- 
tual contact  with  sea  water  or  through  the  excess 
of  water  in  the  hold  of  the  vessel,  or  from  the 
humidity  or  sweat  of  the  hold,  bad  stowage,  or 
from  such  other  cause  by  which  in  his  judgment 
the  damage  has  been  occasioned.  If  the  survey  is 
of  a  damaged  vessel  he  must  give  a  full  account 
of  all  the  loss  and  injury  which  she  has  sustained, 
and  recommend  the  repairs.  He  must  state  the 
value  of  the  vessel  in  her  damaged  condition,  and 
also  the  value  of  the  repairs  recommended,  set- 
ting forth  what  pai'ts  are  to  be  supplied  anew  and 
what  parts  to  be  put  in  repair. 

§  2506.  Whenever  a  port  warden  deems  it  ne- 
cessary he  may  call  to  his  assistance,  on  a  sur- 
vey, a  ship  carpenter,  rigger,  sailmaker,  or  other 
person  practically  acquainted  with  the  merchan- 
dise to  be  surveyed  or  parts  of  the  vessel  to  be 
repaired,  who  must  be  sworn  to  examine  properly 
and  to  render  with  the  warden  a  correct  and  faith- 
ful report  of  tlie  surveys.  No  additional  charge 
must  be  made  therefor  to  the  vessel  unless  their 
survey  is  required  by  the  owner  or  agent  thereof. 

§  2507.  All  wrecked  or  damaged  vessels,  or  ma- 
terials from  the  same,  and  all  merchandise  sold 
at  public  auction  for  account  of  underwriters  re- 
siding abroad,  when  required  by  any  party  having 
an  Interest  in  the  same,  or  for  account  of  whom 
it  may  concern,  or  upon  which  claims  are  to  be 
made  against  underwriters  residing  abroad,  must 
be  sold  under  the  inspection  of  a  warden  of  the 
port  where  such  sale  is  made.  And  the  warden 
must  separate  sound  goods  from  those  damaged, 
and  certify  specially  the  nature,  and.  as  far  as 
can  be  done,  the  extent  of  such  damage.  No  port 
warden  has  authority  to  sell  or  dispose  of  any 
property  that  may  have  been  surveyed  by  him 
without  the  consent  of  the  owner  or  agent  of  the 
same;  nor  when  the  settlement  of  losses  has  been 
agreed  upon  in  writing  by  the  parties  interested 
and  a  copy  thereof  given  to  the  warden. 

Marine  insurance — Civil  Code,  sees,  2655-274(5. 
Loss,  Civil  Code.  sees.  2701-2712.  Abandonment, 
Civil  Code,  sees.  2716-27.'^2.  Measure  of  indemnity. 
Civil  Code,  sees.  2736-2746. 

Wrecks  and  wrecked  property:  See  ante,  art.  4, 
sees.  2403  et  seq. 


491  Port  Wardens.  §§  2508-2511 

§  2508.  In  case  sales  are  made  at  auction  un- 
der the  direction  of  the  port  warden,  he  must  give 
at  least  three  days'  notice  of  the  same  by  publica- 
tion in  some  newspaper  published  in  the  county 
where  the  survey  is  made,  describing  the  articles 
to  be  sold;  and  if  merchandise,  the  vessel  by 
whicli  imported;  and  if  a  wrecl^ed  or  damaged  ves- 
sel or  materials  of  the  same,  the  name  of  the  ves- 
sel and  where  from.  If  no  newspaper  is  published 
in  the  place  where  the  sale  is  made,  then  a  written 
notice  of  such  sale  must  be  posted  up  in  the  vi- 
cinity. 

§  2509.  No  port  warden  must,  either  directly 
or  indirectly,  liave  any  connection  with  insui'ers  of 
this  State,  or  of  any  other  of  the  States,  or  of 
foreign  countries,  or  with  the  agents  or  represent- 
atives of  such  insurers,  so  far  as  his  duties  as  port 
warden  are  concerned.  He  must  not  in  any  man- 
ner be  interested,  directly  or  indirectly,  in  any  re- 
pairs he  may  recommend,  nor  in  any  vessel,  car- 
go, or  portion  of  cargo,  he  may  be  required  to 
survey. 

§  2510.  F'or  each  and  every  survey  the  port 
warden  is  entitled  to  fifteen  dollars,  to  be  paid  by 
the  owners,  masters,  or  consignees,  the  amount  not 
to  exceed  altogether  for  any  one  vessel  the  sum 
of  seventy-five  dollars.  Foreign  vessels,  not  ad- 
mitted by  treaty  on  terms  of  equality  with  Ameri- 
can bottoms,  must  pay  fifty  per  cent  advance  on 
this  rate.  For  all  separate  certificates  of  surveys 
required  by  different  consignees  he  is  entitled  to 
a  fee  of  two  dollars  and  a  half,  and  for  each  or- 
der of  sale  he  is  entitled  to  ten  dollars. 

§  2511.  Any  person  other  than  a  port  warden, 
appointed  according  to  law,  who  performs  any  of 
the  duties  of  such  officer  prescribed  in  this  article 
is  liable  to  a  penalty  of  not  less  than  five  hun- 
dred dollars  nor  more  than  one  tliousand  dollars 
for  each  offense,  to  be  recovered  in  any  court  of 
competent  jurisdiction  by  the  warden  or  board  of 
port  wardens,  in  tlie  name  of  the  people  of  the 
State  of  California. 

Basis  of  section:  Stats.  185.3,  p.  44. 

Exercising  functions  of  office  wrongfullv:  Penal 
Code,  see.  75. 


2520  Harbor  Commissioners.  492 


ARTICLE  IX. 

SAN     FRANCISCO     HARBOR      AND      STATE      HARBOR 
COMMISSIONERS. 

§  2520.    Appointment   of   State   Harbor   Commissioners. 

§  2521.    Qualifications  of  Commissioners.     Offlcers  of  Board. 
Duties   of   Secretary. 

§  2522.    Employees  and  their  duties. 

§  2523.    Actions    for    property,    money   and    removal    of   ob 
structions. 

§  2524.    San   Francisco   water  front   under   control   of   Com 
missioners. 

§  2525.    Extension   and   supervision    of   streets    along    waf''> 
front. 

§  2526.    Limit   of    money    to   be    collected. 

§  2527.     Requisites  of  valid  contract. 

§  2528.     Disposition   of   moneys   collected. 

§  2529.    Vouchers,    drafts  and   warrants. 

§  2530.     Reports  and  receipts. 

§  2531.    Ex   officio   members   of   Board. 

§  2532.     New   sea   wall   for   San   Francisco   Harbor. 

§  2533.     San    Francisco    Harbor    Improvement    Fund. 

§  2534.     Limit  of   compensation   for  collecting  dockage,   etc. 
(Repealed.) 

§  2535.     State   Treasurer's   receipts,    disbursements,    and   ac- 
count   books. 

§  2536.    Proposals    and    contracts    for    construction    of    new 
sea    wall. 

§  2537.     Report    of    Commissioners    to    Governor. 

§  2538.     Maps  of  changes  in  lines  of  water  front  or  streets. 

§  2539.     Office  and  duties  of  Chief  Wharfinger. 

§  2540.    Duties  of  Chief  Wharfinger  as  to  abandoned  water- 
craft  and  boats  adrift. 

§  2541.     Failure    to    obey    orders    of   Chief   Wharfinger. 

§  2542.     Obstructions   to   navigation. 

§  2543.     Fast   driving   on   wharves   prohibited. 

§  2544.    Police    Judge's    Court    to    try    misdemeanors    here- 
under. 

§  2545.    Qualifications   of   offlcers. 

§  2546.     Obligee  on  official  bonds. 

§  2547.    Seal. 

§  2548.    When   no   tolls   or  wharfage   to   be   collected. 

§  2549.    Collections   and   payments   in   gold   and   silver   coin 
only. 

§  2550.    Wharfingers  and   collectors   as   special   policemen. 

§  2551.    Pending   actions  and   proceedings   not  affected. 

§  2552.     Salaries    of    officers. 

§  2553.    Duties  of  Attorney  General. 

§  2554.     Office   rooms.     (Repealed.) 

§  2520.  A  board  of  State  harbor  commissioners, 
to  consist  of  three  persons,  is  hereby  constituted, 
with  such  powers  and  duties  as  are  prescribed  by 


493  Harbor  Commissioners.  §  2520 

law.     On  the  passage  of  tliis  act,  the  governor 
must  nominate  and,  by  and  with  the  consent  of 
tlie  Senate,  appoint,  one  of  said  commissioners  tu 
hold  office  for  two   years,  one  for  tliree  years,  and 
one  for  four  years,  from  the  dates  of  their  respec- 
tive commissions,  and  until  their  successors  are 
qualified.     The  said  officers  must     thereafter  be 
nominated  by  the  governor,  and  by  and  with  the 
consent  of  the  Senate,  be  appointed  for  four  years 
from  the  dates  of  their  respective     commissions, 
and  until  their  successors  are  qualified.     If  the 
term  of  office  of  any  commissioner  expire  during 
the  recess  of  the  Senate,  the  governor  must  grant 
a   commission    to   his    successor,    which    shall    be 
valid  to  all  intents   and  purposes,   subject,   how- 
ever, to  the  consent  of  the  Senate  at  its  uext  reg- 
ular session.     If  a  vacancy  occur  from  any  cause 
in  the  office  of  a  commissioner  before  the  expira- 
tion of  his  term,  his  successor  must  be  appointed 
and  hold  office  only  for  the  unexpired  portion  of 
such  term.    In  case  the  Senate,  during  its  session, 
fail  to  act  on  or  refuse  its  consent  to  any  nomina- 
tion the  governor  may  malce  of  persons  to  con- 
stitute the  board  herein  first  provided  for,  or  to  fill 
a  vacancy  occm-riiig  thereafter  by  expiration  of 
the  term  or  otlierwise,  lie  must,  after  the  adjourn- 
ment of  the  Senate,  grant  a  commission  for  the 
terms  herein  provided  for,  or  for  the  unexpired 
portion  of  such  term,  as  the  case  may  be.  subject, 
hoAvever,  to  the  consent  of  the  Senate  at  its  next 
regular  session;  provided,  that  upon  the  passage 
of  this  act,  the  governor  shall  nominate  three  per- 
sons to  fill  such  offices  for  tlie  first  term  and  sub- 
mit them  to  the  Senate  at  least  one  day  before  its 
.final   adjournment.       The   commissioner  first  ap- 
pointed for  four  years,  and  thereafter  his  succes- 
sors, shall  be  the  president  and  executive  officer 
of  the  board.    It  shall  be  his  duty  to  preside  at  its 
meetings,  to  supervise  the  official  conduct  of  all 
its  officei's  and   employees,  especially  in  the  col- 
lection, custody,  and  dislnirsement  of  the  revenues, 
and  to  require  that  all  tlie  books,  papers,  and  ac- 
counts be  accurately  kept  and  in  proper  form,  and 
all  tlie  provisions  of  law  and  the  regulations  of  the 
board  be  enforced  and  oliserved.     He  may  atluiin- 
ister  official  oatlis  to  the  olficers  and   employees 
of  the  board,  except  the  other  commissioners,  and 
to  all  other  persons  in  relation  to  tlie  business  of 
Pol.  Code- 42. 


§  2521  Harbor  Commissioners.  494 

the  board.  [Amendment  approved  March  7,  1883; 
Stats.  1883,  p.  48.     In  effect  March  7,  1883.] 

Harbor  commissioners,  mode  of  election  and  ap- 
pointment, reference  hereto:  Sec.  362;  ex-officio 
members:  Sec.  2531. 

Article  reconstructed  by  amendments  1876,  and 
again  in  1883. 

Various  acts  relating  to:  See  post.  Appendix,  p, 
1035. 

§  2521.  The  president  of  the  board  must  give 
an  official  bond  in  the  sum  of  fifty  thousand  dol- 
lars, and  each  of  the  other  commissioners  in  the 
sum  of  fifty  thousand  dollars,  which  must  be  ap- 
proved by  the  governor  and  state  treasurer  by 
written  indorsement  thereon,  and  within  fifteen 
days  after  the  date  of  their  respective  commis- 
sions must  be  filed  and  recorded  in  the  office  of 
the  secretary  of  state,  together  with  the  official 
oath  prescribed  by  law.  The  commissioners  shall 
not  be  siu'eties  for  one  another,  nor  shall  any  offi- 
cer of  the  State,  nor  any  officer  or  member  of  the 
Legislature,  be  accepted  as  surety  on  said  bonds. 
As  soon  as  the  commissioners  first  appointed  un- 
der this  act  have  qualified,  the  offices  of  the  pres- 
ent commissioners  shall  be  and  are  hereby  de- 
clared to  be  vacant.  The  board,  on  entering  on 
the  duties  of  their  office,  must  appoint  the  follow- 
ing officers,  viz.:  A  secretary,  an  assistant  secre- 
tary, an  attorney,  a  chief  engineer,  a  chief  wharf- 
inger, and  such  number  of  wharfingers  and  collec- 
tors as  they  deem  necessary.  Such  officers  shall 
hold  for  a  term  of  four  years  from  the  dates  of 
their  respective  appointments,  but  may  be  removed 
by  the  board  at  any  time,  after  due  investigation, 
for  causes  affecting  their  official  character  or  com- 
petency. The  order  for  such  removal,  stating  dis- 
tinctly the  causes  therefor,  must  He  entered  on 
their  minutes.  In  case  of  a  vacancy  in  such  offi- 
ces by  the  expiration  of  a  term,  or  for  any  other 
cause,  the  board  must  fill  the  same  by  an  appoint- 
ment for  four  vears.  [Amendment  approved  March 
7.  1883:  Stats.  "1883.  p.  48.  In  effect  :March  7.  1883.] 

Commissions  issued  by  governor:  Sees.  891.  892. 

Official  bonds  generally:  Sec.  947-986:  required 
by  this  article  to  be  to  people  of  State:  Sec.  2.546. 

Provisions  as  to  bond  of  commissioners,  prior  to 
this  amendment,  founded  on  statutes  1863,  p.  406; 
1863-4,  p.  138. 


J 


495  Harboi'  Commissioners.  §  2522 

Ex-officio  members  of  board:  Sec.  2531. 
Official  oatli:  Sees.  904-910. 
Seal  of  board:  See.  2547. 
Qualifications  of  officers:  Sec.  2545. 

§  2522.  The  secretary  must  keep  tlie  office  of 
the  board  open  every  day,  legal  holidays  excepted, 
from  nine  o'clock  A.  M.  till  four  o'clock  P.  M.  He 
shall  safely  keep  and  be  responsible  for  all  mon- 
eys paid  into  the  office,  and  for  all  the  books  and 
papers  of  the  board,  attend  their  meetings  and 
keep  a  perfect  record  of  their  proceedings,  with  the 
names  of  the  commissioners  present  thereat.  He 
must  keep  in  proper  books  an  account  of  all  moneys 
received  and  paid,  and  on  or  befoi'e  the  fifth  day 
of  each  month  must  send  to  the  state  controller  a 
statement  thereof,  under  oath,  for  the  preceding 
month,  showing  the  sources  from  which  such  mon- 
eys were  received,  and  the  purposes  for  which 
they  were  paid,  and  must  also  report  to  the  con- 
troller the  amount  paid  to  the  state  treasurer  for 
the  month  covered  by  such  statement.  He  must 
enter  dail.v,  in  proper  wharf-books,  the  returns 
made  by  the  wharfingers  and  collectors,  and,  on 
the  last  day  of  each  month,  settle  the  accounts  of 
each  of  them,  and  balance  the  said  books  as  soon 
as  possible  thereafter.  When  money  is  received 
from  any  source,  he  must  retain  a  stub  corres- 
ponding in  number,  date,  and  amount,  with  the  re- 
ceipt therefor,  and  he  must  require  the  person 
paying  it  to  sign  said  stub.  He  must  record,  at 
length,  all  contracts  and  agreements  made  by  the 
■  board,  and  keep  a  record  of  all  personal  property 
purchased,  and  its  cost;  and  in  case  any  be  sold, 
the  name  of  the  purchaser,  date  of  sale,  and  the 
price  received  therefor.  Befoi'e  entering  on  the 
duties  of  his  office,  he  must  give  an  official  bond 
in  the  sum  of  fifty  thousand  dollars,  and  take  and 
subscribe  an  official  oath.  Said  bond  must  be  ap- 
proved bj'the  board,  by  written  indorsement  there- 
on, and  be  filed  with  such  oath  in  the  office  of  the 
secretary  of  state.  The  assistant  secretary  shall 
attend  at  the  office  during  office  hours,  and  must 
perform  such  service  as  may  be  required  of  him 
by  the  secretary  of  tlie  board.  Before  entering  on 
the  duties  of  his  office,  he  must  give  an  official 
bond,  in  the  sum  of  twenty  thousand  dollars,  and 
take  and  subscribe  an  official  oath.  Said  bond 
must  be  approved  by  the  board  by  written  indorse- 


§  2522  Harbor  Commissioners.  490 

ment  thereon,  and  be  filed  witli  such  oath  in  the 
otljce  of  the  secretary  of  state.    The  attorney  shall 
attend  to  the  prosecution  and  defense  of  all  suits, 
and  render  such  legal  service  as  may  be  required 
of  him  by  the  board.     The  chief  engineer  must 
prepare  such  plans  and  specifications  as  the  board 
may  direct,  and  if  adopted,  and  the  A\orlc  ordered 
by  the  board  to  be  done,  must  superintend  its  con- 
struction.     He   must   give    constant    attention   to 
the  condition  of  the  seawall  and  thoroughfare,  of 
the  sheds,   wharves,  piers,   and   landings,   of  the 
streets  or  parts  thereof  under  the  jurisdiction  or 
the  board,  and  when  repairs  are     needed,   must 
forthwith  report  to  the  board,  in  writing,  their  na- 
ture and  extent,  and  if  ordered  by  the  board,  must 
have  the  same  done  at  once.     He  must  keep  him- 
self informed  as  to  the  depth  of  water  in  the  var- 
ious doclvs  and  slips,  and  report  to  the  board,  from 
time  to  time,  what  dredging  is  required.    He  must 
keep  a  register,     properly    indexed,  showing    the 
date,  place,  and  character  of  every  piece  of  work 
done  and  dock  dredged,   when  begun  and  when 
finished,  with  proper  descriptions  and  drawings. 
He  must  take  and  subscribe  an  official  oath,  and 
give  a  bond  in  the  sum  of  ten  thousand  dollars, 
to  be  approved  by  the  board  by  written  indorse- 
ment thei-eon.     Said  bond  and  oath  must  be  filed 
in  the  office  of  the  board.     The  chief  wharfinger 
must  station,  berth,  and  regulate  the  position  of 
vessels  in  the  docks  and  harbor,  and  cause  them 
to  remove  from  time  to  time,  and  from  place  to 
place,  as  the  general  convenience,  safety,  and  good 
order  may  require.    Subject  to  such  regulation,  he 
must  assign  berths  to  vessels  in  tlie  order  of  their 
appbcation  after  entering  the  harbor.     He  must 
supervise    the     wliarfingers,     and  report  to     the 
board  all  cases  of  failure  to  perform  their  duties, 
and  require  all  shipmasters,  consignees,  pilots,  and 
masters  of  towboats  to  conform  to  the  regulations 
of  the  board.     He  must  require  the  docks,  slips, 
wh.irves.  piers,  and  other  premises  under  the  jur- 
isdiction of  tlie  lioard  to  be  liept  free  of  all  ob- 
structions, and  when  parties  fail  to  obey  his  order 
to  remove  tlie  same,  he  must  forthwith  report  the 
fact  to  the  board,  and  execute  tlieir  order  in  rela- 
tion thereto.     He  must  take  and  subscribe  an  otti- 
cial  oath,  and  give  such  official  bond  as  the  board 
may  require,  subject  to  their  approval,  to  be  in- 
dorsed thereon.     Said  bond  and  oath  must  be  filed 


497  Harbor  Commissioners.  §  2523 

in  the  office  of  the  board.  The  wharfingers  shall 
have  supervision  of  tlie  wharves  to  whieli  they  are 
assiguecl,  and  must  reiiuire  the  regulations  of  the 
board  and  orders  of  the  chief  whartinger  to  be  re 
spected  and  obeyed,  and  good  order  be  preserved 
thereon.  The  collectors  must  collect  the  revenues 
in  such  manner  as  the  board  may  direct,  and  must 
daily  account  for  and  pay  all  moneys  into  the  of- 
tice."  The  wharfingers  and  collectors  must  each 
take  and  subscribe  an  othcial  oath,  and  give  such 
official  bond  as  the  board  may  require,  subject  to 
their  approval,  to  be  indorsed  thereon;  said  bond 
and  oath  to  be  filed  in  their  office.  All  the  above 
named  officers  must  perform  such  other  duties 
pertaining  to  their  iwsitions  as  the  board  may 
from  time  to  time  prescribe.  The  board  may,  iu 
its  discretion,  employ  an  assistant  to  the  chief  en- 
gineer, an  assistant  to  the  chief  whai*flnger,  a 
draftsman,  a  superintendent  of  dredgers,  and 
such  men  on  the  dredgers,  scows,  towboats,  and 
fireboats,  and  iu  doing  urgent  repairs,  as  they 
deem  advisalile,  and  prescribe  their  bonds,  du- 
ties, and  compensation;  such  employes  shall  hold 
their  positions  and  be  removable  al  the  pleasure 
of  the  board;  but  no  officer  or  employe  of  the 
board  shall  be  removed  or  otherwise  prejudiced 
for  refusing  to  contribute  to  any  political  fund,  or 
to  render  any  political  service;  nor  shall  the 
board,  collectively  or  individually,  use  their  official 
influence  to  coerce  the  political  action  of  any  such 
officei's  or  employes.  Nor  shall  the  state  dredgei-s 
be  employed  to  dredge  slips  not  under  the  control 
of  the  State,  nor  private  work  of  any  charactei', 
[Approved  March  21,  1887.] 

§  2523.  The  commissioners  may  institute  and 
prosecute  to  final  judgment,  actions  in  the  name 
of  the  people  of  the  State  of  California,  for  the 
possession  of  any  portion  of  the  premises  de- 
scribed in  this  article,  situate  between  the  inshore 
line,  or  line  nearest  the  main  line,  and  the  line  off- 
shore six  hundred  and  fifty  feet  therefrom,  and 
parallel  therewith,  or  for  the  annulling  of  any 
lease  or  contract  entered  into  bv  the  commission- 
ers in  behalf  of  the  State,  by  virtue  of  anv  gen- 
eral or  special  law,  or  for  the  collection  of  any 
money  due,  or  that  may  become  due  the  State  by 
authority  of  this  article;  and  the  commissioners 
may  also  institute  and  prosecute  to  final  judgment, 


§  2524  Harbor  Commissioners.  498 

actions  for  the  removal  of  all  unlawful  obstruc- 
tions in  or  upon  said  premises,  or  for  the  removal 
of  all  imlawful  obstructions  in  or  upon  the  streets 
through  the  center  of  which  the  inshore  line,  or 
line  nearest  the  main  land,  bounding  said  prem- 
ises, runs.  They  may  also  remove  any  unlawful 
obstructions  thereon  after  the  owner,  possessor, 
or  occupant  of  such  obstructions  shall  have  five 
days'  notice,  in  writing,  to  remove  the  same,  either 
served  on  such  owner,  possessor,  or  occupant,  or 
posted  upon  said  obstruction  by  the  chief  wharf- 
inger, assistant  wharfinger,  or  wharfinger. 
[Amendment  approved  Februarv  28,  1876;  Amend- 
ments 1875-6.  p.  32.  In  effect  February  28,  1876.] 
(See  sees.  2522,  2528,  2542.) 

§  2524.  The  commissioners  shall  have  posses- 
sion and  control  of  that  portion  of  the  Bay  of  San 
Francisco,  together  with  the  improvements,  rights, 
privileges,  easements,  and  appurtenances  connect- 
ed therewith,  or  in  anywise  appertamiug  thereto, 
for  the  purposes  in  this  article  provided  (excepting 
such  parcels  thereof  as  are  held  by  the  lessees, 
or  tlieir  assigns,  of  valid  leases;  which  parcels  .so 
held  it  is  hereby  made  the  duty  of  the  commis- 
sioners to  take  possession  of,  together  with  the 
improvements  thereon,  as  soon  as  said  leases  ter- 
minate, and  also  to  see  that  the  lessees,  or  their 
successors  or  assigns,  do  not  exercise  rights  and 
privileges  that  are  not  conferred  by  said  leasesi, 
bounded  as  follows,  to  wit:  Commencing  at  the 
point  where  the  easterly  line  of  the  Presidio  res- 
ervation iutei-seets  the  water  line  front,  as  estab- 
lished by  the  board  of  State  tide  land  commission- 
ers; thence  easterly  along  said  water  line  front  to 
the  center  of  Webster  street:  thence  southerly 
along  the  center  of  "Webster  street  to  the  center  of 
Lewis  street;  thence  easterly  along  the  center  of 
Lewis  street  to  the  center  of  Polk  street:  thence 
southerly  along  the  center  of  Polk  street  to  the 
center  of  Tonquin  street:  thence  easterly  along 
the  center  of  Tonquin  street  to  the  center  of  Lar- 
kln  street:  thence  sotitherly  along  the  center  of 
Larkin  street  to  the  center  of  Jefferson  street; 
thence  easterly  along  the  center  of  Jefferson  street 
to  the  center  of  Powell  street:  thence  southerly 
along  the  center  of  Powell  street  to  the  center  of 
Beach  street:  thence  easterly  along  the  center  of 
Beach  street  to  the  center  '  of     Dupont     street; 


499  Harbor  Commissioners.  §  2524 

tlience  southerly  along  tlie  center  of  Dupont 
street  to  tlie  center  of  North  Point  street;  thence 
easterly  along  the  center  of  North  Point  street  to 
the  center  of  Kearny  street;  thence  southerly 
along  the  center  of  Kearny  street  to  the  center  of 
Francisco  street;  thence  easterly  along  the  center 
of  Francisco  street  to  the  center  of  Montgomery 
street;  thence  southerly  along  the  center  of  Mont- 
gomery street  to  the  center  of  Chestnut  street;, 
tlience  easterly  along  the  center  of  Onestnut  street 
to  the  center  of  Sansome  street;  thence  southerly 
along  the  center  of  Sansome  street  to  the  center  of 
Lombard  street;  thence  easterly  along  the  center 
of  Lombard  street  to  the  center  of  Battery  street; 
thence  southerly  along  the  center  of  Battery  street 
to  the  center  of  Greenwicli  street;  thence  easterly 
along  the  center  of  Greenwicli  street  to  the  cen- 
ter of  Front  street;  thence  southerly  along  the 
center  of  Front  street  to  the  center  of  Vallejo 
street;  thence  easterly  along  the  center  of  Vallejo 
street  to  the  center  of  Davis  street;  thence  south- 
erly along  the  center  of  Davis  street  to  the  center 
of  Pacific  street;  thence  easterly  along  the  center 
of  Pacific  street  to  the  center  of  East  street; 
thence  southerly  along  the  center  of  East  street  to 
the  center  of  P'olsom  street;  thence  westerly  along 
the  center  of  Folsoni  street  to  the  center  of  Steu- 
art  street:  thence  southerly  along  the  center  of 
Steuart  street  to  the  center  of  Harrison  street; 
thence  southerly  on  a  direct  line  with  said  Steuart 
street,  two  hundred  and  lifty-three  feet  nine 
inches,  to  the  center  of  a  street  the  name  of  which 
is  not  on  the  map;  thence  at  right  angles,  wester- 
ly, along  the  center  of  said  street  to  the  center  of 
Spear  street;  thence  southerly  along  the  center  of 
Spear  street  to  the  center  of  Bryant  street;  thence 
westerly  along  the  center  of  Bryant  street  to  the 
center  of  Beale  street;  thence  southerly  along  the 
center  of  Beale  street  to  the  center  of  Brannan 
street;  thence  westerly  along  the  center  of  Bran- 
nan  street  to  the  center  of  First  street;  thence 
southerly  along  the  center  of  First  street  to  the 
center  of  Townsend  street;  thence  westerly  along 
the  center  of  Townsend  street  five  hundred  and 
fifty  feet  to  the  center  of  a  street  the  name  of 
which  is  not  on  a  map;  thence  at  right  angles 
southerly  along  the  center  of  said  street  to  the 
center  of  King  street;  thence  along  the  center  of 
King  street  to  the  center  of  Second  street;  thence 


§  2524  Harbor  Commissioners.  500 

southerly  along  the  center  of  Second  street  to  ttie 
center  of  Berry  street;  thence  westerly  along  the 
center  of  Berry  street  to  the  center  of  Third  street; 
thence  southerly  along  the  center  of  Third  street 
to  the  northerly  line  of  Channel  street;  thence 
westerly  along  the  last  mentioned  line  to  the  east- 
erly line  of  Fifth  street;  thence  southerly  along 
said  last  mentioned  line  to  the  southerly  line  of  said 
Channel  street;  thence  easterly  along  said  men- 
tioned linetothe  center  of  Kentucky  street;  thence 
southerly  along  the  center  of  Kentucky  street 
to  the  center  of  Fourth  street;  thence  along  the 
center  of  Fourth  street  to  the  center  of  Louisiana 
street;  thence  southerly  along  the  center  of  Louis- 
iana street  to  the  center  of  El  Dorado  street;  thence 
along  the  center  of  El  Dorado  street  to  the  center 
of  Illinois  street;  thence  southerly  along  the  cen- 
ter of  Illinois  street  to  the  center  of  Solano  street; 
thence  easterly  along  the  center  of  Solano  street 
to  the  Avaterfront  line  established  by  the  board 
of  State  tide  land  commissioners;  thence  souther- 
ly along  said  last  mentioned  line  to  the  center  of 
Tulare  street;  thence  westerly  along  the  center 
of  Tulare  street  to  the  center  of  Texas  street; 
theuce  southerly  along  the  center  of  Texas  street 
to  the  center  of  Islais  street;  thence  easterly  along 
the  center  of  Islais  street  to  the  center  of  Water- 
front street;  thence  southerly  along  the  center  of 
Waterfront  street  to  the  center  of  India  street; 
thence  westerly,  southerly,  and  easterly  along  the 
center  of  said  India  street  to  the  center  of  Water- 
front street,  to  the  center  of  China  street;  thence 
westerly  along  the  center  of  China  street  to  the 
center  of  Third  avenue;  thence  southerly  along  the 
center  of  Third  avenue  to  the  northerly  line  of  the 
property  of  the  California  Dry  Dock  Company; 
thence  easterly  along  said  last  mentioned  line  to 
the  waterfront  established  by  the  board  of  State 
tide  land  commissioners;  thence  southerly  along 
and  around  said  dry  dock  company's  land  to  the 
southeasterly  corner  thereof;  thence  westerly 
along  the  line  of  said  land  to  the  center  of  Wa- 
terfront street;  thence  southerly  along  the  center 
of  Waterfront  street  to  the  center  of  Nineteenth 
avenue;  thence  westerly  along  the  center  of  Nine- 
teenth avenue  to  the  center  of  Dock  street;  thence 
southerly  along  the  line  of  Dock  street  to  the  cen- 
ter of  Twenty-third  avenue;  thence  westei'ly  along 
the  center  of  Twenty-third  avenue  to  the  center 


501  Harbor  Comiuissiouers.  §  2524 

of  H  street;  thence  southerly  along  the  center  of 
H  street  to  the  center  of  Twenty-fourth  avenue; 
thence  easterly  along  the  center  of  Twenty-fourth 
avenue  to  the  center  of  Waterfront  street;  thence 
southerly  along  the  center  of  said  Waterfront 
street  to  the  southern  boundary  of  the  city  and 
county  of  San  Francisco;  thence  along  the  souther- 
ly, easterly,  and  northerly  boundary  lines  of  said 
city  and  county  to  a  point  due  north  of  the  place 
of  commencement,  and  thence  south  to  the  place 
of  commencement.  But  no  harbor  embankment 
or  seawall  shall  be  constructed  outside  of  the  fol- 
lowing named  points  and  lines,  to  wit:  Commenc- 
ing at  the  point  where  the  eastern  boundary  line 
of'the  Presidio  Reservation,  extended  in  a  north- 
erly direction,  intersects  the  three-fathom  contour 
line,  shown  upon  the  charts  of  the  United  States 
survey,  and  running  thence  in  an  easterly  and 
southerly  direction,  upon  straight  or  cuiwed  lines, 
in  such  manner  as  to  approach  as  near  as  practic- 
able the  extreme  outer  projections  of  the  water- 
line  front,  as  described  in  an  act  to  provide  for 
the  disposition  of  certain  property  of  the  State  of 
California,  passed  March  twenty-sixth,  A.  D.  eight- 
een hundred  and  fifty-one,  to  a  point  at  or  near  the 
intersection  of  Second  and  Berry  streets;  thence 
continuing  southerly  upon  straight  or  curved  lines, 
in  such  a  manner  as  to  approach  as  near  as  prac- 
ticable the  extreme  outer  projections  of  the  water- 
line  front,  as  established  by  the  board  of  State 
tide  laud  commissioners,  to  the  southerly  bound- 
ary of  .said  city  and  county  of  San  Francisco;  and 
said  commissioners,  in  addition  to  a  general  con- 
trol over  said  premises,  shall  have  authority  to 
use.  for  loading  and  landing  merchandise,  with  a 
right  to  collect  dockage,  wharfage,  and  tolls  there- 
on, such  portion  of  the  streets  of  the  city  and 
county  of  San  Francisco  ending  or  fronting  upon 
the  waters  of  said  bay,  as  may  l>e  used  for  such 
purposes  without  obstructing  the  same  as  thoi*- 
oughfares,  and  authority  to  rent  an  otiice  in  the 
city  and  county  of  San  Francisco,  between  Mont- 
gomery, Market  and  Pacific  streets  and  the  city 
front;  and  purchase,  from  time  to  time,  suitable 
books  for  the  records  of  the  secretary  and  ac- 
counts of  the  wharfingers,  together  with  such  sta- 
tionery as  may  be  required  by  the  board,  and  to 
fix  and  regulate,  from  time  to  time,  the  rates  of 
dockage,  wharfage,  cranage,  tolls,  and  rents,  and 


§  2524  Harbor  Commissioners.  502 

collect  such  an  amount  of  revenue  therefrom  as 
will  enable  the  commissioners  to  pex'form  the  du- 
ties required  of  them  by  authority  of  this  article; 
and  the  commissioners  and  mayor  of  San  Francis- 
co may  so  modify  and  establish  such  rates  of 
dockage  and  wharfage  as  will  produce  a  revenue 
not  to  exceed  in  amount  the  moneys  collected  in 
the  year  eighteen  hundred  and  seventy-five,  col- 
lecting as  near  as  possible  equal  amounts  from 
dockage  and  wharfage.  When  such  modification 
has  been  made,  the  collection  of  tolls  must  be 
abolished,  and  the  toll  collectors  discharged.  The 
commissionei'S  shall  construct  such  number  of 
wharves  as  the  wants  of  commerce  shall  require, 
and  shall  locate  such  wharves  at  such  points  and 
upon  such  lines  as  the  board  may  deem  most  suit- 
able for  the  best  interest  of  commerce,  and  shall 
repair  and  maintain  all  the  wharves,  piers,  quays, 
landings,  and  thoroughfares  the  wants  of  com- 
merce may  require,  and  generally  to  erect  all  such 
improvements  as  may  be  necessary  for  the  safe 
landing,  loading,  and  imloading,  and  protection  of 
all  classes  of  merchandise,  and  for  the  safety  and 
convenience  of  passengers  passing  into  and  out  of 
the  city  and  county  of  San  Francisco  by  water. 
And  for  the  purpose  of  repairing  said  wharves, 
piers,  quays,  and  landings,  the  commissioners  are 
hereby  autliorized  and  empowered  to  purchase  or 
construct  ijile-drivers  and  the  necessary  macbinei-y 
TO  be  used  therewith,  and  employ  men  for  operat- 
ing the  same.  But  no  wharf  shall  be  extended 
into  the  bay  more  than  six  hundred  feet  beyond 
the  inside  line,  or  line  nearest  the  shore  of  the 
city  and  county  of  San  Francisco,  described  in 
this  article,  or  more  than  six  hundred  feet  beyond 
the  permanent  water-front  line  when  established 
under  the  provisions  of  this  article,  nor  shall  any 
such  wharf  be  constructed  upon  such  place  or  line 
as  will  cause  any  slip  or  dock  to  be  less  than  one 
liundred  and  thirty-six  feet  Avide  at  the  most  nar- 
row point  between  the  wharves.  When  they  de- 
termine that  a  new  wharf  shall  be  erected,  or  any 
other  necessary  improvement  constructed  or  re- 
pairs made,  or'  dredging  machines,  pile-drivers, 
scows,  steam  tugs,  and  any  necessary  machinery, 
the  cost  of  which  shall  exceed  three  thousand  dol- 
lars, they  shall  advertise  for  sealed  proposals,  for 
a  period  not  less  than  ten  days,  in  one  or  more  of 
the  daily  newspapers  in  the  city  and  county  of  San 


503  Harbor  Commissioners.  §  2524 

Francisco.  Every  proposal  shall  be  accompanied 
by  a  certified  check  for  an  amount  equal  to  five 
per  cent  of  the  amount  of  such  proposal;  such 
check  to  be  made  payable  to  the  order  of  the  sec- 
retary of  said  Board,  conditioned  if  the  proposal 
is  accepted  and  the  contract  awarded,  and  if  the 
bidder  shall  fail  or  neglect  to  execute  the  contract 
and  give  the  bond  required  Avithin  six  days  after 
the  award  is  made,  in  that  case  said  sum  mention- 
ed in  said  check  shall  be  paid  into  the  State  treas- 
ury by  said  secretary  as  liquidated  damages  for 
such  failure  and  neglect,  as  a  portion  of  the  San 
Francisco  Harbor  improvement  fund.  Such  ad- 
vertisement shall  contain  a  general  description  of 
the  work  to  be  done,  the  material  to  be  used,  the 
place  where  to  be  used,  and  must  refer  to  specifica- 
tions, which  must  contain  a  full  and  accurate  de- 
scription of  the  worii  to  be  performed,  the  mater- 
ial to  be  used,  and  where  to  be  used;  whieh  speci- 
fications shall  be  kept  in  the  office  of  the  secretary 
of  the  board  in  such  manner  that  all  persons  may 
inspect  the  same  during  the  usual  business  hours 
of  all  daj'S  except  Sundays  and  holidays.  On  a 
day  named  in  the  advertisement,  the  commission- 
ers shall  open  the  bids  in  the  presence  of  such  bid- 
ders as  are  present;  and  award  the  contract  to 
the  lowest  bidder  who  shall  furnish  sufficient  sure- 
ties to  guarantee  the  performance  of  the  work. 
If,  in  the  opinion  of  the  commissioners,  the  bids 
are  too  high,  they  may  reject  them,  and  advertise 
anew  in  lil^e  manner  as  before.  If,  in  the  opinion 
of  tlie  Commissioners  the  second  bids  are  too  high, 
they  may  reject  them  likewise,  and  enter  into  con- 
tract with  responsible  parties  without  giving  fur- 
ther notice.  Any  contract  entered  into  without 
giving  public  notice  and  receiving  bids,  must  be  at 
least  ten  per  cent  lower  than  the  lowest  rejected 
bid.  The  board  may  construct  such  harbor  em- 
bankment or  seawall  as  shall  be  necessary  to  pro- 
tect the  harbor  of  San  Francisco,  and  dredge  such 
number  of  slips  and  docks  as  the  commerce  of  the 
port  of  San  Francisco  may  require,  to  a  depth  that 
will  admit  of  the  easy  and  free  ingress  and  egress 
of  all  classes  of  watercraft  that  load  and  dis- 
charge cargoes  at  the  wharves,  piers,  quays,  land- 
ings, and  thoroughfares  in  tlie  harbor  of  San  Fran- 
cisco; to  perform  which  dredging,  the  board  of 
State  harbor  commissioners  are  hereby  authorized 
and  empowered  to  purchase  or  construct  dredging 


§  2524  Harbor  Commissioners.  504 

machines,  scows,  steam  tugs,  and  tlie  necessary 
macliinery,  and  employ  men  for  operating  tlie 
same.  Wlieu  any  portion  of  tlie  premises  de- 
scribed in  this  article  shall  be  dredged,  the  sand, 
mud,  or  other  substance  shall  be  deposited  in  a 
place  designated  by  the  Board,  in  not  less  than  fif- 
teen fatlioms  of  water.  All  classes  of  watercraft 
that  uses  or  makes  fast  to  any  wharf,  pier,  quay, 
landing,  or  thoroughfare,  and  lands  upon  or 
loads  therefrom  any  goods,  wares,  or  merchandise, 
shall  be  liable  and  must  pay  to  the  commissioners 
such  rates  of  dockage  as  shall  be  fixed  by  author- 
ity of  this  article;  and  all  such  watercraft  as  shall 
discharge  or  receive  any  goods,  wares,  or  mer- 
chandise, while  moored  in  any  slip,  dock,  or 
basin  within  the  jurisdiction  of  the  commissioners, 
shall  pay  one-half  the  regular  rates  of  dockage. 
Any  waterci-aft  that  shali  leave  any  wharf,  pier, 
quay,  landing,  thoroughfare,  slip,  dock,  or  basin, 
unless  forced  to  do  so  by  stress  of  weather,  with- 
out first  paying  the  dockage  due  from  such  vessel, 
shall  be  liable  to  pay  double  the  regular  rates. 
The  charge  for  wharfage  and  tolls  shall  be  a  lien 
upon  all  goods,  wares,  aud  merchandise  landed  up- 
on any  of  the  wharves,  piers,  quays,  landings,  or 
thoroughfares  upon  the  premises  described  in  this 
article;  and  the  commissioners,  their  agents  or  les- 
sees, may  liold  ]Kissession  of  any  such  goods, 
wares,  or  mereliandise  so  landed  as  afore- 
said, to  seciu'e  tlie  payment  of  such  wharf- 
age and  tolls;  and  for  the  purpose  of  such  lien 
are  deemed  to  have  possession  of  such  goods, 
wares,  and  merchandise  so  landed,  until  such 
charges  for  wharfage  and  tolls  are  paid.  The 
commissioners  shall  have  power  to  make  reason- 
able rules  and  regulations  eonceruing  the  control 
and  management  of  the  property  of  the  State 
which  is  intrusted  to  them  by  virtue  of  this  ar- 
ticle; and  said  commissioners  are  hereby  authoriz- 
ed and  required  to  make,  without  delay  and  from 
time  to  time,  and  publish  not  less  than  thirty  days 
in  a  daily  newspaper  of  general  circulation,  pub- 
lished in  the  city  and  county  of  San  Fi'ancisco.  all 
needful  rules  and  regulations,  not  inconsistent 
with  the  laws  of  the  State  or  of  the  United  States, 
in  relation  to  the  moving  and  anchoring  of  vessels 
in  said  harbor,  providing  and  maintaining  free, 
open,  and  unobstructed  passageways  for  steam 
f  err  J  boats  and  other  steamers  navigating  the  wa- 


505  Harbor  Commissioners.  §  2524 

ters  of  tlie  bay  of  San  Francisco,  and  the  fresh 
water  tributaries  of  said  bay,  so  that  such  steam- 
ers can  conveniently  make  their  trips  without  im- 
pediment from  vessels  at  anchor  or  other  obstacles. 
And  said  commissioners  may  also  make  all  needful 
rules  and  regulations  ,2:overnin,2:  the  removal  of 
such  vessels  from  the  wharves  and  other  landings, 
and  from  slips  and  docks,  as  are  not  engaged  in 
receiving  or  discharging  cargo,  prescribing  the 
time  during  which  goods,  wares,  and  merchan- 
dise, landed  upon  any  wharf,  pier,  quay,  landing 
or  thoroughfare,  shall  be  permitted  to  remain 
thereon,  and  may  divide  the  same  into  several 
classes,  and  may,  by  such  rules  and  regulations, 
provide  that  in  case  any  such  goods,  wares,  or 
merchandise  remain  upon  any  wharf,  pier,  quay, 
landing,  or  thoroughfare,  beyond  the  term  so  pre- 
scribed, the  respective  wharfinger  may,  under  the 
order  of  the  commissioners,  remove  and  deposit 
the  same  in  a  suitable  place,  at  the  charge,  risk, 
and  expense  of  the  owner  thereof.  When  any 
goods,  wares,  or  merchandise  shall  have  remained 
upon  any  wharf,  pier,  quay,  landing,  or  thorough- 
fare more  than  twenty-four  hours,  the  commis- 
sioners may,  in  their  discretion,  charge  such  addi- 
tional rates  for  each  subsequent  day  as  in  their 
opinion  is  just  and  equitable.  The  commissioners 
may,  in  their  discretion,  set  apart  and  assign  for 
the  exclusive  use  of  the  watercraft  used  by  the 
officers  of  the  Federal  government  such  conven- 
ient and  safe  landings  as  such  officers  may  require, 
together  with  suitable  premises  near  such  land- 
ings as  may  be  set  apart  and  assigned  for  their 
use.  upon  which  premises  such  officers  may  cause 
to  be  erected  offices  and  storehouses  to  suit  their 
convenience;  and  the  commissioners  shall  charge 
a  reasonable  compensation  per  month  for  the  use 
•of  such  landings,  and  office  and  storehouse  prem- 
ises: set  apart  and  assign  a  suitable  and  proper 
locality  for  the  use  of  the  harbor  police  of  the  city 
and  county  of  San  Francisco;  and  also  a  suitable 
place  for  a  boat  house  station,  for  the  exclusive 
use  of  quarantine  and  health  officers  of  said  city 
and  county,  without  compensation;  set  apart  and 
assign  for  the  exclusive  use  of  steam  ferryboats 
suitable  slips,  in  whicli  such  structures  niay  be 
erected  as  will  secure  the  safe  and  convenient 
landing  of  passengers,  and  safe  landing  and  de- 
Pol.  Code— 43. 


§  2524  Harbor  Commissioners.  506 

livery  of  freight;  set  apart  and  assign  suitable 
wharves,  berths,  or  landings  for  the  exclusive  use 
of  vessels;  to  construct  suitable  sheds,  gates,  and 
other  temporary  structures  as  may  be  necessary 
for  the  safe  and  convenient  landing  of  passengers, 
and  safe  landing  and  delivery  of  freight;  and  set 
apart  and  assign  for  the  sole  and  exclusive  use  of 
the  fishermen  of  the  city  and  county  of  San  Fran- 
cisco such  place  or  places  as  the  said  commission- 
ers shall  deem  proper,  sufficient,  and  adapted  for 
the  requirements  and  necessities  of  said  fishermen; 
provided,  the  premises  so  set  apart  by  said  com- 
missioners shall  be  used  only  for  the  legitimate 
business  of  said  fishermen,  and  for  no  other  pur- 
pose; and  provided,  said  commissioners  shall  not 
charge  therefor  more  than  the  following  rates: 
For  boats  over  tweutj'-two  feet  and  under  forty 
feet  long,  one  dollar  per  weeli;  for  boats  from  six- 
teen to  twenty-two  feet  long,  seventy-five  cents 
per  week:  and  for  all  boats  less  than  sixteen  feet 
long,  twenty-five  cents  per  Aveelv.  The  Commis- 
sioners may  assign  suitable  places  for  the  landing 
of  horses,  cattle,  sheep,  and  swine:  and  when  such 
places  have  been  assigned,  it  shall  be  a  misde- 
meanor for  a  commander  of  any  watercraft  to 
land  any  greater  number  than  ten  at  any  one  time 
from  any  watercraft  at  any  other  place.  The 
Commissioners  may  set  apart  for  the  uses  and 
purposes  of  dry  doelis  and  marine  railways  such 
portions  of  the  waterfront  northwesterly  of  the 
northerly  end  of  Kearny  Street,  and  southerly  of 
the  easterly  end  of  Solano  Street,  as  the  wants  of 
commerce  may  require;  and  lease  the  same  for  a 
period  not  to  exceed  ten  years.  When  the  Com- 
missioners lease  premises  for  marine  railways  and 
dry  dock  purposes,  as  provided  in  this  section,  they 
shall  advertise  for  sealed  proposals,  for  a  period 
of  not  less  than  ten  nor  more  tnan  twenty  days, 
in  one  of  the  daily  newspapers  of  the  largest  cir- 
culation, printed  in  the  City  and  County  of  San 
Francisco,  whicli  advertisement  shall  contain  a 
description  of  the  premises  to  be  leased.  On  the 
day  named  in  the  advertisement  the  Commission- 
ers shall  open  the  bids  in  the  presence  of  such  of 
the  bidders  as  are  present  and  award  the  premises 
to  be  leased  to  the  highest  responsible  bidder  that 
shall  furnish  suflicieut  sui'eties  to  guarantee  the 
payment  of  the  rent,  and  may  negotiate  for  and 
accept  and  cancel  any  lease  of  any  portion  of  the 


507  Hai-bor  Commissioners.  §  2524 

premises  described  in  this  article,  and  pay  a  rea- 
sonable compensation  for  any  structures  upon  any 
sncli  leased  premises,  as,  in  the  opinion  of  the 
Board  and  Engineer,  may  be  used  for  such  com- 
mercial purposes  as  this  article  is  intended  to  pro- 
mote. No  person  or  company  shall,  without  the 
consent  of  the  Board  of  State  Harbor  Commis- 
sioners, land  or  remove  any  goods,  wares,  or  mer- 
chandise, or  other  thing,  upon  or  from  any  wharf, 
pier,  quay,  lauding,  or  thoroughfai'e  situated  up- 
on the  premises  described  in  this  article,  unless 
authorized  to  do  so  by  virtue  of  valid  lease;  nor 
shall  any  person  collect  docliage,  wharfage,  cran- 
age, or  toll  witliin  the  boundaries  of  the  premises 
described  in  this  article,  except  by  virtue  of  valid 
leases,  without  first  obtaiaing  permission  to  do 
so  from  said  Commissioners;  nor  shall  any  person 
or  company  place,  or  cause  to  be  placed,  any  ob- 
structions in  that  portion  of  the  Bay  of  San  Fran- 
cisco described  in  this  article,  nor  upon  any 
wharf,  pier,  quay,  landing,  or  thorouglifare,  with- 
out tlie  consent  of  the  Board.  Whenever  any 
wharf,  pier,  quay,  landing,  or  thoroughfare  in  the 
harbor  of  San  Francisco  shall  be  encumbered,  or 
their  free  use  interfered  with,  by  goods,  wares, 
merchandise,  or  other  substance,  whether  loose 
or  built  upon,  or  fixed  to  any  such  wharf,  pier, 
quay,  landing,  or  thoroughfare,  it  shall  be  the 
duty  of  the  commissioners  to  notify  in  writing 
(which  notice  may  be  served  by  a  Wharfinger  or 
the  Secretary  or  Assistant  Secretary  of  the 
Board),  the  owner,  agent,  or  occupant,  or  person 
placing  or  Iceeping  such  obstructions  thereon,  to  re- 
move tlie  same  within  twenty-four  hours  after  the 
serving  of  such  notice;  and  in  case  of  failure  to 
comply  witli  such  notice,  and  remove  such  ob- 
structions, the  owner,  agent,  occupant,  or  per- 
son notified,  shall  be  liable  to  pay  the  Commis- 
sioners the  sum  of  twenty-five  dollars  for  each 
and  every  day  during  whicli  sucli  obstructions 
shall  remain  upon  any  such  wharf,  pier,  quay, 
landing,  or  thoroughfare;  and  the  Commissioners 
shall  have  power,  in  their  discretion,  to  remove 
any  such  encumbering  substance,  and  store  the 
same  in  any  suitable,  convenient  and  safe  place, 
and  a  sum  equal  to  tlie  amount  of  the  exiieuses  of 
the  removal,  together  with  all  other  necessary 
charges,  shall  be  paid  by  the  owner  of  such  en- 
cumbering substance  to  the  Commissioners,  and 


§  2525  Harbor  Commissioners.  508 

such  sum  and  necessary  charges  shall  be  a  lien 
on  such  substance  until  paid.  The  rates  of  docli- 
age,  wharfage,  and  tolls  shall  not  exceed  those 
established  by  the  Board  of  State  Harbor  Commis- 
sioners, July  hrst,  eighteen  hundred  and  seventy- 
four,  and  docliage  shall  not  be  collected  on  any 
vessel  lying  at  anchor  outside  of  dock,  wharf, 
or  slip.  '   [Approved  March  21,   1887.] 

Act  relating  to  ferry  depot:  See  General  Laws, 
title  "P'erry  Depot." 

Various  acts  relating  to  harbor  commissioners: 
See  post.  Appendix,  p.  1035,  et  seq. 

§  2525.  The  Board  of  State  Harbor  Commis- 
sioners are  authorized  to  extend  any  of  the  streets 
lying  along  the  water  front  of  said  city  and  coun- 
ty, to  a  width  not  exceeding  one  hundred  and 
fifty  feet,  where  they  have  not  been  already  so 
extended.  The  outer  half  of  such  streets  must  be 
constructed  or  built  and  maintained  in  good  re- 
pair by  the  State  Harbor  Commissioners,  or  par- 
ties holding  under  them,  and  may  be  used  as  a 
landing  place  or  pier,  on  which  dockage,  wharf- 
age, and  tolls  may  be  collected.  And  until  such 
extensions  are  made,  the  Commissioners  may 
have  and  use  as  a  landing  place,  with  full  power 
to  collect  dockage,  wharfage,  and  tolls  thereon, 
so  much  of  the  streets  now  fronting  upon  the 
water  front  as  may  be  used  for  such  purpose 
without  obstructing  the  same  as  a  thoroughfare. 
The  inner  half  of  such  streets  shall  be  construct- 
ed and  maintained  in  good  repair  by  the  owners 
of  the  lots  abutting  thereon,  and  the  City  and 
County  of  San  Francisco.  The  Commissioners 
are  authorized  to  construct,  across  the  outer  half 
of  said  streets,  an  extension  of  the  sewers  of  the 
said  city  and  coimty.  If  it  be  necessary  to  take  any 
land  for  the  purpose  of  widening  any  such  street, 
the  Commissioners  are  hereby  aiithorized  to  insti- 
tute and  prosecute  to  final  determination,  proceed- 
ings therefor,  in  conformitv  with  the  provisions  of 
Part  Third,  Title  Seven,  of  the  Code  of  Civil  Pro- 
cedure, and  to  pay  sucli  compensation  as  may 
be  assessed  for  such  land  taken.  When  it  becomes 
necessary  for  tlie  Commissioners  to  construct  any 
wharves  on  the  line  of  the  water  front,  they  are 
authorized  to  adont  and  pay  for  any  structures 
which  would  form  part  of  '  such  wharves,     and 


509  Harbor  Commissioners.  §§  2526-2528 

which  have  been  constructed  along  such  line  by 
private  parties,  prior  to  the  passage  of  this  act, 
[Amendment  approved  April  3,  1876;  Amend- 
ments 1875-6,  p.  51.     In  effect  April  3,  1876.] 

East  street — in  San  Francisco  made  a  thorough- 
fare: See  Stats.  1878,  p.  263. 

North  Beach  water  front— for  landing  merchan- 
dise: Stats.  1880,  p.  31  or  10. 

§  2526.  No  greater  amount  of  money  shall,  in 
the  main,  ever  be  collected  by  the  collection  of 
dockage,  wliarfage,  tolls,  rents,  and  cranage,  than 
shall  be  necessary  to  construct  and  Iceep  in  repair 
such  number  of  wharves,  piers,  landings,  and 
thoroughfares,  construct  sheds,  dredge  such  num- 
ber of  slips  and  docks,  construct  a  sea-wall  and 
harbor  eubankment.  and  pay  incidental  expenses 
allowed  to  be  paid  by  this  article.  [Amendment 
approved  February  28.  1876;  Amendments  1875-6, 
p.  32.     In  effect  February  28,  1876.] 

§  2527.  No  contract  or  obligation  entered  into 
by  the  Harbor  Commissioners,  which  creates  a 
liability  or  authorizes  the  payment  of  money, 
shall  be  valid,  or  of  binding  force,  unless  signed 
by  all  three  of  the  Commissioners  and  counter- 
signed by  the  Secretary  of  the  Board;  nor  shall 
any  contract  involving  the  payment  of  money  be 
made  by  the  said  Commissioners,  unless  the 
amount  then  to  the  credit  of  the  Harbor  Improve- 
ment Fund,  together  witli  the  revenue  estimated 
to  accrue  up  to  the  time  of  the  maturity  of  such 
contract,  over  and  above  the  current  expenses  of 
the  commission,  be  sufficient  to  meet  the  pay- 
ments to  become  due  thereon;  provided,  such  es- 
timate of  revenue  shall  be  limited  as  to  time  to 
one  year,  and  as  to  amount,  to  the  amount  of  rev- 
enue of  the  preceding  year.  [Amendment  ap- 
proved March  19,  1878;  Amendments  1877-8,  p.  48. 
In  effect  March  10,  1878.] 

San  Francisco  Harbor  Improvement  Fund— sec. 
2533. 

Certain  claims— authorized  to  be  adjusted  and 
paid:  Stats.  1874,  p.  664. 

§  2528.  All  moneys  collected  shall  be  paid  into 
the  State  Treasury,  and  be  credited  to  the  San 
Francisco  Harbor  Improvement  Fund,  at     least 


§  2529  Harbor  Commissioners.  510 

once  in  eacti  month,  except  so  mucli  thereof  as 
may  be  necessary  to  pay  the  salaries  of  officers, 
ottice  rent,  cost  of  office  furniture,  books,  station- 
ery, lights,  fuel,  expense  of  dredging,  expense  of 
pile  driving  and  iMIes,  expense  of  preserving  piles 
and  timber,  cleaning  the  wharves  and  bulkheads, 
legal  and  other  incidental  expenses,  and  in  addi- 
tion six  thousand  dollars  per  month  for  urgent 
repairs,  which  last  sum,  if  so  much  be  required, 
may  be  used  in  repairing  tlie  wharves,  piers,  land- 
ings, thoroughfares,  sheds,  and  other  structures, 
and  the  streets  boimding  on  the  water  front  under 
the  jurisdiction  of  the  Board  without  advertise- 
ment for  proposals  therefor.  Such  moneys  may 
be  remitted  to  the  State  Treasurer  by  express. 
[Approved  March  19,  1889.] 

San  Francisco  Harbor  Improvement  Fund,  sec. 
2533. 

Moneys  in  hands  of  State  Treasurer,  disposition 
and  account  of,  sec.  25-35. 

See  an  act  approved  March  7,  1883,  authorizing 
the  State  Board  of  Harbor  Commissioners  to  pay 
Daniel  INIcNeil  his  claim  for  tlae  destruction  of  his 
wharf,  not  to  exceed  four  thousand  three  hundred 
and  fifty  dollars:  Stats.  1883,  48. 

§  2529.  The  Commissioners  shall  take  vouch- 
ers for  all  sums  of  money  by  them  expended  un- 
der the  authority  of  this  article,  excepting  fifty 
dollars  per  month  for  postage  stamps,  express, 
and  other  incidental  expenses,  and  safely  keep  the 
same  on  file  in  the  office  of  the  Board.  For  all 
sums  of  money  paid  by  the  Commissioners,  ex- 
cepting those  mentioned  in  section  twenty-five 
hundred  and  twenty-eight,  drafts  shall  be  drawn 
t)y  them  on  the  Controller  of  State,  countersigned 
by  the  Secretary  of  the  Board,  and  the  Controller 
of  State  shall  draw  his  warrant  on  the  State 
Treasurer,  who  shall  pay  the  same  out  of  any 
money  in  said  treasury  credited  to  the  San  Fran- 
cisco Plarbor  Improvement  Fund.  No  warrant 
shall  be  drawn  by  the  Controller  upon  the  Treas- 
urer of  the  State,  as  provided  in  tliis  section,  un- 
less the  order  bears  the  signatures  of  all  three 
Commissioners,  and  of  the  Secretary  of  the 
board.  fAmendment  approved  February  28.  1876; 
Amendments  1875-6,  p.  32.  In  effect  February  28, 
1876.] 

Harbor  Improvement   Fund   of   San   Francisco:  I 
Sec.  2533.  I 


511  Harbor  Commissiouers.   §§  2530-2532 

Signatures  of  all  three  Commissiouers,  and  of 
Secretary,  requisite:  Sec.  2527,  and  note. 

Treasurer  of  State,  duties  as  to  moneys:  Sec. 
2535. 

§  2530.  On  the  payment  to  the  State  Treasui'er 
of  any  sum  of  money,  the  Secretary  and  the  State 
Treasurer  must  report  to  the  State  Controller  the 
amount  so  paid,  and  tlie  Treasurer  must 
give  to  the  Secretary  a  receipt  for  the 
same.  Such  payments  shall  be  considered  as 
payments  into  the  State  Treasury,  and  the  Treas- 
urer shall  be  responsible  on  his  official  bond 
therefor.      [Approved  March  21,  1887.] 

Before  amendment  of  1883,  section  provided  that 
Commissioners  should  report  to  State  Controller 
the  amount  of  money  paid -into  the  treasury  by 
them  during  each  month. 

Report  of  Commissioners  to  State  Controller  was 
also  required,  before  section  amended  in  1883,  to 
contain  the  amount  received  and  disbursed  by  the 
Board  every  three  months,  and  during  the  period 
for  which  such  report  is  made. 

Report  of  Commissioners  to  Governor:  Sec.  2537. 

State  Treasurer's  duties  as  to  disposition  and  ac- 
count of  money  under  his  control:  Sec.  2535. 

§  2531.  The  Governor  of  the  State  and  the 
Mayor  of  the  City  and  County  of  San  Francisco 
are  hereby  made  ex-officio  additional  members  of 
of  the  Board  of  State  Harbor  Commissioners,  for 
the  special  purposes  herein  mentioned,  aud  shall 
take  part  in  the  action  of  the  Board  as  lierein- 
after  provided.  [Amendment  approved  Februaiy 
28,  187G;  Amendments  1875-6,  p.  32.  In  effect  Feb- 
ruary 28,  187G.] 

Ex-officio  members,  to  participate  in  proceedings 
on  report  as  to  new  seawall:  Sec.  2.j32. 

§  2532.  The  Board  of  State  Harbor  Commis- 
sioners are  hereby  autliorized  and  empowex'ed  and 
directed,  within  six  months  from  and  after  the 
passage  of  this  Act,  to  employ  two  consulting  civil 
engineers,  to  act  in  concert  with  the  engineers 
of  the  Board,  to  malve  a  survey,  select  and  locate 
a  new  line  for  a  harbor  eml^anlvment  or  sea-wall, 
and  make  a  report  of  their  doings  to  said  Commis- 
sioners, who  .shall,  after  receiving  the  same,  ap- 
point a  time  for  holding,  at  the  office  of  tlie  Board, 


§  2533  Harbor  Commissioners.  512 

a  special  meeting  of  the  Board  to  consider  tlie 
question  of  the  adoption  or  rejection  of  the  same. 
The  Board  shall,  at  least  ten  days  previous  to 
said  meeting,  notify  the  Governor  of  the  State 
and  the  Mayor  of  the  City  and  County  of  San 
Francisco  of  the  time,  place,  and  object  of  said 
meeting  of  said  Board,  and  shall  request  them  to 
be  present  and  take  part  in  the  consideration  of 
the  question;  and  at  said  meeting  or  any  adjourn- 
ed meeting  thereof,  the  Governor  and  Mayor 
shall  be  deemed  additional  members  of  said  Board, 
with  like  powers  and  rights  as  the  other  mem- 
bers thereof.  If  they  are  not  present  at  the  meet- 
ing, the  Board  shall  adjourn  to  a  day  certain,  and 
notify  them  anew,  as  before;  and  if  either  be 
present  at  the  adjourned  meeting,  with  three  Com- 
missioners, action  may  be  had,  and  an  aflirmative 
vote  of  all  four  present  shall  determine  the  ques- 
tion; any  less  vote  shall  be  a  negative  vote.  But 
the  board  may  order  new  surveys  and  locations, 
which  may  be  adopted  or  rejected  in  like  manner 
as  before.  If  the  vote  is  in  the  affirmative,  the 
line  adopted  shall  be  thenceforth  the  line  of  tlie 
harbor  embankment  and  sea-wall  of  the  Port  of 
San  Francisco.  [Amendment  approved  Feb.  28, 
1876;  Amendments  1875-6,  p.  32.  In  effect  Febru- 
ary 28,  1876.] 

Engineers  of  the  Board:  See  sec.  2522. 

Line  of  the  harbor  embankment  and  sea  wall — 
of  the  port  of  San  Francisco  fixed  by  Stats.  1878, 
p.  263. 

Sea  wall  declared  a  public  use:  Stats.  1878,  p. 
263, 

§  2533.  On  and  after  the  passage  of  this  act, 
the  treasurer  of  the  State  shall  keep  the  money  re- 
mitted to  him  by  the  Board  of  State  Harbor  Com- 
missioners, to  the  credit  of  a  fund  to  be  known  as 
the  San  Francisco  Harbor  Improvement  Fund; 
all  moneys  in  the  State  Treasury  to  the  credit  of 
the  State  Wharf  and  Dock  Fund  shall  be  transfer- 
red by  the  State  Treasurer  to  the  San  Francisco 
Harbor  Improvement  Fund,  and  the  State  Wharf 
and  Dock  Fund  account  shall  be  closed,  and  the 
State  Treasurer  shall  notify  the  Board  of  such 
transfer,  after  which  all  drafts  drawn  by  the 
Board  shall  be  paid  by  the  Treasurer  out  of  the 
San  Francisco  Harbor  Improvement  Fund. 
[Amendment  approved  Feb.     28,   1876;     Amend- 


513  Harbor  Comruissioners.  §§  2534-2430 

ments  1875-6,  p.  32,    In  effect  February  28,  1876.] 
San  Francisco  Harbor  Improvement  Fund— Spe- 
cial references  to:  Sees.  2527,  2528,  2529,  2535. 

Transfer  of  San  I'rancisco  Harbor  Protection 
Fund— to  Harbor  Improvement  Fund,  directed  by 
Stats.  1876,  p.  761. 

§  2534.  [Section  two  thousand  five  lumdred 
and  thirty-four  of  the  Political  Code,  limiting  the 
amount  which  might  be  paid  for  the  collecting  of 
docliage,  wharfage,  and  tolls,  and  excepting  Mar- 
liet.  Mission,  and  Howard  Street  wharves,  was  re- 
pealed by  Act  of  March  7,  1883,  which  took  effect 
immediately.] 

Dockage,  wharfage,  tolls,  etc..  Mode  of  enforce- 
iug  charge  for  wharfage  and  tolls,  Stats.  1878,  p. 
263.  Fine  for  departure  of  vessel  without  paying 
dockage.  Stats.  1878.  p.  263.  Wharfage  on  mer- 
chandise, Stats.  1880,  p.  31  or  10. 

§  2535.  The  State  Treasurer  shall  receive  all 
moneys  paid  by  the  State  Harbor  Commissioners, 
and  keep  the  same  in  a  separate  fund  to  be  known 
as  the  San  Francisco  Harbor  Improvement  Fund, 
and  pay  the  same  out  as  provided  for  in  this  arti- 
cle, and  shall  keep  an  accurate  account  of  all 
moneys  received  by  him  and  paid  out  under  the 
authority  of  this  article,  in  books  kept  solely 
for  that  purpose;  which  said  books  shall  be  open 
at  all  times  to  the  inspection  of  the  Governor  and 
C'ontroller  of  State,  and  of  any  committee  ap- 
pointed by  the  Legislature,  or  by  either  branch 
thereof.  [Amendment  approved  Feb.  28,  1876; 
Amendments  1875-6,  p.  .32.  In  effect  February  28, 
1876.  J 

§  2536.  When  the  Commissioners  determine  to 
Construct  any  part  of  the  sea-wall,  they  must  ad- 
vertise for  sealed  proposals  for  not  less  than  thir- 
ty days,  in  not  less  than  two  daily  papers  in  San 
Francisco.  The  advertisement  must  give  a  full 
and  accurate  description  of  the  work  to  be  done, 
the  place  where  to  be  done,  and  the  material  to 
be  used.  On  the  day  stated  in  the  advert IscMuent, 
the  bids  must  be  opened  in  the  presence  of  such 
bidders  as  are  present,  and  the  contract  award- 
ed to  the  lowest  biddei",  who  shall  give  a  bond, 
with  two  or  more  responsible  sureties,  to  be  ap- 
proved by  the  Commissioners,  for  the  due  per- 
formance of  the  work.     Their  approval  must  be 


§  2536  Harbor  Commissioners.  534 

indorsed  on  said  bond.  If,  in  the  opinion  of  the 
Commissioners,  the  bids  are  too  high,  they  shall 
reject  them  and  advertise  anew,  in  like  manner  as 
before.  And  if,  in  the  opinion  of  the  Commis- 
sioners, the  second  bids  are  also  too  high,  they 
shall  reject  them  liliewise,  and  may  enter  into  a 
contract  with  responsible  parties  without  giving 
fuither  notice.  The  parties  entering  into  a  pri- 
vate contract  with  the  Commissioners  must  give 
a  bond,  with  two  or  more  responsible  persons  as 
sureties,  to  be  approved  by  the  Commissioners, 
which  approval  sliall  be  by  writing  indorsed  upon 
said  bond,  conditioned  for  the  faithful  perform- 
ance of  the  contract.  But  the  consideration  agreed 
to  be  paid  in  any  contract  entered  into  without 
giving  public  notice,  must  be  five  per  cent,  lower 
than  the  lowest  responsible  bid  rejected.  The 
work  to  be  performed  under  any.  one  contract 
shall  not  exceed  one  thousand  lineal  feet  of  har- 
bor embankment  or  sea-wall.  Riit  the  Commis- 
sioners may  enter  into  as  many  contracts  at  the 
same  time  as  they  deem  expedient,  provided  the 
amount  in  the  Harbor  Improvement  Fund,  togeth- 
er with  the  revenue  estimated  to  accrue  pursuant 
to  section  two  thousand  five  hundred  and  twenty- 
seveu  of  the  Political  Code  shall  be  sufficient  to 
meet  the  contract  price  of  such  work,  after  de- 
ducting the  current  expenses  of  the  Commission 
and  the  amount  required  for  the  erection  and  re- 
pair of  the  wharves,  dredging  the  docks  and  slips, 
and  for  incidental  expenses;  but  in  no  event  shall 
the  State  be  liable  on  such  contracts  for  any  de- 
ficiency in  the  Harbor  Improvement  Fund.  Sep- 
arate contracts  may  be  entered  into  for  the  dredg- 
ing of  a  channel  for  the  i*eception  of  the  rock  re- 
quired for  the  construction  of  a  harbor  embank- 
ment; provided,  that  the  advertising  of  sealed  pro- 
posals, the  receiving  and  opening  of  bids,  and  the 
awarding  of  contracts  required  in  this  section, 
shall  be  complied  with  in  the  letting  of  such  work 
in  separate  contracts.  The  Commissioners  may, 
if  in  their  opinion  it  will  be  more  economical, 
dredge,  with  the  dredge  belonging  to  the  State, 
the  channel  necessary  for  the  reception  of  the 
stone  used  in  the  construction  of  the  sea-wall. 
No  contractor  Avho  enters  into  a  contract  to  con- 
struct any  portion  of  said  sea-wall  shall  be  re- 
quired to  commence  the  Avork  in  less  than  thirty 
davs   after  the   awarding   of   the   contract.     The 


515  Harbor  Commissioners.  §  2537 

Board  shall,  at  least  ten  days  previous  to  the 
holding  of  any  meeting,  as  provided  in  this  sec- 
tion, notify  the  Governor  of  the  State,  and  Mayor 
of  the  City  and  County  of  San  Francisco,  of  the 
time  and  place  and  object  of  the  meeting,  and 
request  Ihem  to  be  present  and  talve  part  therein; 
and  at  said  meeting  the  Governor  and  Mayor 
shall  be  deemed  additional  members  of  said 
Board,  with  lilce  powers  and  rights  as  the  other 
members  thereof;  and  no  contract  shall  be  entered 
into  under  the  authority  of  this  section  without 
the  consent  of  eitlier  the  Governor  or  Mayor. 
Neither  the  Commissioners  nor  their  appointees 
shall  be  interested  in  any  contract  for  the  erection 
or  repairing  of  any  worlc  ui)ou  the  premises  de- 
scribed in  tliis  article.  Any  Commissioner  or  ap- 
pointee who  shall  be  interested  is  guilty  of  a  fel- 
ony. Every  proposal  shall  be  accompanied  by  a 
certified  checl<  for  an  amount  equal  to  five  per 
cent,  of  the  amount  of  such  proposal,  to  be  made 
payable  to  tlie  order  of  the  Secretary  of  the 
Board,  conditioned  that  if  the  proposal  is  accepted 
and  the  contract  awarded,  and  if  tlie  bidder  shall 
fail  or  neglect  to  execute  the  contract  and  give 
the  bond  required  Avithin  six  days  after  the  award 
is  made,  in  that  case  said  sum  mentioned  in  said 
checlv  shall  be  deemed  liqviidated  damages  for  such 
failure  and  neglect,  and  shall  be  paid  into  the  San 
Francisco  Harbor  Improvement  Fund;  and  all 
contracts  made  pursuant  to  this  title  shall  provide, 
under  penalties  of  forfeiture  of  contract,  at  the 
option  of  the  Commissioners,  that  no  Chinese  or 
Mongolian  labor  shall  be  employed  on  the  work. 
fAmendmont  approved  March  10,  1878;  Amend- 
ments 1877-8,  p.  48.     In  effect  March  19,  1878.] 

Action  on  report— of  survey  and  location  of  sea 
wall,  sec.  25.32. 

San  Francisco  Harbor  Improvement  Fund: 
Sec.  2.->.sr:. 

No  Cliiuese  or  Mongolian  labor — to  be  employed 
on  public  work:  Const.  Cal..  1879.  art.  19,  sec.  .3. 

East  street— in  San  Francisco  to  be  constructed 
by  contract,  as  provided  in  tliis  section:  See  Stats. 
1878.  p.  20.3. 

§  2537.  The  Commissioners  shall,  on  or  before 
the  first  day  of  November,  A.  D.  eighteen  hundred 
and  seventy-seven,  and  every  two  years  there- 
after, make  to  the  Governor  a  full  report  of  all 


§  2538,  2539  Harbor  Commissioners.  SIR 

moneys  by  them  received  and  disbursed,  stating, 
specifically,  for  vrhat  the  same  was  received  and 
for  what  pm'pose  expended;  and  shall  give  a  con- 
cise account  of  all  improvements  made,  and  the 
general  condition  of  the  property  under  their 
charge.  [Amendment  approved  Feb.  28,  1876; 
Amendments  1875-C,  p.  32.  In  effect  Februarv 
28,  1876.] 

Report  of  Commissioners— to  Governor,  limit  of 
time  for,  sec.  332;  number  to  be  printed,  sec.  334. 

§  2538.  In  case  the  lines  of  the  water  front  of 
the  City  and  County  of  San  Francisco,  or  the 
lines  of  any  of  the  streets  of  said  city  and  coun- 
ty, ending  at  said  water  line,  shall  be  changed  by 
authority  of  this  article,  the  Commissioners  shall 
cause  to  be  made  two  accurate  maps  of  survey, 
showing  such  change,  which  maps  shall  be  dated, 
certified,  and  signed  by  the  Engineer  of  the  Board 
and  Commissioners,  and  one  filed  in  the  oflice  of 
the  Recorder  of  said  city  and  county,  and  the 
other  in  the  ottice  of  the  Board.  After  being  so 
filed,  they  shall  be  considered  and  treated  as  ofli- 
cial  maps  by  all  the  Courts  of  record  in  the  State. 
[Amendment  approved  Februarv  28,  1876:  Amend- 
ments 1875-6,  p.  32.     In  effect  February  28,  1876.] 

§  2539.  The  Chief  Wharfinger  shall  keep  an 
office  in  some  convenient  place  upon  the  city  front, 
between  Marliet  and  Pacific  streets,  which  shall 
be  kept  open  every  dav  (^Sundays  and  holidays  ex- 
cepted) from  seven  A.  M.  till  6  P.  M.  The  Com- 
missioners shall  furnish  a  suitable  building  for  an 
office,  for  the  exclusive  use  of  said  Chief  Whar- 
finger and  Assistant  Chief  Wharfinger,  with  suit- 
able office  furniture.  It  shall  be  the  duty  of  the 
Chief  Wharfinger  to  execute  and  enforce  the 
rules  and  regulations  which  may  be  established 
by  said  Board  of  State  Harbor  Commissioners  pur- 
suant to  the  provisions  of  this  article.  And  it 
shall  be  the  duty  of  all  pilots,  masters  of  tug- 
boats, masters,  owners,  and  consignees  of  vessels, 
to  obey  all  lawful  orders  and  directions  of  the 
Chief  Wharfinger  in  relation  to  the  stationing, 
anchoring,  and  removing  of  vessels  under  and 
pui'suant  to  such  rules  and  regulations.  The  Chief 
Wharfinger  is  empowered  to  determine  cases  of 
collision,  by  consent  of  all  parties  interested,  and 
where  damages  do  not  exceed  three  hundred  dol- 


517  .Harbor  Commissioners.  §§  2540,2541 

lars  the  decision  is  final.  [Amendment  approved. 
Feb.  28,  1876;  Amendments  1875-G,  p.  32.  In  ef- 
fect February  28,  1876.] 

Refusal  to  obey— Chief  Wharfinger's  instruc- 
tions  is   misdemeanor:    Sec.   2541. 

§  2540.  In  addition  to  the  duties  required  to 
be  performed  by  the  Chief  Wharfinger,  by  any 
section  in  this  article  preceding  this  section,  he 
shall  take  in  charge  all  abandoned  water  craft 
and  all  boats  piclied  up  adrift,  and  secure  the 
same;  after  which  he  shall  advertise,  for  one  week,, 
in  one  of  the  daily  newspapers  printed  in  the 
City  and  County  of  San  Francisco,  giving  the 
full  particulars  pertaining  to  the  same,  and  re- 
quest all  parties  interested  ^:o  appear  and  estab- 
lish their  title  or  claim  thereto,  within  twenty 
days  from  the  last  publication.  If  claimed  within 
said  period,  such  property  shall  be  delivered  to 
the  owner  on  payment  of  all  costs  of  removing, 
securing,  and  advertising  the  same.  If  not  claim- 
ed within  said  period,  or  if  the  owner  fails  to  pay 
the  charges,,  siich  property  shall  be  sold  by  the 
Chief  Wharfinger,  to  the  highest  bidder,  at  pub- 
lic auction,  and  the  proceeds,  less  the  costs,  shall 
be  paid  the  owner,  if  claimed  by  him  or,  if  not 
claimed  by  the  owner,  shall  be  paid  to  the  Board 
of  State  Harbor  Commissioners;  but  the  owner 
shall  be  entitled  to  receive  from  said  Board  the 
amount  so  paid,  if  he  shall  claim  the  same  with- 
in one  year  from  the  date  of  said  payment.  For 
the  purposes  of  this  section,  the  harbor  of  San 
Francisco  shall  be  the  tide  waters  of  the  City 
and  County  of  San  Francisco,  and  the  jurisdiction 
of  tlie  Chief  Wharfinger  shall,  when  performing 
the  duties  required  by  this  section,  be  coextensive 
with  such  tide  waters.  [Amendment  approved 
Feb.  28,  1876;  Amendments  1875-6,  p.  32.  In  ef- 
fect February  28,  1876.] 

Wrecks  and  wreclved  property:     Sees.  2403-2418. 

liOSt  and  unclaimed  property:  Sees.  3136-3157. 

§  2541.  If  any  master,  agent,  or  owner  of  any 
water  craft  sliall  refuse  or  neglect  to  obey  the 
lawful  orders  or  directions  of  the  Cliief  Whar- 
finger in  aii.v  matter  iiertaining  to  the  regula- 
tions of  said  harbor,  or  the  removal  or  stationing 
of  any  water  craft,  such  master,  agent,  or  own- 
.  er,  so' refusing  or  neglecting,  is  guilty  of  a  misde- 
Pol.  Code— 44.  '    ' 


§§  2542-2544  Harbor  Commissiouers.  51 S 

meanor,  and,  upon  conviction  thereof  before  any 
Court  of  competent  jurisdiction,  sliall  be  punislied 
by  a  fine  not  to  exceed  tliree  tiundred  dollars,  or 
by  imprisonment  not  to  exceed  one  hundred 
days  in  the  jail  of  the  City  and  County  of 
San  Francisco.  [Amendment  approved  Feb.  28, 
187G;  Amendments  1875-6,  p.  32.  In  effect  Febru- 
ary 28,  1876.] 

§  2542.  All  persons  are  forbidden  to  deposit, 
or  cause  to  be  deposited,  in  the  waters  of  the  har- 
bor of  San  Francisco,  as  described  in  tlie  pre- 
ceding- sections,  any  substance  that  will  sink  and 
form  an  obstruction  to  navifration,  without  first 
obtaining  permission,  in  writing,  of  the  Board 
of  State  Harbor  Commissioners,  which  permis- 
sion shall  describe,  with  an  ordinary  degree  of 
certainty,  the  place  where  such  deposit  may  be 
made,  and  the  Secretary  of  the  Board  shall  re- 
cord such  permission.  Any  person  violating  the 
prohibition  contained  in  this  section  is  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof  before 
a  Coxu't  of  competent  jurisdiction,  shall  be  fined 
not  less  than  one  hundred  or  more  than  five  hun- 
dred dollars,  or  imprisoned  in  the  jail  of  the  City 
and  County  of  San  Francisco  not  less  than  thirty 
nor  more  tliau  ninety  days:  provided,  that  nothing 
herein  shall  be  construed  to  prevent  or  interfere 
with  the  construction  of  works  now  in  progress 
in  connection  with  the  Oakland  Harbor.  [Amend- 
ment approved  Feb.  28,  1876:  Amendments  1875-6, 
p.  32.     In  effect  February  28.  1876.] 

§  2543.  It  shall  not  be  lawful  for  any  person 
to  drive  a  horse  or  mule,  or  any  vehicle  di'awn 
by  one  or  more  horses  or  mules,  used  in  the  re- 
moval of  merchandise  upon  any  •wharf,  pier,  quay, 
landing,  or  thoroughfare,  faster  tlian  a  walk.  Any 
person  violating  the  prohibition  in  this  section 
contained  is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  in  any  court  of  competent  juris- 
diction shall  be  fined  not  less  than  twenty  dol- 
lars, or  imprisoned  in  the  county  jail  of  the  city 
and  county  of  San  Francisco  not  less  than  ten 
days.  [Amendment,  approved  February  28.  1876; 
Amendments  1875-6,  p.  32.  In  effect  February 
28,  1876.] 

§  2544.  The  police  judge's  court  of  the  city 
and  coimty  of  San  Francisco  shall  have  jiu-isdit^- 


519  Harbor  Commissioners.   §§  2545-2548 

tion  to  try  all  cases  of  misdemeanor  arising  un- 
der this  article.  [Amendment,  approved  Febru- 
ary 28,  187C;  Amendments  1875-6,  p.  32.  In  ef- 
fect February  28,  1876.] 

§  2545.  No  person  shall  be  appointed  to  any  of- 
fice by  virtue  of  this  article,  nor  be  employed  in  the 
service  of  the  board,  unless  he  be  a  qualified  elect- 
or of  the  State,  nor  shall  any  person  be  so  appoint- 
ed or  employed  who  is  interested  in  any  vessel  sail- 
ing or  plying  in  and  out  of  or  on  the  inland  waters 
of  the  bay  of  San  Francisco,  as  owner,  mortgagee, 
or  otherwise,  or  as  a  stockholder  in  any  company 
owning  such  vessels,  or  who  is  a  consignee,  the 
general  or  freight  agent  or  manager  of  any  such 
vessels,  or  agent  or  other  employee  of  the  owner 
of  any  such  vessels,  or  who  is  engaged  in  the  busi- 
ness of  marine  insurance,  or  of  pi'ocuring  such  in- 
surance, or  wlio  is  engaged  as  a  stevedore,  in  load- 
ing and  discharging  such  vessels.  No  person  not 
a  citizen  of  the  United  States  shall  be  employed 
either  as  a  contractor  or  laborer  on  any  work 
done  under  this  article.  And  eight  hours  shall 
constitute  a  legal  day's  work,  whether  performed 
directly  for  the  State  or  for  the  person  or  persons 
receiving  a  contract  under  this  article.  [Ap- 
proved March  21,  1887.] 

§  2546.  All  official  bonds  requii'ed  to  be  given 
by  authority  of  this  article  shall  be  to  the  people 
of  the  State  of  California.  [Amendment,  ap- 
proved February  28,  1876;  Amendments  1875-6,  p. 
.32.    In  effect  February  28,  1876.] 

§  2547.  The  board  of  State  Harbor  Commis- 
sioners shall  procure  and  adopt  a  seal.  [Amend- 
ment, approved  Februarv  28,  1876;  Amendments 
1875-6.  p.  32.    In  effect  February  28,  1876.] 

§  2548.  No  tolls  or  wharfage  shall  be  collected 
from  travelers  going  on  board  or  leaving  any 
steamer  or  ferry,  or  upon  their  carriages  or  bag- 
gage, nor  from  any  pei'son  or  vehicle  employed 
to  transport  or  convey  said  baggage  to  or  from 
any  steamer  or  ferry;  nor  for  empty  packages  re- 
turned to  tlie  wharf  or  any  vessel;  nor  for  domes- 
tic supplies  for  i)rivate  individuals,  intended  for 
consumption  and  not  for  sale,  weighing  less  than 
one  hundred  pounds.  [Amendments  approved 
March  20th,  1878;  Amendments  1877-§.  p.  50.  In  ef- 
fect March  20,  1878.] 


§§  2549-2552  Harbor  Commissioners.  520 

§  2549.  The  revenue  collected  and  disbursed  by 
authority  of  this  article  shall  be  gold  and  silver 
coin  of  the  United  States.  [Amendment,  approved 
February  28,  18TG;  Amendments  1875-6,  p.  32.  In 
effect  February  28,  1876.] 

§  2550.  It  is  hereby  made  the  duty  of  the  board 
of  police  commissioners  of  the  city  and  county  of 
San  Fi-ancisco  to  appoint  such  number  of  wharf- 
ingers and  toll  collectors  special  policemen  as 
such  commissioners  shall  request,  in  writing,  such 
police  commissioners  to  appoint,  and  also  shall 
furnish  such  special  policemen  the  usual  badge 
of  othce,  which  shall  be  paid  for  by  the  commis- 
sioners; such  appointments  must  be  renewed  once 
in  each  year.  The  jurisdiction  of  such  special  po- 
licemen shall  be  coextensive  with  the  premises 
described  in  this  article,  and  their  terms  of  office 
as  such  wharfingers  and  toll  collectors.  [Amend- 
ment, approved  February  28,  1876;  Amendments, 
1875-6,  p.  32.    In  effect  February  28,  1876.] 

§  2551.  Nothing  in  this  article  shall  be  taken 
or  deemed  to  affect  any  action  or  suit  now  pending, 
or  any  right  of  action  accrued,  or  any  contract  or 
obligation  existing  under  the  provisions  of  the 
statutes  hereby  amended;  but  such  suits  or  ac- 
tions may  be  prosecuted  in  the  name  in  which 
they  have  been  instituted,  and  such  rights  of  ac- 
tion, contraoi,  or  obligation  shall  remain  unim- 
paired, and  may  be  prosecuted  and  enforced  in  all 
respects  the  same  as  if  this  amendment  had  not 
been  made.  [Amendment,  approved  February  28. 
1876;  Amendments  1875-6.  p.  32.  In  effect  Febru- 
ary 28,  1876.] 

Pending  actions  and  proceedings  not  affected, 
compare  §§  8,  18. 

§  2552.  The  monthly  salaries  of  the  officers  of 
the  board  shall  be  as  follows:  The  president,  three 
hundred  dollars;  each  of  the  other  two  commis- 
sioners, two  hundred  and  fifty  dollars;  the  secre- 
tary, two  hundred  and  fifty  dollars;  the  assistant 
secretary,  one  hundred  and  fifty  dollars;  the  attor- 
ney, two  hundred  dollars;  the  chief  engineer,  two 
hundred  and  fifty  dollars,  the  chief  wharfinger, 
two  hundred  and  fifty  dollars;  the  wharfingers,  one 
hundred  and  twenty-five  dollars;  and  the  collectors, 
one  hundred  dollars.    The  board  must  fix  the  com- 


1 


521  Harbor  Commissioners.  §§     2553-2567 

pensation  of  ttie  other  employes.  No  ex  officio 
officer,  nor  consulting  engineer,  shall  receive  any 
compensation,  except  traveling  and  other  inci- 
dental expenses.     [Approved  March  19,  1889.] 

§  2553.  The  attorney  general  of  the  State  must 
give  such  legal  advice  and  render  such  legal  ser- 
vices as  may  from  time  to  time  be  required  of 
him  by  the  commissioners,  in  connection  with 
their  duties  without  further  compensation. 
[Amendment,  approved  Februarv  28,1876;  Amend- 
ments 1875-6,  p.  32.    In  effect  February  28,  1876.] 

Attorney  general — §§  470-474;  to  give  free  opin- 
ion to  commissioners  of  State  institutions,  §  470, 
subd.  6. 

This  article  originally  was  founded  upon  Stats. 
1863,  406;  1863-4,  138. 

§  2554.  Section  two  thousand  five  hundi'ed  and 
fifty-four  of  said  Code  is  hereby  repealed. 
[Amendments  1875-6.  p.  32.  In  effect  February 
28,  1876.] 


ARTICLE  X. 

HARBOR  COMMISSIONERS  FOR  THE  PORT  OF  EU- 
REKA. 

§  2567.  Harbor  Commissioners  for  the  Port  of  Eureka. 

§  256S.  Power   of   Board   to   protect   navigation. 

§  2569.  Board  may  make  regulations,  impose  penalties,  etc. 

§  2.^.70.  Harbormaster  of  Port  of  Eureka;  duties  of. 

§  2571.  Compensation  and  expenses. 

§  2572.  Fees  of  Harbormaster. 

§  2567.  There  is  a  board  of  three  commission- 
ers, known  as  the  "Board  of  Harbor  Commission- 
ers of  the  Port  of  Eurel^a."  The  mayor  of 
the  city  of  Eureka,  in  the  county  of  Hum- 
boldt, is  an  ex-officio  member  thereof,  and 
one  of  said  commissioners  shall  be  ap- 
pointed by  the  governor  of  this  State,  and  sliall 
hold  his  office  for  two  years,  and  until  his  succes- 
sor is  appointed  and  qualified;  and  the  other  of  said 
commissioners  shall  be  appointed  by  the  governor, 
and  shall  hold  his  office  for  the  term  of  four  years, 
and  until  his  successor  is  appointed  and  qualified. 
And  appointments  to  fill  vacancies,  which  may 
hereafter  occur  in  the  board  of  harbor  commis- 
sioners of  the  port  of  Eureka  shall  be  for  the  term 


§§  2568-2570  Harbor  Commissioners.  522 

of  four  years,  and  no  person  sliall  be  eligible  to 
tlie  office  of  Harbor  Commissioner  of  said  port  of 
Kurelva,  unless  lie  be  a  resident  of  the  city  of  Eu- 
relva.  [Amendment  approved  P'ebi'uaiT  12,  1878; 
Amendments  1877-8,  p.  51.  In  effect  February  12, 
1878.] 

§  2568.  The  board  of  harbor  commissioners  of 
the  port  of  Eureka  are  authorized  and  empower- 
ed to  malie  such  rules  and  regulations,  and  take 
such  action  as  may  be  necessary  or  proper  for  the 
px'otection  of  navigation  in  Humboldt  bay,  or  in 
anj'  slough  or  creek  emptying  into  the  same  so  far 
as  the  tide  ebbs  and  flows.  [Amendment,  ap- 
proved February  12,  1878;  Amendments  1877-8,  p. 
51.    In  effect  February  12,  1878.] 

§  2569.    The  board  may: 

1.  liegulate  the  erection  and  extensions  of 
wharves  and  piers;  and  prescribe  the  plans  and 
dimensions  thereof. 

2.  liegulate  the  tolls,  wharfage,  or  dockage  to 
be  charged  thereon. 

3.  Regulate  the  manner  of  constructing  booms, 
and  to  limit  their  extent  into  the  waters  of  the 
bay. 

4.  Prescribe  and  regulate  the  manner  in  which 
rafts,  boats,  or  vessels  must  lie  at  anchor  or  be 
moved  to  any  wharf  or  pier. 

5.  Prevent  and  remove  obstructions  to  the  regu- 
lar ebb  and  flow  of  the  tides  and  the  deposit  and 
escape  into  the  waters  of  the  bay  of  substances 
likely  to  injure,  interfere  with,  or  impede  the  nav- 
igation, or  to  create  shoals  or  shallows  in  or  les- 
sen the  depth  of  the  waters  thereof. 

6.  Impose  penalties  for  violation  of  such  rules 
and  regulations,  not  exceeding  for  any  one  viola- 
tion the  sum  of  five  hundred  dollars,  to  be  recov- 
ered by  action  in  the  name  of  the  board  before 
any  court  of  competent  jurisdiction,  together  with 
costs  of  suit;  the  net  proceeds  of  which  actions 
must  be  paid  into  the  treasury  of  Humboldt  coun- 
ty.   [In  effect  March  7,  1889.] 

§  2570.  The  town  marshal  of  Eureka  is  the 
harbormaster  of  the  port  of  Eureka.  He  must  en- 
force and  carry  into  effect  such  rules  and  regu- 
lations as  the  board  of  harbor  commissioners  may 
from  time  to  time  adopt  and  publish,  and  must  re- 
port to  the  board  any  and  all  violations  thereof. 


523  '      Harbor  Commissioners.   §§  2571-2575 

§  2571.  The  members  of  tlie  board  must  re- 
ceive the  sum  of  four  dollars  for  every  day  actu- 
ally and  necessarilj'  employed  by  them  in  per- 
forming the  duties  herein  prescribed,  to  be  paid 
from  the  treasury  of  Humboldt  county,  California, 
as  other  claims  against  said  county  are  paid.  All 
expenses  necessarily  incurred  by  the  board  in  the 
performance  of  their  duties  must  be  paid  in  the 
same  manner  out  of  said  treasury  as  the  members 
of  the  board  are  herein  provided  to  be  paid.  [Ap- 
proved March  7,  1889.] 

§  2572.  The  fees  of  the  harbormaster  are  pre- 
scribed by  the  board  of  commissioners,  and  paid 
monthly  by  the  board  of  trustees  of  the  town  of 
Eurelia,  upon  the  certificate  of  the  board  of  com- 
missioners, except  such  fees  as  may  be  provided 
to  be  otherwise  paid  by  the  board. 

Article  based  on  Stats.  1869-70,  745. 


ARTICLE  XI. 

HARBOR    COMMISSIONERS     FOR    THE     BAY     OP     SAN 
DIEGO 

S5  2575    to    2608.      (Approved    March    18,    1889.) 

[Sections  2583  to  2607,  relating  to  sailors  and 
sailor  boarding  houses  were  repealed  by  act  of 
December  22d,  1875.] 

§  2575.  A  Board  of  State  Harbor  Commission- 
ers for  the  Bay  of  San  Diego,  to  consist  of  three 
persons,  is  hereby  constituted  with  such  powers 
and  duties  as  are  prescribed  by  law.  On  the  pas- 
sage of  this  act  the  Governor  must  nominate  and 
by  and  with  the  consent  of  the  Senate  appoint  one 
of  said  Commissioners  to  hold  office  for  two  years, 
and  one  for  three  years,  and  one  for  four  years 
from  the  dates  of  their  respective  commissions, 
and  until  their  successors  are  qualified.  The  said 
oflicers  must  thereafter  be  nominated  by  the  Gov- 
ernor, and  by  and  with  the  consent  of  the  Senate, 
be  appointed  for  four  years  from  the  dates  of 
their  respective  commissions,  and  until  their  suc- 
cessors are  qualified.  All  persons  appointed  com- 
missioners by  virtue  of  tliis  Act  must  be  quali- 
fied electors  of  the  county  of  San  Diego.  If  the 
term  of  oflice  of  any  commissioner  expire  during 


§  2576  Harbor  Commissioners.  524 

the  recess  of  the  Senate,  the  Governor  must  grant 
a  commission  to  his  successor,  which  shall  be  val- 
id to  all  intents  and  purposes,  subject,  however, 
to  the  consent  of  the  Senate  at  its  next  regular  ses- 
sion. If  a  vacancy  occurs  from  any  cause  in  the 
office  of  a  commissioner  liefore  the  expiration  of 
his  term,  his  successor  must  be  appointed  and  hold 
office  only  for  the  unexpired  portion  of  such  term. 
In  case  the  Senate,  during  its  session,  fail  to  act 
on  or  refuse  its  consent  to  any  nomination  the 
Governor  may  make  of  persons  to  constitute  the 
Board  herein  first  provided  for,  or  to  fill  a  va- 
cancy occurring  thereafter  by  expiration  of  the 
term  or  otherwise,  he  must,  after  the  adjournment 
of  the  Senate,  grant  a  commis.sion  for  the  tei'ms 
herein  provided  for,  or  for  the  unexpired  portion 
of  such  term,  as  the  case  may  be,  subject,  how- 
ever, to  the  consent  of  the  Senate  at  its  next  reg- 
ular session.  In  all  cases,  however,  where  the 
Senate  fails  or  refuses  to  confirm  a  nomination  so 
made  by  the  Governor,  the  official  acts  of  the  per- 
son so  nominated,  up  to  the  time  of  his  non-con- 
firmation, shall  be  legal  and  valid  to  all  intents 
and  purposes,  and  he  shall  be  entitled  to  his  sal- 
ary up  to  that  time  for  his  services  rendered,  but 
no  further;  provided,  that  upon  the  passage  of 
this  Act,  the  Governor  shall  nominate  three  per- 
sons to  fill  such  offices  for  the  first  term  and  sub- 
mit them  to  the  Senate  at  least  one  day  before  its 
final  adjournment.  The  commissioner  first  ap- 
pointed for  four  years  shall  be  the  President  and 
executive  officer  of  tlie  Board.  It  shall  be  his 
duty  to  preside  at  its  meetings,  to  supervise  the 
official  conduct  of  all  its  officers  and  employes,  es- 
pecially in  the  collection,  custody,  and  disburse- 
ment of  the  revenues,  and  to  require  that  all  the 
books,  papers,  and  accounts  be  accurately  kept, 
and  in  proper  form,  and  all  the  provisions  of  law 
and  the  regulations  of  the  Board  be  enforced  and 
observed.  He  may  administer  official  oaths  to  the 
officers  and  employes  of  the  Board,  except  the 
other  CommissioneVs.  and  to  all  persons  in  rela- 
tion to  the  business  of  the  Board.  After  the  ex- 
piration of  the  first  four  years,  the  Commissioners 
must  elect  their  President  from  amongst  them- 
selves. 

§  2576.  The  President  of  the  Board  must  give 
an  official  bond  in  the  sum  of  ten  thousand  dol- 
lars,    and     each     of     the     other     commissioners 


525  Harbor  Commissioners.  §  2577 

\n  the  sum  of  ten  tliousand  dollars,  which 
must  be  approved  by  the  Governor,  and  State 
Treasurer,  by  written  indorsement  thereon, 
and  within  fifteen  days  after  the  date  of 
their  respective  commissions  must  be  filed  and  re- 
corded in  the  office  of  the  Secretary  of  State,  to- 
gether with  the  oflicial  oath  presci'ibed  bylaw.  The 
Commissioners  shall  not  be  sureties  for  one  anoth- 
er, nor  shall  any  officer  of  the  State,  nor  any  officer 
or  member  of  the  Legislature  be  accepted  as  surety 
on  said  bonds.  The  Board,  on  entering  upon  the 
duties  of  their  office,  may,  as  soon  as  they  deem 
it  necessary  for  the  performance  of  the  duties  re- 
quired by  this  Act,  and  have  funds  at  their  dis- 
posal to  pay  the  salaries  or  compensation  for  ser- 
vices rendered,  appoint  tlie  following-  officers,  viz: 
A  Secretary,  an  Assistant  Secretary,  an  .Attorney, 
a  Chief  Engineer,  a  Chief  Wharfinger,  and  such 
Assistant  "Wharfingers  and  Collectors  as  they  may 
deem  necessary.  Such  officers  shall  hold  for  a 
term  of  four  years  from  the  date  of  their  respec- 
tive appointments,  but  may  be  removed  by  the 
Board  at  any  time  when  their  respective  services 
are  not  required,  or  after  due  investigation  for 
causes  affecting  their  official  character  or  compe- 
tency. The  order  for  stich  removal,  stating  dis- 
tinctly the  causes  therefor,  must  be  entered  on 
their  minutes.  In  case  of  a  vacancy  in  such  of- 
fices, which  the  Board  may  deem  necessary  to  be 
filled,  the  Board  must  fill  the  same  by  appoint- 
ment for  four  years,  subject  to  removal  as  herein- 
before provided  in  this  section.  During  the  time 
of  any  vacancy  in  an  office  to  be  filled  by  appoint- 
ment of  the  Board,  the  members  of  the  Board  ap- 
pointed by  the  Governor  shall  perform  any  and 
Jill  duties  of  such  offices  necessary  to  be  done,  as 
far  ns  they  are  able  to  do  so,  and  they  may  employ 
and  pay  for,  out  of  the  funds  at  their  disposal, 
temporary  assistance  in  tlie  performance  of  such 
duties.  And  it  shall  be  the  duty  of  said  Commis- 
sioners to  cause  to  be  made,  without  unnecessary 
delay,  a  full  and  complete  map  of  the  entire  water- 
front of  the  harbor  of  San  Diego,  which  map,  af- 
ter being  approved  and  adopted  by  said  Board, 
shall  be  the  official  map  of  said  harbor,  and  a  certi- 
fied copy  shall  thereupon  be  filed  in  the  office  of 
the  County  Ilecorder  of  San  Diego  County. 

§  2577.    The  Secretary  must  keep  the  office  of 
the  Board  open  every  day,  legal  holidays  excepted, 


§  2577  Harbor  Commissioners.  526 

from  niue  o'clock  A.  M.  till  four  o'clock  P.  M.  He 
shall  safely  keep  and  be  responsible  for  all  moneys 
paid  into  the  office,  and  for  all  the  books  and  pa- 
pers of  the  Board,  attend  their  meetings,  and  keep 
a  perfect  record  of  their  proceedings,  with  the 
names  of  the  Commissioners  present  thereat.  He 
must  keep  in  proper  books  an  account  of  all  mon- 
eys received  and  paid,  and  on  or  before  the  tenth 
day  of  each  month  must  send  to  the  State  Control- 
ler a  statement  thereof,  under  oath,  for  the  pre- 
ceding month,  showing  the  sources  from  vrliich 
such  moneys  were  received,  and  the  purposes  for 
which  they  were  paid,  and  must  also  report  to  the 
Controller  the  amount  paid  to  the  State  Treasurer 
for  the  month  covered  by  such  statement.  He 
must  enter  daily,  in  proper  wharf-books,  the  re- 
turns made  by  the  ^^'harfingers  and  Collectors, 
and,  on  the  last  day  of  each  month,  settle  the  ac- 
counts of  each  of  them,  and  balance  the  said 
books  as  soon  as  possible  thereafter.  When  mon- " 
ey  is  received  from  any  source,  he  must  retain  a 
stub  corresponding  in  number,  date,  and  amount, 
with  the  receipt  given  therefor,  and  he  miist  re- 
quire the  person  paying  it  to  sign  such  stub.  He 
must  record  at  length  all  contracts  and  agree- 
ments made  by  the  Board,  and  also  all  bonds  exe- 
cuted by  officers  of  the  Board,  and  keep  a  record 
of  all  personal  property  purchased  and  its  cost, 
and  in  case  any  be  sold,  the  name  of  the  purchas- 
er, date  of  sale,  and  the  price  received  therefor. 
Before  entering  on  the  duties  of  his  office  he  must 
give  an  official  bond  in  the  sum  of  twenty  thou- 
sand dollars,  and  take  and  subscribe  an  official 
oath.  Said  bond  must  be  approved  by  the  Board 
by  written  indorsement  thereon,  and  be  filed  with 
such  oath  in  the  office  of  the  Secretary  of  State. 
The  Assistant  Secretary  shall  attend  at  the  office 
during  office  hours,  and  miist  perform  such  ser- 
vices as  may  be  required  of  him  by  the  Secretary 
of  the  Board.  Before  entering  upon  the  duties  of 
his  office  he  must  give  an  official  bond. in  the  sum 
of  ten  thousand  dollars,  and  take  and  subscribe  an 
official  oath.  Said  bond  must  be  approved  by  the 
Board  by  written  indorsement  thereon,  and  be 
tiled  with  such  oath  in  the  office  of  the  Secretary 
of  State.  The  attorney  shall  attend  to  the  prose- 
cution and  defense  of  all  suits,  and  render  such 
legal  services  as  mav  he  required  by  him  of  the 
Board.    The    Chief   Engineer    must  prepare   such 


527  Harbor  Commissiouers.  §  2577 

plans  and  specifications  as  tlie  Board  may  direct, 
and  if  adopted,  and  tlie  worl<  ordered  by  the  Board 
to  be  done,  must  superintend  its  construction.    He 
must  give  constant  attention  to  tlae  condition  of 
the    seawall    and     thoroughfares,    of     the    sheds, 
wharves,   piers,    and   landings,    of   the    streets   or 
parts  thereof  under  the  jurisdiction  of  the  Board, 
and  of  the  construction  and  operating  of  the  sea- 
wall railroad,  and  Avhen  repairs  are  needed  must 
forthwith  report  to  the  Board,  in  writing,  their  na- 
ture and  extent,   and,   if  ordered  by  tlie  Board, 
must  have  the  same  done  at  once.    He  must  keep 
himself  informed  as  to  the  depth  of  the  water  in 
the  various   docks   and   slips,   and   report  to   the 
Board  from  time  to  time  what  dredging  is  requir- 
ed.   He  must  keep  a  register,   properly   indexed, 
showing  the  date,  place,  ahd  character  of  every 
piece  of  work  done  and  dock  dredged,  when  begun 
and  when  finished,  with  proper  descriptions  and 
drawings.    He  must  take  and  subscribe  an  official 
oath,  and  give  a  bond  in  the  sum  of  ten  thousand 
dollars,  to  be  approved  by  the  Board  by  written 
indorsement  thereon.    Said  bond  and   oath   must 
be  filed  in  the  office  of  the   Board.       The  Chief 
Wharfinger  must  station,  berth,  and  regulate  the 
position  of  vessels  in  the  docks  and  harbors,  and 
cause  them  to  remove  from  time  to  time,  and  fi-om 
place  to  place,  as  the  general  convenience,  safety, 
and  good  order  may  require.    Sflbiect  to  sucli  i-eg- 
ulations,  he  must  assign  berths  to  vessels  in  the 
order  of  their  application  after  entering  tlie  har- 
bor.   He  must  supervise  the  Wharfingers,  and  re- 
port to  the  Board  all  cases  of  failure  to  perform 
their  duties,  and  require  all  shipmasters,  consign- 
ers, pilots,  and  masters  of  towboats  to  conform  to 
the  regulations  of  the   Board.    He  must  require 
the  docks,  slips,  wharves,  piers,  and  other  prem- 
ises under  the  jurisdiction  of  the  Board  to  be  kept 
free  from  all  ol)structions,  and  when  parties  fail 
to  obey  his  order  to  remove  the  same,  he  must 
forthwitli  report  the  fact  to  the  Board,  and  exe- 
cute their  order  in  relation  thereto.    And  it  shall 
be  his  duty  to  execute  and  enforce  the  rules  and 
regulations    whicli    niaj'  be  established    by  such 
Board  pursuant  to  the  provisions  of  this  article, 
and  he  is  also  empowered  to  determine  cases  of 
collision  by  consent  of  all  i)arties  interested,  and 
where  damages  do  not  exceed  three  hundred  dol- 
lars, the  decision  is  final.    He  shall  take  in  charge 


§  2577  Harbor  Commissioners.  528 

all  abandoned  -watercraft  and  all  boats  piclied  up 
adrift,  and  secure  tlie  same,  after  which  he  shall 
advei'tise  for  one  week  in  one  of  the  daily  news- 
papers printed  in  the  City  of  San  Diego,  giving 
the  full  particulars  pertaining  to  the  same,  and  re- 
quest all  parties  interested  to  appear  and  estab- 
lish their  title  or  claim  thereto,  within  twenty 
days  from  the  last  publication.  If  claimed  within 
said  period,  such  property  shall  be  delivex*ed  to 
the  owner  on  payment  of  all  costs  of  I'emoving, 
securing,  and  advertising  the  same.  If  not  claim- 
ed within  said  period,  or  if  the  owner  fails  to  pay 
the  charges,  such  property  shall  be  sold  by  the 
Chief  AV'harfinger  to  the  highest  bidder,  at  public 
auction;  less  the  cost  shall  be  paid  the  owner, 
if  claimed  by  him,  or  if  not  claimed  by  the 
owner,  shall  be  paid  to  the  Board  of  State  Harbor 
Commissioners:  but  the  owner  shall  be  entitled  to 
receive  from  said  Board  the  amount  so  paid,  if  he 
claim  the  same  within  one  year  from  the  date  of 
said  payment.  For  the  purposes  of  this  section 
the  harbor  of  San  Diego  shall  be  the  tidewaters  of 
the  entire  Bay  of  San  Diego,  and  the  jurisdiction  of 
the  Chief  Wharfinger  shall,  when  performing  the 
duties  required  by  this  section,  be  coextensive  with 
such  tidewaters.  The  Chief  AVharfinger  shall  keep 
an  office  in  some  convenient  place  upon  the  city 
front,  which  shall  be  kept  open  every  day  (Sundays 
and  holidays  excepted)  from  7  A.  M.  till  6  P.  M. 
The  Commissioners  shall  furnish  a  suitable  budd- 
ing for  an  office,  for  the  exclusive  iise  of  said  Chief 
Wharfinger  and  Assistant  Chief  AYharfinger,  with 
suitable  office  furniture.  And  it  shall  be  the  duty 
of  all  pilots,  masters  of  tugboats,  masters,  owners, 
and  consignees  of  vessels,  to  obey  all  lawful  or- 
ders and  directions  of  the  Chief  Wharfinger  in  re- 
lation to  the  stationing,  anchoring,  and  removing 
of  vessels  under  and  pursuant  to  such  rules  and 
regulations.  He  must  take  and  subscribe  an  offi- 
cial oath,  and  give  such  official  bond  as  the  Board 
may  require  subject  to  their  approval  to  be  in- 
dorsed tliereon.  Said  bond  and  oath  must  be  filed 
in  the  office  of  the  Board.  The  Wharfingers  shall 
have  sunervision  of  the  wharves  to  which  they 
are  assigned,  and  must  require  the  recrulations  of 
the  Board  and  orders  of  the  Chief  Wharfinger  to 
be  respected  and  obeyed,  and  good  order  to  be  pre- 
served thereon.  The  collectors  must  collect  the 
revenues  in  such  manner  as  the  Board  may  direct. 


529  Harbor  Commissioners.  §  2578 

and  must  daily  account  for  and  pay  all  moneys  in 
the  office.  The  Wharfingers  and  Collectors  must 
take  and  subscribe  an  official  oath,  and  give  such 
official  bond  as  the  Board  may  require,  subject  to 
their  approval,  to  be  indorsed  thereon.  Said  bond 
and  oath  to  be  filed  in  their  office.  All  the  above- 
named  officers  must  perform  such  other  duties 
pertaining  to  their  positions  as  the  Board  may 
from  time  to  time  prescribe.  The  Board  may,  in 
its  discretion,  employ  an  assistant  to  the  Chief 
Engineer,  an  assistant  to  the  Chief  Whai-finger,  a 
draughtsman,  a  superintendent  of  dredges,  a  yard- 
master,  and  such  men  on  the  dredges,  scows,  tug- 
boats, fireboats,  and  railroad,  and  in  doing  ur- 
gent repairs,  as  they  deem  advisable,  and  pre- 
scribe their  bonds,  duties,  and  compensation;  such 
employes  shall  hold  their -positions  and  be  remov- 
able at  the  pleasure  of  the  Board;  but  no  officer  or 
employe  of  the  Board  shall  be  removed  or  other- 
wise prejudiced  for  i-efusing  to  contribute  to  any 
political  fund,  or  to  render  any  political  service; 
nor  shall  the  Board,  collectively  or  individually, 
use  their  official  influence  to  coerce  the  political  ac- 
tion of  any  of  the  officers  or  employes.  Nor  shall 
the  State  dredgers  be  employed  to  dredge  slips  not 
under  tlie  control  of  the  State,  nor  private  work  of 
any  character.  -Nor  shall  the  Commissioners,  nor 
their  appointees,  be  interested  in  any  contract  for 
the  erection  or  repairing  of  any  work  described 
In  this  article.  Any  Commissioner  or  appointee 
who  shall  be  interested  is  guilty  of  a  felony. 

§  2578.  The  Commissioners  may  institute  and 
I)rosecute  to  final  judgment  actions  in  tlie  name  of 
the  people  of  the  State  of  California,  for  the  pos- 
session of  any  portion"  of  the  premises  described 
in  this  article,  or  for  the  collection  of  any  money 
due  or  that  may  become  due  the  State  by  author- 
ity of  this  article;  and  the  Commissioners  may  also 
Institute  and  prosecute  to  final  judgment  actions 
for  the  removal  of  all  unlawful  obstructions  in  or 
upon  said  premises,  or  for  tlie  removal  of  all  un- 
lawful obstructions  in  or  upon  the  streets  through 
the  center  of  which  the  inshore  line,  or  line  near- 
est the  main  land  bounding  said  premises,  runs. 
They  may  also  remove  any  unlawful  obstructions 
thereon  after  the  owner,  possessor,  or  occupant,  of 
such  obstruction  shall  have  five  days'  notice,  in 
writing,  to  remove  the  same,  either  served  on 
Pol.  Code— 45. 


§  2579  Harbor  Commissioners.  530 

such  owner,  possessor,  or  occupant,  or  posted  upon 
said  obstruction  by  the  Chief  Whai'finger,  Assist- 
ant Wharfinger,  or  Wharfinger. 

§  2579.  The  Commissioners  shall  have  posses- 
sion and  control  of  the  entire  Bay  of  San  Diego, 
together  with  the  improvements,  rights,  privileges, 
easements,  and  appurtenances  connected  there- 
with, or  in  anywise  appertaining  thereto,  for  the 
purposes  in  this  article  pi'ovided.  And  said  Com- 
missioners, in  addition  to  a  general  control  over 
said  premises,  shall  have  authority  to  use  for  load- 
ing and  landing  merchandise,  with  a  I'ight  to  col- 
lect docliage,  wharfage,  and  tolls  threeon,  such 
portions  of  the  streets  of  the  City  of  San  Diego,  or 
any  city  or  town  ending  or  fronting  upon  the  wa- 
ters of  the  Bay  of  San  Diego  as  may  be  used  for 
sucli  purposes  without  obstructing  the  same  as 
thoroughfares,  and  authority  to  rent  an  office  in 
any  portion  of  the  City  of  San  Diego,  and  pur- 
chase from  time  to  time  suitable  books  for  the  rec- 
ords of  the  Secretary  and  accounts  of  the  Wharf- 
ingers, together  with  such  stationery  as  may  be 
required  by  the  Board,  and  to  fix  and  regulate 
from  time  to  time  the  rates  of  doclvage.  wharfage, 
cranage,  tolls,  and  rents,  and  collect  such  an 
amount  of  revenue  therefrom  as  will  enable  the 
Commissionei-s  to  perform  the  duties  required  of 
them  by  authority  of  this  article.  And  the  Com- 
missioners may  so  modify  and  establish  such  rates 
of  dockage  and  wharfage,  collecting,  as  near  as 
possible,  equal  amounts  from  dockage  and  wharf- 
age. When  such  modification  has  been  made, 
the  collection  of  tolls  must  be  abolished,  and  the 
toll  collectors  discharged.  The  Commissioners 
shall  construct  such  ntimber  "of  wharves  as  the 
wants  of  commerce  shall  require,  and  shall  lo- 
cate such  wharves  at  such  points  and  upon  such 
lines  as  the  Board  may  deem  most  suitable  for  the 
best  interest  of  commerce,  and  shall  repair  and 
maintain  all  the  wharves,  pier's,  quays,  land- 
ings, and  thoroughfares  the  wants  of  commerce 
may  require,  and  generally  to  erect  all  such  im- 
provements as  may  be  necessary  for  the  safe  land- 
ing, loading,  and  unloading,  and  protection  of  all 
classes  of  merchandise,  and  for  the  safety  and  con- 
venience of  passengers  passing  into  and  out  of  the 
City  of  San  Diego,  or  any  city  or  town  on  the  Bay 
of  San  Diego,  by  water.    But  no  wharf  shall  be 


531  Harbor  Commissioners.  §  2579 

constructed  upon  such  place  or  line  as  will  cause 
any  slip  or  docli  to  be  less  tlian  one  liundred  and 
thirty-six  feet  wide  at  the  most  narrow  point  be- 
tween the  wharves.  When  they  determine  that  a 
new  wharf  shall  be  erected,  or  any  other  neces- 
sary improvement  constructed,  or  repairs  made, 
or  dredging  machines,  scows,  steam  tugs,  and 
any  necessary  machinery,  the  cost  of  which 
shall  exceed  three  thousand  dollars,  they  shall  ad- 
vertise for  sealed  proposals  for  a  period  of  not  less 
than  ten  days  in  one  or  more  of  the  daily  newspa- 
pers in  the  City  of  San  Diego.  Every  proposal 
shall  be  accompanied  by  a  certified  checli  for  an 
amount  equal  to  five  per  cent  of  tlie  amount  of 
sucli  proposal,  such  checli  to  be  made  payable  to 
the  oi'der  of  the  Secretary,  of  said  Board,  condi- 
tioned if  the  proposal  is  accepted  and  the  contract 
awarded,  and  if  the  bidder  shall  fail  or  neglect  to 
execute  the  contract  and  give  tlie  bond  required 
within  six  days  after  the  award  is  made,  in  that 
case  said  sum  mentioned  in  said  checli  shall  be 
paid  into  the  State  Treasui-y  by  said  Secretary  as 
liquidated  damages  for  such  failure  and  neglect, 
as  a  portion  of  San  Diego  Harbor  Improvement 
Fund.  Such  advertisement  shall  contain  a  gen- 
eral description  of  tlie  worlv  to  be  done,  the  mate- 
rials to  be  used,  the  place  where  to  be  used,  and 
must  refer  to  specifications,  which  must  contain 
full  and  accurate  description  of  the  work  to  be 
performed,  the  material  to  be  used,  which  speci- 
fications shall  be  Ivcpt  in  the  otfice  of  the  Secretary 
of  the  Board  in  such  manner  that  all  persons  may 
inspect  the  same  during  the  usual  business  hours 
of  all  days  except  Sundays  and  holidays.  On  a 
day  named  in  the  advertisement,  the  Commission- 
ers shall  open  the  bids  in  the  presence  of  such 
bidders  as  are  present,  and  award  the  contract 
to  the  lowest  bidder,  who  shall  furnish  sufficient 
sureties  to  guarantee  the  performance  of  the 
worlv.  If,  in  the  opinion  of  the  Commissioners, 
the  bids  are  too  higli.  they  may  reject  them  and 
advertise  anew  in  lilve  manner  as  before.  If,  in 
the  opinion  of  the  Commissioners,  the  second  bids 
are  too  high,  they  may  reject  them  lil^ewise  and 
enter  into  contract  witli  responsible  parties  with- 
out giving  further  notice.  Any  contract  entered 
into  without  giving  further  notice  and  receiving 
bids  must  be  at  least  ten  per  cent  lower  than  the 
lowest   rejected    bid.    Th(>    Board    may    construct 


§  2579  Harbor  Commissioners.  532 

such  harbor,  embankment,  or  seawall,  as  shall 
be  necessary  to  protect  the  harbor  of  San  Diego, 
and  dredge  such  number  of  slips  and  docl^s  as  the 
commerce  of  the  port  of  San  Diego  may  require, 
to  a  depth  that  will  admit  of  the  easy  and  free  in- 
gress and  egress  of  all  classes  of  watercraft  that 
load  and  discharge  cargoes  at  the  wharves,  piers, 
quays,  landings,  and  thoroughfares  in  the  harbor 
of  San  Diego;  to  perform  which  dredging  said 
Board  of  State  Harbor  Commissioners  for  the  Bay 
of  San  Diego  are  hereby  authorized  and  empow- 
ered to  hire,  employ,  purchase,  or  construct  dredg- 
ing machines,  scows,  steam  tugs,  and  the  neces- 
sary machinery,  and  employ  men  for  operating  the 
same.  When  any  portion  of  the  premises  described 
in  this  article  shall  be  dredged,  the  sand,  mud,  or 
other  substances  shall  be  deposited  in  a  place  des- 
ignated by  the  Board.  All  classes  of  watercraft 
that  use  or  malce  fast  to  any  wharf,  pier,  quay, 
landing,  or  thoroughfare,  and  land  uix)u  or  load 
therefrom  any  goods,  wares,  or  merchandise,  shall 
be  liable,  and  must  pay  to  the  Commissioners  such 
rates  of  doclcage  as  shall  be  fixed  by  authority  of 
this  article:  and  all  such  watercraft  as  shall  dis- 
charge or  receive  any  goods,  wares,  or  merchan- 
dise Avhile  moored  in  any  slip.  docl^.  or  basin  with- 
in the  jurisdiction  of  the  Commissioners,  shall 
pay  one-half  the  regular  rates  of  dockage.  Any 
watercraft  that  shall  leave  any  wharf,  pier,  quay, 
landing,  thoroughfare,  slip.  dock,  or  basin,  unless 
forced  to  do  so  by  stress  of  weather,  without  first 
paying  regular  rates  of  dockage  due  from  such 
vessel,  shall  be  liable  to  pay  a  fine  not  to  exceed 
five  hundred  dollars.  The  charge  for  wharfage 
and  tolls  shall  be  a  lien  upon  all  goods,  wares,  and 
merchandise  landed  upon  any  of  the  wharves, 
piers,  quays,  landings,  or  thoroughfares  upon  the 
premises  described  in  this  article;  and  the  Com- 
missioners, their  agents,  or  lessees  may  hold  pos- 
session of  any  such  goods,  wares,  or  inerchandise 
so  landed  as  aforesaid,  to  secure  the  payment  of 
such  wharfage  and  tolls,  and  for  the  purpose  of 
such  lien  are  deemed  to  have  possession  of  such 
goods,  wares,  and  merchandise  so  landed,  until 
such  chai-ges  of  wharfage  and  toll  are  paid.  The 
Commissioners  shall  have  power  to  make  reason- 
able rules  and  regulations  concerning  the  control 
and  management  of  the  property  of  the  State 
which  is  intrusted  to  them  bv  virtue  of  this  arti- 


533  Harbor  Commissioners.  §  2579 

cle;  and  said  Commissioners  are  hereby  authorized 
and  required  to  malie,  without  delay  and  from 
time  to  time,  and  publish  not  less  than  thirty  days 
in  a  daily  newspaper  of  general  circulation  pub- 
lished in  the  City  of  San  Diego,  all  needful  rules 
and  regulations,  not  inconsistent  with  the  laws  of 
the  State  or  of  the  United  States,  in  relation  to  the 
moving  and  anchorage  of  vessels  in  said  harbor, 
providing  and  maintaining  free,  open,  and  unob- 
structed passageways  for  steam  ferryboats  and 
other  steamers  navigating  the  waters  of  the  Bay 
of  San  Diego,  so  that  such  steamers  can  conven- 
iently make  their  trips  without  impediment  from 
vessels  at  anchor  or  other  obstacles.  And  said 
Commissioners  may  also  make  all  needful  rules 
and  regulations  governing .  the  removal  of  such 
vessels  from  the  wharves  and  other  landings,  and 
from  slips  and  docks  as  are  not  engaged  in  receiv- 
ing or  discharging  cargo,  prescribing  the  time  dur- 
ing which  goods,  wares,  and  merchandise  landed 
upon  any  wharf,  pier,  quay,  landing,  or  thorough- 
fare shall  be  permitted  to  remain  thereon,  and 
may  divide  the  same  into  several  classes,  and 
may,  by  such  rules  and  regulations,  provide  that 
in  case  any  such  goods,  wares,  or  merchandise 
remain  upon  any  wharf,  pier,  quay,  landing,  or 
thoroughfare,  beyond  the  time  so  prescribed,  the 
respective  Wharfinger  may,  under  the  order  of 
the  Commissioners,  remove  and  deposit  the 
same  in  a  suitable  place,  at  the  charge,  risk, 
and  expense  of  the  owner  thereof.  When 
any  goods,  wares,  or  merchandise  shall  have 
remained  upon  any  wliarf,  pier,  quay,  land- 
ing, or  thoroughfare  more  than  twenty-four 
hours,  the  Commissioners  may,  in  their  discretion, 
charge  such  additional  rates  for  each  subsequent 
day  as  in  their  opinion  is  just  and  equitable.  The 
Commissioners  may,  in  their  discretion,  set  apart 
and  assign  for-  the  exclusive  use  of  the  watercraft 
used  by  the  officers  of  the  Federal  Government, 
such  convenient  and  safe  landings  as  such  ofiieers 
may  require,  together  with  suitable  premises  near 
such  buildings  as  may  be  set  apart  and  assigned 
for  tlieir  use,  upon  which  premises  such  ofacers 
may  cause  to  be  erected  ofiices  and  storehouses  to 
suit  their  convenience,  and  the  Commissioners 
shall  charge  a  reasonable  compensation  per  month 
for  the  iise  of  such  landings,  and  otfice  and  store- 
house premises;  set  apart  and  assign  a  suitable 


§  2579  Harbol"  Commissioners,  534 

and  proper  locality  for  the  use  of  the  Harbor  Po- 
lice of  the  City  of  San  Diego,  and  also  a  suitable 
place  for  a  boathouse  station  for  the  exclusive  use 
of  the  Quarantine  and  Health  Officers  of  said  city 
without  compensation;  set  apart  and  assign  for 
the  exclusive  use  of  steam  ferryboats  suitable 
slips,  in  which  such  structures  may  be  erected  a? 
will  secure  the  safe  and  convenient  landing  of 
passengers,  and  safe  landing  and  delivery  of 
freight;  set  apart  and  assign  suitable  wharves, 
bertns,  or  laudings.  for  the  exclusive  use  of  ves- 
sels; to  construct  suitable  sheds,  gates,  and  other 
temporary  structures  as  may  be  necessary  for  the 
safe  and  convenient  landing  of  passengers,  and 
safe  lauding  and  delivery  of  freight;  and  set  apart 
and  assign  for  the  sole  and  exclusive  use  of  the 
fishermen  of  the  City  of  San  Diego,  such  place  or 
places  as  the  said  Commissioners  shall  deem  prop- 
er and  sutticieut,  and  for  no  other  purpose.  The 
Commissioners  may  assign  suitable  places  for  the 
landing  of  horses,  cattle,  sheep,  and  swine,  and 
when  such  places  have  been  assigned,  it  shall  be 
a  misdemeanor  for  a  commander  of  any  water- 
craft  to  land  any  greater  number  than  ten  at  one 
time  from  any  watercraft  at  any  other  place.  The 
Commissioners  may  set  apart  for  the  uses  and 
purposes  of  drydoclis  and  marine  railways  sueh 
portions  of  the  water  front  as  tlie  wants  of  com- 
merce may  require,  and  lease  the  same  for  a  pe- 
riod not  to  exceed  ten  years.  When  the  Commis- 
sioners lease  premises  for  marine  railways  and 
drydoclv  purposes,  as  provided  in  this  section,  they 
shall  advertise  for  sealed  proposals,  for  a  period 
of  not  less  than  ten  nor  more  than  twenty  days,  in 
one  of  the  daily  newspapers  of  the  largest  circu- 
lation, printed  in  the  city  of  San  Diego,  which  ad- 
vertisement shall  contain  a  description  of  the 
premises  to  be  leased.  On  the  day  named  in  the 
advertisement,  the  Commissioners  shall  open  the 
bids  in  the  presence  of  such  of  the  bidders  as  are 
jjreseut,  and  award  tlie  premises  to  the  highest  re- 
s))ousible  bidder  that  shall  furnisli  sufficient  sure- 
ties to  guarantee  the  payment  of  the  rent,  and 
may  negotiate  for.  and  accept,  and  cancel,  any 
lease  of  any  poi-tion  of  the  premises  described  in 
this  article,  and  pay  a  reasonable  compensation 
for  any  structures  upon  any  such  leased  premises 
as  in  the  opinion  of  the  Board  and  Engineer  may 
be  useful  for  such  commercial  purposes  as  this 


535  Harbor  Commissioners.  §  2579 

article  is  intended  to  promote.  No  person  or  com- 
pany sliall,  witliout  the  consent  ot  tlie  Board  of 
State  Harbor  Commissioners,  laud  or  remove  any 
goods,  Avares  or  merchandise,  or  other  thing,  upon 
or  from  any  wharf,  pier,  quay,  landing,  or  thor- 
oughfare situate  upon  the  premises  described  in 
this  article,  unless  authorized  to  do  so  b.v  virtue  of 
valid  lease;  uor  shall  any  person  collect  docljage, 
wharfage,  cranage,  rent, "or  toll,  within  the  boun- 
daries of  the  premises  described  in  this  article, 
except  by  virtue  of  valid  leases,  without  first  ob- 
taining permission  to  do  so  from  said  Commis- 
sioners; nor  shall  an.v  person  or  company  place  or 
cause  to  be  placed  any  obstructions  in  the  Bay 
of  San  Diego,  nor  upon  any  wharf,  pier,  quay, 
landing,  or  thoroughfare,  without  the  consent  of 
the  Board.  Whenever  any  wliarf,  pier,  quay,  land- 
ing, or  thoroughfare  in  tlie  harbor  of  San  Diego 
shall  be  incumbered  or  their  free  use  interfered 
with  by  goods,  wares,  merchandise,  or  other  sub- 
stance, w^hether  loose  or  built  upon  or  fixed  to  any 
such  wharf,  pier,  quay,  lauding,  or  thoroughfare, 
it  shall  be  the  duty  of  the  Commissioners  to  notify 
in  writing  (which  notice  may  be  served  by  a 
Wharfinger,  or  by  the  Secretary  or  Assistant  Sec- 
retary of  the  Board),  tlie  owner,  agent,  occupant,  or 
person  placing  or  keeping  such  obstructions  there- 
on, to  remove  the  same  within  twenty-four  hours 
after  the  serving  of  such  notice;  and  in  case  of  fail- 
ure to  comply  with  such  notice,  and  remove  such 
obstructions,  the  owner,  agent,  occupant,  or  per- 
son so  notified  shall  be  liable  to  pay  the  Commis- 
sioners the  sum  of  twenty-five  dollars  for  each 
and  every  day  during  Avhich  said  obstructions 
shall  remain  upon  any  such  wharf,  pier,  quay, 
landing,  or  thoroughfare;  and  the  Commissioners 
shall  have  power,  in  their  discretion,  to  remove 
any  such  encumbering  siibstance,  and  store  the 
same  in  any  suitable,  conveuient  and  safe  place, 
and  a  sum  equal  to  the  amount  of  the  expenses 
of  the  removal,  together  with  all  other  necessary 
cliarges,  shall  be  paid  by  the  owner  of  such 
encumbering  substance  to  the  Commissioners, 
and  such  sum  and  necessary  charges  shall 
|bo  a  lien  on  such  substance  until  paid. 
The  Commissioners  are  authorized  to  assign 
berths  or  slips  for  the  exclusive  use  of  sea-going 
teniners.  ferrybf)Mts.  and  steamboats  navigating 
the  waters  of  the  Bay  of  San  Diego  and  its  trib- 


§  2580  Harbor  Commissioners.  536 

utaries,  and  to  construct  suitable  offices,  sheds,  and 
inelosures  for  tlie  accommodation  of  tbeir  busi- 
utaries,  and  to  construct  suitable  offices,  sheds  and 
inelosures  for  the  accommodation  of  their  busi- 
ness, and  may  charge  for  such  exclusive  use  a  rea- 
sonable sum,  iri-espective  of  their  tonnage  or  the 
number  of  days  such  berth  is  occupied.  For  the 
purpose  of  enforcing  the  charge  for  wharfage  or 
toll  on  goods,  wares,  and  merchandise,  landed  on 
any  wharf,  pier,  or  thoroughfare,  or  remaining 
thereon  longer  than  the  time  prescribed  by  the 
harbor  regulations,  the  said  Commissioners  are 
authorized  to  talie  possession  of  such  goods,  wares, 
and  merchandise;  and  if  such  cliarge  be  not  paid 
within  two  days  thereafter,  may  remove  and  store 
the  same  at  the  charge,  risk,  and  expense  of  the 
owner  or  consignee  tliereof;  or  may  sell  the  same 
by  public  auction,  with  or  without  notice,  at  their 
discretion;  and  for  the  purpose  of  keeping  the 
wharves,  piers,  and  thoroughfares  free  of  obstruc- 
tions, the  said  Commissioners  shall  cause  a  writ- 
ten notice  to  be  served  on  the  owner,  agent, 
consignee,  or  person  in  possession  of  any  such  ob- 
structing material  or  structure;  or  may  post  a  no- 
tice thereon,  at  their  discretion,  requiring  its  re- 
moval within  twenty-four  hours  thereafter;  and 
on  failure  to  comply  therewith,  the  Commission- 
ers may  remove,  store,  or  sell  the  same  by  public 
auction,  at  their  discretion.  From  the  proceeds  of 
any  such  sale  they  shall  retain  all  the  wharfage 
and  tolls  due,  with  ten  per  cent  thereon;  and,  in 
case  of  obstructions,  twenty-five  dollars  for  each 
and  every  day  during  which  the  wharf,  pier,  or 
thoroughfare  has  been  obstructed,  and  also  all  the 
expenses  attending  such  sale,  and  the  surplus, 
if  any.  sliall  be  paid  to  the  proper  pai'ty.  Such 
sale  shall  be  made  subject  to  immediate  removal. 
§  2580.  The  Board  of  State  Harbor  Commis- 
sioners for  the  Bay  of  San  Diego  are  authorized  to 
extend  any  of  the  streets  lying  along  the  water 
front  of  said  city  and  county,  to  a  width  not  ex- 
ceeding one  hundred  and  fifty  feet,  where  they 
have  iiot  been  already  so  extended.  The  outer 
half  of  such  streets  must  be  constructed  or  built 
and  maintained  in  good  repair  by  the  State  Har- 
bor Commissioners,  or  parties  holding  under  them, 
and  may  be  used  as  a  landing  place  or  pier,  on 
whicli  doclcage,  wharf  age,  and  tolls  may  be  collect- 
ed; and  until  such  extensions  are  made  the  Com- 
missioners may  have  and  use  as  a  landing  place, 


537  Harbor  Commissioners.  §§  2581-2583 

with  full  power  to  collect  docliage,  wharfage,  and 
tolls  thereon,  so  much  of  the  streets  now  fronting 
upon  the  waterfront  as  may  be  used  for  sucli  pur- 
pose without  obstructing  the  same  as  a  thorough- 
fare. The  inner  half  of  such  streets  shall  be  con- 
structed and  maintained  in  good  repair  by  the 
owners  of  the  lots  abutting  thereon.  The  Com- 
missioners are  authorized  to  construct  across  the 
outer  half  of  said  streets  an  extension  of  tlie 
sewers  of  the  said  city,  if  it  be  necessary  to  talje 
any  land  for  the  purpose  of  widening  any  such 
street.  When  it  becomes  necessary  for  the  Com- 
missioners to  construct  any  wharves  on  th'e  line 
of  the  waterfront,  they  are  authorized  to  adopt 
and  pay  for  any  structures  which  would  form 
part  of  such  wharves,  and  which  have  been  con- 
structed along  such  line  by  private  parties  prior 
to  the  passage  of  this  Act. 

§  2581.  The  embankments,  seawalls,  thorough- 
fares, streets,  wharves,  and  other  public  places 
provided  for  in  this  Act  are  hereby  declared  a 
public  use.  in  the  laying  out  and  construction  of 
which  the  right  of  eminent  domain  may  be  exer- 
cised by  the  Harbor  Commissioners  in  the  name 
of  the  people  of  the  State  for  the  estates  and 
rights,  and  in  the  manner  provided  in  part  three, 
title  eiirht,  of  the  Code  of  Civil  Procedure.  The 
said  Commissioners  are  authorized  to  pay  out  of 
ttie  Harbor  Improvement  Fund  any  compensation 
and  damages  assessed  in  such  proceedings. 

§  2582.  No  greater  amount  of  money  shall  in 
the  main  ever  be  collected  by  the  collection  of 
doclvage,  wharfage,  tolls,  rents,  and  cranage  than 
shall  be  necessary  to  construct  and  keep  in  repair 
such  number  of  wharves,  piers,  landings,  and 
thoroughfares,  constnict  sheds,  dredge  such  num- 
ber of  slips  and  docks,  eonstruetiug  a  seawall  and 
harbor  embankment,  construct  and  operate  a  rail- 
way on  the  seawall,  and  pay  incidental  expenses 
allowed  to  be  paid  by  this  article. 

§  2583.  No  contract  or  oblig.ation  entered  into 
by  tlie  Harbor  Commissioners,  wliicli  creates  a 
liability  or  authorizes  the  payment  of  money,  shall 
be  valid  or  of  binding  force  unless  signed  by  all 
three  of  the  Commissioners,  and  coTintersigned  by 
the  Secretary  of  the  Board:  nor  sliall  any  contract 
involving  the  payment  of  money  be  made  by  the 
said   Commissioners,   unless  the  amount  tlien   to 


§§  2584-2586  Harbor  Commissioners.  53Si 

the  credit  of  the  Harbor  Improvement  Fund,  to- 
gether with  the  revenue  estimated  to  accrue  up  to 
the  time  of  the  maturity  of  such  contract,  over 
and  above  the  current  expenses  of  the  Commis- 
sion, be  sufficient  to  meet  the  payment  to  iDecome 
due  tliereon;  provided,  such  estimate  of  revenue 
shall  be  limited  as  to  time  to  one  year,  and  as  to 
amount  to  the  amount  of  revenue  of  the  preced- 
ing year. 

§  2584.  All  moneys  collected  shall  be  paid  into 
the  State  Treasury,  and  be  credited  to  the  San 
Diego  "Harbor  Improvement  Fund,  at  least  once 
in  each  month,  except  office  rent,  cost  of  office  fur- 
niture, boolis,  stationery,  lights,  fuel,  expense  of 
dredging,  expense  of  pile  driving  and  piles,  clean- 
ing the  wharves  and  bullvheads,  legal  and  other  in- 
cidental expenses,  and  in  addition  one  thousand 
dollars  per  month  for  urgent  repairs;  which  last 
sum.  if  so  much  be  required,  may  be  used  in  re- 
pairing the  wharves,  piers,  landings,  thorousli- 
fares,  sheds,  and  other  structures,  and  the  streets 
bounding  on  the  waterfront  under  the  jurisdic- 
tiou  of  the  Board,  without  advertising  for  pi'opos- 
als  tlierefor.  Such  monejs  may  be  remitted  to  the 
State  Treasury  by  express. 

§  2585.  The  Commissioners  shall  take  vouch- 
ers for  all  sums  of  money  by  them  expended  un- 
der the  authority  of  this  article,  excepting  fifty 
dollars  per  month  for  postage  stamps,  express, 
and  other  incidental  expenses,  and  safely  Ijeep  the 
same  on  file  in  the  office  of  the  Board.  For  all 
sums  of  money  paid  by  the  Commissioners,  ex- 
cepting those  mentioned  in  section  two  thousand 
five  hundred  and  eighty-three,  drafts  shall  be 
drawn  by  them  on  the  Controller  of  State,  couu- 
tersiarned  by  tlie  Secretary  of  the  Board,  and 
the  Controller  of  State  shall  draw  his  warrant  on 
the  State  Treasurer,  who  shall  pay  the  same  out 
of  any  money  in  said  Treasvu'y  credited  to  the  San 
Diego  Harbor  Improvement  Fund.  No  warrant 
shall  be  drawn  by  the  Controller  upon  the  Treas- 
urer of  the  State,  as  provided  in  this  section,  un- 
less the  order  bears  the  signatures  of  all  three 
Commissioners,  and  of  the  Secretary  of  the  Board. 

§  2886.  On  tlie  payment  to  the  State  Treasurer 
of  any  sum  of  money,  the  Secretary  and  State 


539  Harbor  Commisisoners.  §§  2587,  2588 

Treasurer  must  report  to  the  State  Controller  the 
amount  so  paid,  and  the  Treasurer  must  give  the 
Board  a  receipt  for  the  same.  Such  payments 
shall  be  considered  as  payments  into  the  State 
Treasury,  and  tlie  Treasurer  shall  be  responsible 
on  his  official  bond  therefor. 

§  2587.  The  Governor  of  the  State,  and  the 
Mayor  of  the  City  of  San  Diego,  and  the  Mayor  of 
National  City,  are  hereby  made  ex  officio  addi- 
tional members  of  tlie  Board  of  State  Harbor 
Commissioners,  for  the  special  purposes  herein 
mentioned,  and  sliall  talve  part  in  the  action  of 
the  board  as  hereinafter  provided. 

§  2588.  The  Board  of  State  Harbor  Commis- 
sioners are  hereby  autliorized,  and  empowered, 
and  directed,  Avithin  one  year  from  and  after  the 
passage  of  this  Act,  to  employ  two  consulting  civil 
engineers,  to  act  in  concert  with  the  engineers 
of  the  Board,  to  malie  a  survey,  select  and  locate 
a  line  for  a  harbor  embankment  oi"  seawall,  and 
malce  a  report  of  their  doings  to  said  Commission- 
ers, who  shall,  after  receiving  the  same,  appoint 
a  time  for  holding,  at  the  office  of  the  Board,  a 
special  meeting  of  the  Board,  to  consider  the  ques- 
tion of  adoption  or  rejection  of  the  same.  The 
Board  sliall,  at  least  ten  days  previous  to  said 
meeting,  notify  the  Governor  of  the  State,  and 
the  Mayor  of  the  City  of  San  Diego,  and  the  May- 
or of  National  City  of  the  time,  place,  and  object 
of  said  meeting  of  said  Board,  and  shall  request 
them  to  be  present  and  talie  part  in  the  considera- 
tion of  the  question;  and* at  said  meeting  or  any 
adjourned  meeting,  thereof,  the  Governor  and  said 
Mayors  shall  be  deemed  additional  members  of 
said  Board,  with  like  powers  and  rights  as  the 
other  members  thereof.  If  they  are  not  present 
at  the  meeting,  the  Board  shall  adjourn  to  a  day 
certain,  and  notify  tliem  anew  as  before;  and  if 
either  be  present  at  the  adjourned  meeting,  with 
tliree  Commissioners,  action  may  be  had,  and  an 
affirmative  vote  of  all  four  present  shall  determine 
the  question;  any  less  vote  sjaall  be  a  negative 
vote.  But  the  Board  may  order  new  surveys  and 
locations,  Avhich  may  be  adopted  or  rejected,  in 
like  manner  as  before.  If  the  vote  is  in  the  af- 
firmative, the  line  adopted  shall  be  thenceforth 
the  line  of  the  harbor  embankment  and  seawall  of 
the  harbor  of  San  Diego. 


§§  2589-2591  Harbor  Commissioners.  540 

§  2589.  On  and  after  the  passage  of  this  Act, 
the  Treasurer  of  the  State  shall  keep  the  money 
remitted  to  him  by  the  Board  of  State  Harbor 
Commissioners  for  San  Diego  to  the  credit  of  a 
fund  to  be  Icnown  as  the  San  Diego  Harbor  Im- 
provement Fund,  after  which  all  drafts  drawn  by 
this  Board  shall  be  paid  by  the  Treasurer  out  of 
the  San  Diego  Harbor  Improvement  Fund. 

§  2590.  The  State  Treasurer  shall  receive  all 
moneys  paid  by  the  State  Harbor  Commissioners 
for  San  Diego,  and  lieep  the  same  in  a  separate 
fund,  to  be  linown  as  the  San  Diego  Harbor  Im- 
provement Fund,  and  pay  out  the  same  as  pro- 
vided for  in  this  article,  and  shall  keep  an  accur- 
ate account  of  all  moneys  received  by  him  and 
paid  out  under  the  authority  of  this  article,  in 
books  kept  solely  for  that  purpose,  which  said 
books  shall  be  open  at  all  times  to  the  inspection 
of  the  Governor  and  Controller  of  State,  and  of 
any  committee  appointed  by  the  Legislature,  or  by 
eitlier  branch  thereof. 

§  2591.  When  the  Commissioners  determine  to 
construct  any  part  of  the  seawall,  they  must  ad- 
vertise for  sealed  proposals  for  not  less  than  thirty 
days,  in  not  less  than  two  daily  papers  in  San 
Diego.  Tlie  advertisement  must  give  a  full  and  ac- 
curate description  of  the  work  to  be  done,  the 
place  where  to  be  done,  and  the  material  to  be 
used.  On  the  day  dated  in  the  advertisement  the 
bids  must  be  opened  in  the  presence  of  such  bid- 
ders as  are  present,  and  the  contract  awarded  to 
the  lowest  bidder,  who"  shall  give  a  bond  with  two 
or  more  responsible  sureties,  to  be  approved  by 
the  Commissioners,  for  the  due  performance  of  the 
Avork.  Their  approval  must  be  indorsed  on  said 
bond.  If,  in  the  opinion  of  the  Commissioners, 
the  bids  are  too  high,  they  shall  reject  them  and 
advertise  anew  in  like  manner  as  before.  And  if, 
in  tlie  ojiinion  of  the  Commissioners,  the  second 
bids  are  also  too  high,  they  shall  reject  them  like- 
wise, and  may  enter  into  a  contract  with  respon- 
sible parties  without  giving  further  notice.  The 
parties  entering  into  a  private  contract  with  the 
Commissioners  must  give  a  bond,  with  two  or 
more  responsible  persons  as  sureties,  to  be  ap- 
proved, by  the  Commissioners,  which  approval 
shall  be  by  writing  indorsed  upon  said  bond,  con- 


541  Harbor  Commissioners.  §  2591 

ditioned  for  the  faitliful  performance  of  the  con- 
tract. But  the  consideration  agreed  to  be  paid  in 
any  contract  entered  into  without  giving  public 
notice  must  be  five  per  cent  lower  than  the  low- 
est responsible  bid  rejected.  The  work  to  be  per- 
formed under  any  one  contract  shall  not  exceed 
one  thousand  lineal  feet  of  harbor  embanliment 
or  seawall.  But  the  Commissioners  may  enter 
into  as  many  contracts  at  the  same  time  as  they 
deem  expedient;  provided,  the  amount  in  the  Har- 
bor Improvement  Fund,  together  with  the  revenue 
estimated  to  accrue  pursuant  to  section  (2582) 
twenty-five  hundred  and  eighty-two  of  the  Polit- 
ical Code  shall  be  sufficient  to  meet  the  contract 
price  of  such  work,  after  deducting  the  current 
expenses  of  the  Commission  and  tlie  amount  re- 
quired for  the  erection  and  repair  of  the  wharves, 
dredging  the  docks  and  slips  and  incidental  ex- 
penses; but  in  no  event  shall  the  State  be  liable 
on  such  contracts  foi-  any  deficiency  in  the  Har- 
bor Improvement  Fund.  Sepai'ate  contracts  may 
be  entered  into  for  the  dredging  of  a  canal  for 
the  receptioii  of  the  rock  required  for  the  con- 
struction of  a  harbor  embanlvment;  provided,  that 
the  advertising  of  sealed  proposals,  the  receiving 
and  opening  of  bids,  and  the  awarding  of  con- 
tracts required  in  this  section,  shall  be  complied 
with  in  the  letting  of  such  work  in  separate  con- 
tracts. The  Commissioners  may,  if  in  their  opin- 
ion it  will  be  more  economical,  dredge  with  the 
dredger  belonging  to  the  State  the  channel  nec- 
essary for  the  reception  of  the  stone  used  in  the 
constiMiction  of  tlie  seawall.  No  contractor  who 
enters  into  a  contract  to  construct  any  portion  of 
said  seawall  shall  be  required  to  commence  the 
work  in  less  than  thirty  days  after  the  award- 
ing of  the  contract.  The  Board  shall,  at  least  ten 
days  previous  to  the  holding  of  any  meeting  as 
provided  in  this  section,  notify  the  Governor  of 
this  State  and  the  Mayors  of  San  Diego  City  and 
National  City  of  the  time  and  place  and  ob.iect  of 
the  meeting,  and  request  them  to  be  present  and 
take  part  therein;  and  at  said  meeting  the  Gov- 
ernor and  the  Mayors  of  the  City  of  San  Diego 
and  of  National  City  shall  be  deemed  additional 
members  of  said  board,  with  like  powers 
and  rights  as  other  members  thereof;  and 
no  contract  shall  be  entered  into  under  the 
authority  of  this  section  without  the  con- 
Pol.  Code— 46. 


§§  2592,2593  Harbor  Commissioners.  542 

sent  of  eitlier  the  Governor  or  Mayor  of  San 
Diego  City,  or  the  Mayor  of  National  City. 
Every  proposal  shall  be  accompanied  by  a  certi- 
fied check  for  an  amount  equal  to  five  per  cent  of 
the  amount  of  such  proposals,  to  be  made  payable 
to  the  order  of  the  Secretary  of  the  Board,  condi- 
tioned that  if  the  proposals  are  accepted  and  the 
contract  awarded,  and  if  the  bidder  shall  fail  or 
neglect  to  execute  the  contract  and  give  the  bond 
required  within  six  days  after  the  award  is  made, 
in  that  case  said  sum  mentioned  in  said  check 
shall  be  deemed  liquidated  damages  for  such  fail- 
lu-e  and  neglect,  and  shall  be  paid  into  the  San 
Diego  Harbor  Improvement  Fund,  and  all  con- 
tracts made  ])ursuant  to  this  title  shall  provide, 
under  penalties  of  forfeiture  of  contract,  at  the 
option  of  the  Commissioners,  that  no  Chinese  or 
Mongolian  labor  shall  be  employed  on  the  work. 
The  right  to  construct,  maintain,  and  operate 
I'ailways  on  said  bulkheads,  embankment,  or  sea- 
wall, shall  vest  absolutely  in  said  Board  of  Har- 
bor Commissioners,  to  be  operated  by  them  with 
their  own  engines,  and  at  such  charges  as  they 
may  see  fit  to  make,  but  they  shall  give  all  rail- 
roads terminating  at  the  Bay  of  San  Diego  equal 
facilities  for  bringing  ship  and  car  together;  and 
as  long  as  they  have  no  engines  of  their  own,  they 
may  hire  such  engines,  or  temporarily  allow  rail- 
road or  other  companies  to  move  their  cars  with 
other  suitable  engines. 

§  2592.  The  Commissioners  shall,  on  or  before 
the  first  day  of  October,  A.  D.  eighteen  hundred 
and  ninety,  and  every  two  years  thereafter,  make 
to  the  Governor  a  full  report  of  all  moneys  by 
them  received  and  disbursed,  stating  specifically 
for  what  the  same  was  received  and  for  what  pur- 
poses expended,  and  shall  give  a  concise  account 
of  all  improvements  made,  and  the  general  con- 
dition of  the  property  under  their  charge. 

§  2593.  In  case  the  lines  of  the  waterfront  of 
the  City  of  San  Diego  or  of  any  city  or  town  on 
the  Bay  of  San  Diego,  or  the  lines  of  any  of  the 
streets  of  any  city  or  town  ending  at  said  water 
line,  shall  be' changed  by  authority  of  this  article, 
the  Commissioners  shall  cause  to  be  made  two  ac- 
curate maps  of  survey  showing  such  change, 
which  maps  shall  be  dated,  certified,  and  signed 


543  Harbor  Coramlssioners.  §§  2594-2596 

by  the  Engineer  of  tbe  Board  and  Commissioners, 
and  one  filed  in  the  office  of  the  Recorder  of  said 
county,  and  tlie  other  in  tlie  otHce  of  the  Board. 
After  being  so  filed,  they  shall  be  considered  and 
treated  as  official  maps  by  all  the  Courts  of  record 
in  the  State. 

§  2594.  If  any  master,  agent,  or  owner  of  any 
watercraft  shall  refuse  or  neglect  to  obey  the  law- 
ful orders  or  directions  of  the  Chief  Wharfinger 
in  any  matter  pertaining  to  the  regulations  of 
said  harbor,  or  the  removal,  or  stationing  of  any 
watercraft,  such  master,  agent,  or  owner  so  re- 
fusing or  neglecting  is  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  before  any  Court  o^" 
competent  jurisdiction,  shall  be  punisned  by  a  fine 
not  to  exceed  three  hundred  dollars,  or  by  impris- 
onment not  to  exceed  one  hundred  days  in  the  jail 
of  the  City  of  San    Diego. 

§  2595.  All  persons  are  forbidden  to  deposit  or 
cause  to  be  deposited  in  the  waters  of  the  harbor 
of  San  Diego,  as  described  in  the  preceding  sec- 
tions, any  substance  that  will  sinl^^  and  form  an 
obstruction  to  navigation,  witlaout  first  obtaining 
permission  in  writing  of  the  Board  of  State  Har- 
bor Commissioners,  which  permission  shall  de- 
scribe, with  an  ordinary  degree  of  certainty,  the 
place  where  such  deposit  may  be  made,  and  the 
Secretary  of  the  Board  shall  record  such  permis- 
sion. Any  person  violating  the  prohibition  con- 
tained in  this  section  is  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  before  a  Court  of 
competent  jurisdiction,  shall  be  fined  not  less 
than  one  hundred  or  more  tlian  five  hundred  dol- 
lars, or  imprisoned  in  tlie  jail  of  the  City  of  Sar 
Diego  not  less  than  thirty  nor  more  than  ninety 
days. 

§  2596.  It  shall  not  be  lawful  for  any  person  to 
drive  a  liorse,  or  mule,  or  any  vehicle  drawn  by 
one  or  more  liorses  or  mules,  used  in  the  removal 
of  merchandise,  upon  any  wharf,  pier,  quay,  land- 
ing, or  thoroughfare,  faster  than  a  walk.  Any 
person  violating  the  prohibition  in  this  section  con- 
tained is  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  in  any  Court  of  competent  jurisdic- 
tion.  shnll  be  fined  not  less  tlian  twenty  dollars, 
or  imprisoned  in  the  jail  of  tlie  City  of  San  Diego 
not  less  than  ten  days. 


§§  2597-2603  Harbor  Commissioners.  544 

§  2597.  The  Police  Court  of  the  City  of  San 
Diego  shall  have  jurisdiction  to  try  all  cases  of 
misdemeanor  arising  under  this  article. 

§  2598.  No  person  shall  be  appointed  to  any 
office  by  virtue  of  this  article,  nor  be  employed  in 
the  service  of  tlie  Board,  unless  he  be  a  qualified 
elector  of  the  State;  nor  shall  any  person  be  so 
appointefl  or  employed  who  is  interested  in  any 
vessel  sailing  or  plying  in  and  out  of,  or  on  the 
inland  waters  of  the  Bay  of  San  Diego,  as  owner, 
mortgagee,  or  otherwise,  or  as  a  stockholder  in 
any  company  owning  such  vessels,  or  who  is  the 
consignee,  the  general  or  freight  agent,  or  man- 
ager of  any  such  vessels,  or  agent  or  other  em- 
ployee of  the  owner  of  any  such  vessels,  or  who 
is  engaged  in  the  business  of  marine  insurance,  or 
of  procuring  such  insurance,  or  who  is  engaged  as 
a  stevedore  in  loading  and  discharging  such  ves- 
sels. No  person  not  a  citizen  of  tlie  United  States 
shall  be  employed  either  as  a  contractor  or  laborer 
on  any  worli  done  under  this  article. 

§  2599.  All  official  bonds  required  to  be  given, 
by  authority  of  this  article,  shall  be  to  the  people 
of  the  State  of  California. 

§  2600.  The  Board  of  State  Harbor  Commis- 
sioners for  the  Bay  of  San  Diego  shall  procure 
and  adopt  a  seal. 

§  2601.  No  tolls  or  wharfage  shall  be  collected 
fi'om  travelers  going  on  board  or  leaving  any 
steamer  or  ferry,  or  upon  their  carriages  or  bag- 
gage, nor  from  any  person  or  vehicle  employed  to 
transport  or  convey  said  baggage  to  or  from  any 
steamer  or  ferry,  nor  for  empty  packages  return- 
ed to  tlie  wharf  or  any  vessel;  nor  for  domestic 
supplies  for  private  individuals,  intended  for  con- 
sumption and  not  for  sale,  weighing  less  than  one 
hundred  pounds. 

§  2602.  The  revenue  collected  and  disbursed 
by  authority  of  this  article  shall  be  gold  and  silver 
coin  of  the  United  States. 

§  2603.  It  is  hereby  made  the  duty  of  the 
Board  of  Police  Commissioners  of  the  City  of  San 
Diego  to  appoint  such  number  of  Wharfingers  and 
Toll  Collectors,  special  policemen,  as  such  Com- 


545  Harbor  Commissioners.  §  2604 

missioners  shall  request  in  writing,  such  Police 
Commissioners  to  appoint,  and  also  shall  furnish 
such  special  policemen  the  usual  badge  of  office, 
Avhich  shall  be  paid  for  by  the  Commissioners; 
such  appointments  must  be  renewed  once  in  each 
year.  The  jurisdiction  of  such  special  policemen 
shall  be  coextensive  with  the  premises  described 
in  this  article,  and  tlieir  terms  of  office  as  such 
Whartingers   and   Toll   Collectors. 

§  2604.  Wharfage  or  merchandise  must  be 
paid  by  and  collected  directly  from  the  master, 
owner,  or  consignee  of  vessel,  and  the  owner, 
agent,  or  manager  of  railroad  cars  using  or  pass- 
ing over  the  wharves  or  other  landing  places,  and 
the  Board  must,  as  soon  as  practicable,  adopt 
proper  regulations  for  putting  such  mode  of  col- 
lection into  effect;  and  thereafter  no  tolls  must  be 
collected  by  the  load  or  vehicle,  or  merchandise 
passing  on  or  off  the  wharves  or  other  landing 
places;  provided,  the  wharfage  or  merchandise  to 
and  from  ferryboats,  other  than  those  transport- 
ing railroad  cars,  may  be  collected  in  such  mode 
as  the  Board  may  direct,  the  master,  owner,  or 
consignee  of  every  vessel,  and  the  ownei",  agent, 
or  manager  of  every  railroad  car  using  or  passing 
over  any  wharf  or  landing  place,  must  deliver  to 
the  Wharfinger,  or  other  officer  of  the  Board,  on 
its  arrival,  and  before  commencing  to  discharge, 
after  receiving  its  cargo  or  load,  and  before  its 
departure,  a  full  and  correct  statement  of  the 
quantity  of  merchandise  intended  to  be  discharged 
fi'om,  or  which  has  been  received  by,  such  vessel 
or  car,  and  must  pay  to  said  Wharfinger,  or  other 
officer  of  the  Board,  the  amount  of  wharfage  due 
on  said  merchandise.  In  case  any  person  shall 
neglect  or  refuse  to  deliver  such  statement,  or 
shall  willfully  malie  a  false  statement,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  con- 
viction, shall  be  fined  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding  one  hun- 
dred days,  or  by  both  such  fine  and  imprisonment. 
In  case  no  such  statement  be  delivered,  or  pay- 
ment of  the  wharfage  be  not  so  made,  the  vessel 
or  car  may  be  removed  by  the  Wharfinger  from 
the  wharf,  or  other  landing  place,  at  the  expense 
of  the  master,  OAvner,  or  consignee  of  such  vessel, 
or  owner  or  agent  or  manager  of  such  car,  and 
may  be  excluded  from  all  the  wharves  or  other 


§  2004  Harbor  Commissioners.  546 

laudjug  places  until  such  statement  is  delivered, 
ur  payment  is  made.  In  case  the  master,  owner, 
or  consignee  of  any  vessel,  or  the  owner,  agent,  or 
manager  of  any  railroad  car  using  or  passing  over 
any  wharf  or  other  landing  place,  shall  discharge 
or  allow  to  be  discharged  from  such  vessel  or  car 
any  part  of  its  cargo  or  load  before  the  amount 
of  wharfage  due  thereon  has  been  fully  paid,  or 
shall  receive  or  allow  to  be  received  on  such  ves- 
sel or  car  any  part  of  its  cargo  or  load  before  the 
deposit  or  guaranty  hereinafter  provided  is  made 
or  given,  he  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thei-eof,  shall  be  fined 
not  exceeding  five  hundred  dollars,  or  imprison- 
ment not  exceeding  one  hundred  days,  or  by  both 
siicli  fine  and  imprisonment.  The  several  Wharfin- 
gers are  authorized  and  empowered  to  make  ar- 
rests without  warrants  in  all  cases  of  misde- 
meanor herein  stated,  and  are  hereby  made  peace 
otficers  for  that  purpose;  and  the  Police  Judge's 
Court  of  the  City  of  San  Diego  shall  have  juris- 
diction of  such  cases.  The  moneys  received  on 
nccouut  of  fines  must  be  paid  to  the  Board  of  Har- 
liur  Commissioners;  provided,  that  any  person  so 
arrested,  may.  at  the  discretion  of  the  Board,  be 
discharged  at  any  time  before  trial  on  his  delivery 
of  the  statement  and  making  payment  of  the 
wharfage  as  required  herein,  together  with  all 
costs  of  such  arrest  and  prosecution.  The  Board 
may  by  written  permits,  release  parties  from  the 
obligation  to  deliver  the  statement  or  pay  the 
wharfage  at  the  times  herein  stated;  provided, 
that  before  any  part  of  the  cargo  or  load  of  such 
vessel  or  car  is  discharged  or  received,  a  deposit 
be  made  with  the  said  Board  sufiicient  to  pay  the 
wharfage  on  the  merchandise  intended  to  be  dis- 
charged, or  received,  or  a  proper  and  sufficient 
guaranty  or  obligation  in  writing  be  given  to 
them  that  the  said  statement  will  be  delivered, 
and  payment  of  the  wharfage  be  made  before 
sucli  vessel  or  car  sliall  depart  from  its  wharf  or 
other  landing  place,  or  at  such  other  time  as  stated 
in  such  guaranty  or  obligation.  Such  guaranty 
shall  be  deemed  an  original  obligation  on  the  part 
of  tlie  guarantor,  and  no  other  consideration  there- 
for need  exist  or  be  expressed  than  the  acceptance 
of  said  permit.  Nothing  in  this  section  shall  be 
deemed  to  divert  the  lien  on  merchandise  for  its 
wliarfage,  as  provided  in  section  two  thousand  five 
hundred  and  twenty-four  of  the  Political  Code. 


547  Harbor  Commissioners.   §§  2605-2607 

§  2605.  Whenever  tlie  Board  of  State  Harbor 
Commissioners  for  San  Diego  shall  have  located 
a  line  for  a  harbor,  embanliment  or  seawall  for 
any  part  of  the  liarbor,  as  provided  iu  section  two 
thousand  live  hundred  and  eighty-nine,  they  shall 
malve  a  plan  and  plat  of  all  the  lands  of  the  State 
included  between  the  said  embankment  and  shoi'e 
line  of  the  bay,  and  file  a  copy  of  the  same  with 
the  Recorder  of  the  County  of  San  Diego.  The 
Commissioners  shall  have  the  right  to  lease  said 
lauds  under  such  established  rules  and  regula- 
tions as  they  may  adopt  and  publish.  But  no 
lease  shall  be  made  or  be  valid  for  a  term  of  more 
than  ten  years,  nor  shall  .any  leases  be  made  or  be 
valid  except  made  to  the  highest  bidder,  at  pub- 
lic auction,  after  notice  has  been  given  in  the  offi- 
cial newspaper  of  the  city,  daily,  for  at  least  thir- 
ty days  prior  to  said  auction.  And  all  leases  shall 
provide  for  the  payment  of  monthly  rentals;  and 
that  the  lessee  or  his  assigns  sliall  not  use  said 
lands  in  any  manner  to  decrease  the  amount  of  the 
tidal  Avaters  of  the  bay;  and  shall  also  provide  for 
the  forfeiture  of  said  leases  upon  non-fulfillment 
of  any  of  the  covenants  in  said  leases.  No  por- 
tion of  said  lands  shall  be  leased  in  one  lease  in 
quantity  to  exceed  one  acre,  nor  shall  the  leases 
of  more  than  three  acres  in  quantity  of  said  lands 
be  sold  at  any  one  public  auction.  All  funds  de- 
rived from  said  leases  shall  be  reported  to  and 
paid  out  from  the  State  Treasury,  as  provided  in 
section  two  thousand  five  hundred  and  eighty-four. 

§  2606.  No  special  privilege  or  franchise  grant- 
ed within  the  City  of  San  Diego  by  the  Commis- 
sioners to  any  person  or  corporation  to  use  any  of 
I  he  lauds  of  the  State,  or  tlie  extended  streets  pro- 
vided for  by  section  two  thousand  five  hundred 
and  eighty,  sliall  be  valid  until  the  same  be  rati- 
fied and  confirmed  l)y  ordinance  of  the  Comiiion 
Council  of  the  City  of  San  Diego. 

§  2607.  The  monthly  salaries  of  the  officers 
shall  be  as  follows:  Each  of  the  three  commis- 
sioners, twenty-five  dollars;  the  secretary,  who 
shall  be  elected  by  the  commissioners  from  their 
own  number,  one'huudred  dollars,  in  addition  to 
his  salary  as  commissioner.  The  salaries  and 
compensation  of  all  otlier  officers  and  employees. 
when  appointed,  shall  be  fixed  by  a  majority  of 


§  2G08  Harbor  Commissioners.  548 

the  board  of  harbor  commissioners,  and  all  sala- 
ries shall  be  paid  monthly  on  warrants  drawn  on 
the  San  Diego  harbor  improvement  fund,  and 
shall  be  signed  by  the  president  and  secretary  of 
the  board;  provided,  that  in  no  event  shall  the 
State  be  liable  for  the  salaries  of  the  members  of 
said  board  of  commissioners,  or  of  the  secretary 
thereof,  or  for  the  salary,  or  compensation  of  any 
officer  or  employee  elected  or  appointed  by  said 
board,  or  upon  any  contract  made  or  entered  into 
by  said  board.  And  it  is  hereby  expressly  pro- 
vided that  said  board  of  commissioners  shall  not 
create  any  liability  or  indebtedness  against  the 
State  in  any  manner  or  form  whatsoever,  and  any 
liability  or  indebtedness  so  created,  or  attempted 
to  be  created,  shall  be  absolutely  null  and  void. 
[Amendment  approved  March  10,  1891;  Stats.  1891, 
p.  69.     In  effect  immediately.] 

§  2608.  The  Attorney  General  of  the  State 
must  give  such  legal  advice  and  render  such  le- 
gal services  as  may,  from  time  to  time,  be  re- 
quired of  him  by  the  Commissioners,  in  connec- 
tion with  their  duties,  without  further  compen- 
sation. 


549  Highways.  §§  2618,2619 

CHAPTER  II. 

HIGHWAYS. 

Reconstructed  by  act  approved  February  28, 
1883,  in  accordance  with  article  IV,  section  25, 
subdivision  7,  of  tlie  Constitution:  See  note  follovs^- 
ing  section  2744. 

Article  I.    Enumeration   of  Higliways. 

II.     Rules    and    Restrictions    respecting     the     use    of 
Higliways. 

III.  Powers   and    Duties   of   Highway   OflBcers. 

IV.  Highway    Taxes. 

V.     Performance    of    Highway    Labor    and    Commu- 
tation. 
VI.     Laying  Out,   Altering,  and  Discontinuing  Roads. 
VII.     Erection  and  Maintenance  of  Bridges. 
VIII.    Obstructions   and   Injuries   to   Highways. 

ARTICLE  I. 

ENUMERATION   OF   HIGHWAYS. 

§  2618.  What   are  highways. 

S  2619.  Origin    of   highways. 

g  2620.  Width  of  highways. 

§  2621.  Vacation  of  highways. 

§  2622.  Record  of  proceedings  relating   to  roads  and   Ligh- 

ways. 

§  2623.  Title  to  roads. 

§  2618.  In  all  counties  of  this  State  public 
highways  are  roads,  streets,  alleys,  lanes,  courts, 
places,  trails,  and  bridges,  laid  out  or  erected  as 
such  by  the  public,  or  if  laid  out  or  erected  by 
others,  dedicated  or  abandoned  to  the  public,  or 
made  such  in  actions  for  tlie  partition  of  real 
property. 

Abandonment  of  toll  road:  Sec.  2799. 

Various  acts  relating  to  highways:  See  General 
Laws,  title  "Highways." 

§  2619.  Whenever  the  franchise  for  any  toll- 
bridge,  trail,  turnpilie,  planli  or  common  wagon 
road  has  expired  by  limitation  or  non-user,  such 
bridge,  trail,  turnpilie,  planlc  or  common  wagon 
road  becomes  a  free  public  higliway;  and  no  claim 
shall  be  valid  against  tlie  public  for  right  of  way, 
or  for  the  land  or  material  comprising  such  bridge. 


§§  2620-2623  Highways.  550 

trail,  turnpike,  plank,  or  common  wagon  road.  All 
public  hip-liways.  once  established,  shall  continue 
to  be  public  highways  until  abandoned  by  order  of 
the  Board  of  Supervisors  of  the  county  in  which 
they  are  situated,  or  by  operation  of  law,  or  judg- 
ment of  a  court  of  competent  jurisdiction. 

§  2620.  The  width  of  all  public  highways,  ex- 
cept bridges,  alleys,  and  lanes,  and  trails,  shall  be 
at  least  forty  feet.  The  width  of  all  private  high- 
ways and  by-roads,  except  bridges,  shall  be  at 
least  twenty  feet;  provided,  however,  that  noth- 
ing in  this  act  shall  be  so  construed  as  to  increase 
or  diminish  the  width  of  either  kind  of  highways 
already  established  or  used  as  such. 

§  2621.  A  road  laid  out  and  worked,  and  used 
as  provided  in  this  chapter,  shall  not  be  vacated 
or  cease  to  be  a  highway  until  so  ordered  by  the 
Board  of  Supervisors  of  tlie  county  in  which  said 
road  may  be  located;  and  no  route  of  travel  used 
by  one  or  more  persons  over  another's  land  shall 
hereafter  become  a  public  road  or  byway  by  use, 
or  until  so  declared  by  the  Board  of  Supervisors 
or  by  dedication  by  the  owner  of  the  land  affected. 

§  2622.  The  Clerk  of  the  Board  of  Supervisors 
sliall  include  in  the  minutes  of  the  Board  of  Su- 
pervisors all  proceedings  of  the  Board  relative  to 
each  road  or  road  district,  including  orders  for 
laying  out,  altering,  and  opening  roads;  he  must 
also  keep  a  Road  Register,  in  which  must  be  en- 
tered the  number  and  name  of  each  public  high- 
way in  the  county,  a  sreneral  reference  to  its  ter- 
minal points  and  course,  also  the  date  of  the  filing 
of  the  petition  or  other  papers,  a  memorandum  of 
every  subsequent  proceeding  in  reference  to  it, 
with  the  date  thereof,  and  the  folio,  and  the  vol- 
ume of  the  minute  booli  where  it  is  recorded. 

§  2623.  Any  road  laid  out  by  the  Board  of  Su- 
pervisors as  provided  in  this  chaptei*.  or  used  and 
worked  as  therein  provided,  shall  not  be  vacated 
or  cease  to  be  a  highway  until  so  ordered  by  said 
board;  and  each  county  shall  be  deemed  to  have 
acquired  title  to  any  road  opened  over  any  land  in 
conformity  to  any  order  made  by  Its  board  of  su- 
pervisors pursuant  to  this  chapter  after  one  year 
shall  have  elapsed  from  the  time  of  making  the 
order  opening  the  road.  [New  section  added  April 
6,  1891;  Stats.  1801.  p.  508.] 


551  Highways.  §§  2631-2633 


ARTICLE    II. 

RULES    AND    RESTRICTIONS    RESPECTING    THE    USE 
OP    HIGHWAYS. 

§  2331.    The   public   easement. 

§  2632.    Adjoining    owner    may    construct    sidewalk. 

§  2633.     May    plant    trees. 

§  2631.  By  taking  or  accepting  land  for  a  high- 
way, the  public  acquire  only  the  right  of  way,  and 
the  iucidents  necessary  to  enjoying  and  maintain- 
ing tlie  same,  subject  to  the  regulations  in  this 
and  the  Civil  Code  provided. 

Various  acts  relating  to  liighways:  See  General 
Laws,  title  "Highways." 

§  2632.  Any  owner  or  .occupant  of  land  may 
construct  a  sidewalli  on  the  highway  along  the 
line  of  his  land,  subject,  however,  to  the  authority 
conferred  bj^  law  on  the  Board  of  Supervisors  and 
the  Commissioners  of  Highways;  aud  any  person 
using  such  sidewalli  with  mule,  horse,  or  team, 
without  permission  of  the  owner,  is  liable  to  such 
owner  or  occupant  in  the  sum  of  five  dollars  for 
each  trespass,  and  for  all  damages  suffered  there- 
by. 

§  2633.  Any  owner  or  occupant  of  land  adjoin- 
ing a  highway  not  less  than  three  rods  wide,  may 
plant  trees  in  and  along  said  highway  on  the  side 
contiguous  to  his  land.  They  must  be  set  in  regu- 
lar rows,  at  a  distance  of  at  least  twenty  feet  from 
each  other,  and  not  more  than  six  feet  from  the 
boundary  of  the  highway.  If  the  highway  is  more 
than  eighty  feet  wide,  the  row  must  not  be  less 
than  six  nor  more  than  twelve  feet  from  the  boun- 
dary of  the  highway.  Whoever  willfully  injures 
any  of  them  is  liable  to  the  owner  or  to  the  occu- 
pant for  the  damage  which  is  thereby  sustained; 
provided,  if,  in  the  judgment  of  the  Board  of  Su- 
pervisors, tlie  whole  width  of  such  road  is  needed 
for  use  for  highway  purposes,  the  whole  thereof 
may  be  so  used.  [Amendment  approved  March  9. 
1893;  Stats.  1893,  p.  113.     In  effect  immediately.] 


§§  2641-2643  Highways.  552 

ARTICLE  HI. 

POWERS  AND   DUTIES  OP  HIGHWAY   OFFICERS. 

§  2643.  Road    districts. 

§  2642.  Road  Overseers. 

§  2643.  Duties    of    Supervisors    respecting    roads. 

§  2644.  Overseers   to   give   bond   and   take   oath. 

§  2645.  Duties  of  Road  Overseer. 

§  2646.  Repealed. 

§  2641.  The  Board  of  Supervisors  of  the  sev- 
f'val  counties  sliall  divide  their  respective  counties 
into  suitable  road  districts,  and  may  change  tlie 
boundaries  thereof,  and  each  Supervisor  shall  be 
ex  officio  road  commissioner  in  his  supervisor  dis- 
trict, and  shall  see  tliat  all  orders  of  the  board  of 
supervisors  pertaining  to  the  roads  in  his  district 
are  properly  executed;  provided,  when  in  any 
county  the  members  of  the  Board  of  Supervisors 
thereof  are  not  elected  by  districts,  it  shall  be  the 
duty  of  such  board,  by  proper  order,  to  be  en- 
tered in  its  records,  to  divide  such  county  into  su- 
pervisor districts  to  correspond  with  the  number 
of  members  of  such  board,  and  to  assign  to  each 
member  thereof  one  of  such  districts,  of  which  he 
sliall  be  such  road  commissioner;  when  not  other- 
wise provided  by  law,  he  shall  receive  for  his  ser- 
vices as  such  road  commissioner  twenty  cents  per 
mile,  one  way.  for  all  distances  actually  traveled 
by  him  in  the  performance  of  his  duties;  provided, 
that  he  shall  not,  in  any  one  year,  receive  more 
than  three  hundred  dollars.  [Amendment  ap- 
proved March  9,  1893;  Stats.  1893,  p.  113.  In  ef- 
fect immediately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  474. 

§  2642.  From  and  after  the  Monday  following 
the  first  day  of  January,  A.  D.  eighteen  hundred 
and  ninety-three,  the  office  of  road  overseer  shall 
be  abolished;  provided,  that  whenever  in  this  code 
the  words  "road  overseer"  occur,  they  shall  be 
taken  and  construed  so  as  to  read  road  commis- 
sioner. [Amendment  approved  March  31.  1891; 
Stats.  1891,  p.  474.  In  effect  after  the  Monday  fol- 
lowing the  first  day  of  January,  1893.] 

§  2643.    The  Boards  of  Supervisors  of  the  sev- 


553  Highways.  §  2643 

eral  counties  of  the  State  shall  have  general  su- 
pervision over  the  roads  within  their  respective 
counties.     They  must,  by  proper  order: 

1.  Cause  to  be  surveyed,  viewed,  laid  out,  re- 
corded, opened,  and  worked,  such  highways  as  are 
necessary  to  public  convenience,  as  in  this  chap- 
ter provided; 

2.  Cause  to  be  recorded  as  highways  all  high- 
ways which  have  become  such  by  usage,  dedica- 
tion, or  abandonment  to  the  public,  or  by  any 
other  means  provided  by  law,  and  to  prepare  and 
record  proper  deeds  and  titles  thereto; 

3.  Abolish  or  abandon  such  as  are  not  neces- 
sary; 

4.  Acquire  the  right  of  way  over  private  prop- 
erty for  the  use  of  public  highways,  and  for  that 
purpose  require  the  District  Attorney  to  institute 
proceedings  under  title  seven,  part  three,  of  the 
Code  of  Civil  Procedure,  and  to  pay  therefor  from 
the  general  road  fund,  or  the  district  road  fund  of 
the  county; 

5.  Levy  a  property  tax  for  road  purposes; 

6.  Cause  to  be  erected  and  maintained,  at  the 
intersections  and  crossings  of  highways,  guide- 
posts,  properly  inscribed; 

7.  Cause  the  road  tax  collected  each  year  to  be 
apportioned  to  the  several  road  districts  entitled 
thereto,  and  kept  by  the  County  Treasurer  in  sep- 
arate funds; 

8.  Audit  all  claims  on  the  funds  set  apart  for 
highway  purposes,  and  specify  the  fund  or  funds 
from  which  the  whole  or  any  part  of  any  claim  or 
claims  must  be  paid; 

9.  In  their  discretion,  they  may  provide  for  the 
establishment  of  gates  on  the  public  higliways  in 
certain  cases,  to  avoid  the  necessity  of  building 
i-oad  fences,  and  prescribe  rules  and  regulations 
for  closing  the  same,  and  penalties  for  violating 
said  rules;  provided,  that  the  expense  for  the  erec- 
tion and  maintenance  of  such  gates  shall  in  all 
cases  be  borne  by  the  party  or  parties  for  whose 
immediate  benefit  the  same  shall  be  ordered; 

10.  For  the  purpose  of  watering  roads  in  any 
part  of  the  county,  the  Board  of  Supervisors  may 
erect  and  maintain  waterworks,  and  for  such  pur- 
pose may  purchase  or  lease  real  or  personal  prop- 
erty. The  costs  for  such  waterworks  and  the  wa- 
tering of  said  roads  may  be  charged  to  the  general 

Pol.  Code— 47. 


§  2643  Highways.  554 

county  fund,  the  general  road  fund,  or  the  dis- 
trict fund  of  the  district  or  districts  benefited; 

11.  Whenever  it  shall  be  determined  that  any 
grading,  graveling,  macadamizing,  ditching, 
sprinliting,  or  other  worli  upon  highways  is  neces- 
sary, and  is  to  be  done,  and  where  the  estimated 
cost  of  sucli  worlv  amounts  to  three  hundred  dol- 
lars, the  Board  of  Supervisors  must,  by  proper 
order,  direct  tlie  County  Surveyor  to  malie  definite 
surveys  of  tlie  proposed  worli,  and  to  prepare  pro- 
files and  cross-sections  thereof,  and  to  submit  the 
same,  with  tlie  estimate  of  the  amount  or  amounts 
of  worlv  to  be  done,  and  the  cost  thereof,  and  with 
specifications  therefor.  Said  report  shall  be  pre- 
pared in  duplicate,  one  copy  to  be  filed  in  the  sur- 
veyor's ofiice,  and  the  other  to  be  filed  with  the 
clerlv  of  the  Board  of  Supervisors.  The  Board, 
upon  receipt  of  such  report,  must  advertise  for 
bids  for  the  performance  of  the  worl^  specified. 
Such  advertisement  for  bids  must  be  published  for 
two  weelvs  in  two  newspapers,  one  published  at 
the  county  seat  and  the  other  at  a  point  nearest 
the  proposed  work.  Sucii  advertisement  must  be 
in  the  following  form: 

"Office  of  the  Clerli  of  the  Board  of  Supervisors, 
County, ,  189—. 

"Seale^l  bids  will  be  received  by  the  clerlv  of  the 

Board  of  Supervisors  of County,  at  his  office. 

until o'clock,  —  M., ,  189—,  for 

•  ,  on  ,  in District,  in  

County. 

"Specifications  for  this  work  are  on  file  in  the 
oflice  of  the  said  board,  to  which  bidders  are  here- 
by referred.  , 

"Clerk  of  the  Board  of  Supervisors  of  the  County 
of  ." 

And  such  advertisement  must  also  be  posted,  for 
at  least  two  weeks  prior  to  the  opening  of  the  bids 
for  the  ]3roposed  work,  in  three  conspicuous  places 
in  the  district  or  districts  in  which  the  proposed 
work  lies,  and  one  at  the  site  of  the  proposed 
work.  Bids  must  be  inclosed  in  a  sealed  envelope, 
addressed  to  the  clerk  of  the  Board  of  Supervisors. 

and  must  be  indorsed,  "Bids  for ,"  and  must 

be  delivered  to  said  clerk  prior  to  the  hour  speci- 
fied in  the  advertisement.  The  board  shall  pub- 
licly open  and  read  such  bids  as  may  be  submit- 
ted, and  must  award  the  contract  for  the  work  to 


555  Highways.  §  2644 

the  lowest  bidder;  unless  it  shall  appear  to  the 
board  that  the  bids  are  too  high,  and  the  work  can 
be  done  more  cheaply  by  day  labor,  in  which  case 
the  bids  must  be  rejected,  and  the  worli  ordered 
done  by  the  road  commissioner  or  commissioners 
in  whose  district  or  districts  the  worli  may  be  sit- 
uated. In  ease  the  worli  shall  be  let  by  contract, 
monthly  or  quarterly  payments  may  be  made 
thereon,  upon  the  receipt  of  a  certified  estimate  by 
the  County  Surveyor  of  the  amount  of  work  done 
during  the  preceding  month  or  quarter,  to  the  ex- 
tent of  seventy-five  per  cent  of  the  value  of  said 
work,  the  remaining  twenty-five  per  cent  being 
due  on  the  completion  of  the  work.  The  services 
of  tlie  surveyor  in  making  such  partial  estimates 
must  be  paid  for  by  the  contractor.  Upon  the 
completion  of  the  work  the  County  Surveyor  must 
examine  the  same,  and  if  completed  in  accordance 
with  the  specifications  therefor,  he  must  submit  to 
the  Board  of  Supervisors  a  certificate,  over  his 
signature  and  oflicial  seal  to  the  effect  that  such 
work  by  the  contractor  therefor  has  been  com- 
pleted in  accordance  with  tlie  specifications  there- 
for, and  recommending  its  acceptance.  The  board 
shall  thereupon  audit  the  same,  and  direct  its  pay- 
ment out  of  the  proper  fund  or  funds. 

12.  In  their  discretion  they  may  set  apart  on 
any  public  road  or  highway,  a  strip  of  land  not  ex- 
ceeding six  feet  in  width  for  a  side  path;  and  make 
an  order,  designating  the  widtli  of  such  path,  and 
cause  the  line  separating  the  path  from  the  road 
to  be  located  and  marked  by  stakes  or  posts  placed 
at  such  distances  apart  as  they  shall  deem  proper. 
Aftef  s.Tid  path  lias  been  set  apart  and  the  line 
separating  the  same  from  the  road  has  been  lo- 
cated and  marked,  as  aforesaid,  the  use  of  same  is 
hereby  restricted  to  pedestrians  and  riders  of  bi- 
cycles and  other,  vehicles  propelled  solely  by  the 
power  of  tlie  rider.  The  expense  of  erecting  and 
maintaining  such  path  may  be  charged  to  the  gen- 
eral county  fund,  tlie  general  road  fund,  and  the 
district  fund  of  the  distrir-t  or  districts  benefited. 
[Amendment  approved  March  31,  1897;  Amend- 
ments 1S97,  chap,  clxxxvi.    In  eflect  immediately.] 

§  2644.  No  claim  for  labor  performed  in  any 
road  district  shall  be  allowed  by  the  Board  of  Su- 
pervisors unless  the  same  be  accompanied  by  a 


§§  2645,2646  Highways.  556 

report  showing  where  the  labor  was  performed, 
the  nature  of  the  same,  and  the  number  of  ani- 
mals, and  the  kind  of  implements  used.  But  if 
said  labor  shall  be  performed  under  the  direction 
of  a  foreman  or  timelieeper,  said  foreman's  or 
timekeeper's  report  shall  cover  all  work  perform- 
ed under  his  direction,  and  shall  be  sufficient  to 
warrant  the  payment  of  all  claims  for  labor  so 
performed.  The  Board  of  Supervisors  shall  have 
power,  and  it  is  hereby  made  its  duty,  to  pre- 
scribe rules  and  blank  forms,  not  inconsistent 
with  the  laws  of  this  State,  for  the  making  of  the 
reports  herein  required.  [New  section  approved 
March  31,  1897:  Amendments  1897,  chap,  clxxvii. 
In  effect  July  1,  1897.] 

§  2645.  Road  commissioners,  under  the  direc- 
tion and  supervision  and  pursuant  to  orders  of  the 
Board  of  Supervisors,  must— 

1.  Take  charge  of  the  highways  within  their 
respective  districts,  and  shall  employ  all  men. 
teams,  watering  carts,  and  all  help  necessary  to 
do  the  work  in  their  respective  districts  when  the 
same  is  not  let  by  contract;  provided,  that  no  road 
commissioners  shall  be  interested,  directly  or  indi- 
rectly, in  any  contract  or  work  to  be  done  in  the 
road  district  under  his  charge  and  control. 

2.  Keep  them  clear  from  obstructions,  and  in 
good  repair,  and  destroy,  or  cause  to  be  destroy- 
ed, at  least  once  a  year,  all  thistles.  Mexican 
cockleburs,  of  any  kind,  and  all  noxious  weeds, 
growing  or  being  on  any  portion  of  the  public 
highways  or  public  roads  in  tlieir  respective  dis- 
tricts. 

3.  Cause  banks  to  be  graded,  bridges  and  cause- 
ways to  be  made  when  necessary,  keep  the  same 
in  good  repair,  and  renew  them  when  destroyed. 
[Amendment  approved  March  9.  1893;  Stats.  1893, 
p.  115.     In  effect  immediately.] 

Tliis  section  Avas  also  amended  at  the  session  of 
1891:  Stats.  1891,  p.  476. 

Department  of  highways:  See  Gener.nl  Laws, 
title  "Highways." 

Bureau  of  highways:  See  General  Laws,  title 
"Highways." 

§  2646.  [Repealed,  Stats.  1893,  p.  114.  In  ef- 
fect immediately.] 

The  section  above  repealed  was  amended  in  1891 
(Stats.  1891,  p.  477). 


557  Highways.  §  2651 


ARTICLE  IV. 

HIGHWAY   TAXES. 

§  2651.  General  road  fund. 

§  2652.  Road  poll  tax. 

§  2653.  Property  highway  tax. 

§  2654.  Assessment  and  collection  of  property  highway  tax. 

§  2655.  Taxes,    to   be   expended   in   districts. 

§  2651.  The  Board  of  Supervisors  may  annual- 
ly set  apart  from  the  property  road  tax  collected 
from  all  sources  a  sum  not  exceeding  thirty-five 
per  cent  of  the  aggregate,  for  general  county  road 
purposes,  to  be  known  as  the  General  Road  Fund 
of  the  county;  from  which  fund  so  set  apart  they 
may  direct  such  amounts  to  be  paid  as  may  be 
found  necessary  for  sucli  general  county  road  pur- 
poses in  which  the  inhabitants  of  all  the  districts 
within  the  county  are  more  or  less  interested,  or 
to  assist  weak  or  impoverished  districts  in  keep- 
ing their  roads  in  repair,  to  be  applied  as  the 
said  Board  may  order  or  direct;  provided,  that  the 
Boards  of  Supervisors  in  the  several  counties  shall 
have  no  power  to  create  a  debt  on  any  road  dis- 
trict in  excess  of  the  estimated  amount  of  re- 
ceipts from  said  district  for  the  current  year. 

2.  All  contracts,  authorizations,  allowances, 
payments,  and  liabilities  to  pay,  made  or  attempt- 
ed to  be  made  in  violation  of  this  act,  shall  be  ab- 
solutely void,  and  shall  never  be  the  foundation  or 
basis  of  a  claim  against  the  treasury  of  such  coun- 
ty. And  all  officers  of  said  county  are  charged 
with  notice  of  the  condition  of  the  treasury  of  said 
county,  and  the  extent  of  the  claims  against  the 
same. 

3.  All  Supervisors,  and  any  other  officer  au- 
thorizing or  aiding  to  authorize,  or  auditing  or 
allowing  any  claim  or  demand  upon  or  against 
said  treasury,  or  any  fund  thereof,  in  violation  of 
any  of  the  provisions  of  this  act,  shall  be  liable  in 
person,  and  upon  their  several  official  bonds,  to 
the  person  or  persons  damaged  by  such  illegal  au- 
thorization to  the  extent  of  his  loss  by  reason  of 
the  non-payment  of  his  claim. 

4.  The  Treasurer  paying  any  claim  authorized, 
allowed,  or  audited  in  violation  of  this  provision 
shall  be  liable  on  his  official  bond  to  refund  the 
same  to  the  County  Treasury. 


§§  2652,2653  Highways.  558 

§  2652.  The  Board  of  Supervisors  may,  annu- 
ally, at  any  regular  meeting  held  between  the 
first  days  of  JanuaiT  and  March  of  each  year, 
levy  on  each  male  person  over  twenty-one  and  un- 
der fifty-five  years  of  age  found  in  each  road  dis- 
trict during  the  time  for  the  collection  of  road 
poll  taxes  for  that  year,  excepting  all  persons  who 
were  honorably  discharged  from  service  in  the 
army  or  navy  of  the  United  States  at  any  time 
witliiu  the  first  day  of  April  in  the  year  of  our 
Lord  eighteen  hundred  and  sixty-one,  and  the 
first  day  of  September  in  the  year  of  our  Lord 
eigliteeu  hundred  and  sixty-five,  an  annual  road 
poll  tax  not  exceeding  three  dollars;  and  from 
every  such  person  not  above  excepted,  in  a  road 
district,  who  has  not  paid  the  same  in  some  other 
district,  must  be  collected  the  amount  of  road  poll 
tax  so  levied.  Said  road  poll  tax  sliall  be  collect- 
ed by  the  county  assessor  in  the  same  manner  that 
State  poll  taxes  are  collected,  and  all  remedies 
given  1)y  law  for  the  collection  of  State  poll  taxes 
shall  apply  to  and  be  in  force  for  the  collection 
of  road  poll  taxes.  Road  poll  tax  receipts,  in 
blaulv,  signed,  and  numbered  in  the  same  man- 
ner that  other  poll  tax  receipts  are  signed  and 
numbered,  shall  be  delivered  by  the  auditor  of  the 
county  to  said  county  assessor  on  or  before  the 
first  Monday  of  March  of  each  year;  and  said  as- 
sessor shall  be  charged  with  the  amount  of  such 
road  poll  tax  receipts  delivered  to  him,  and  be 
credited  with  those  returned,  and  shall  settle  with 
the  auditor,  and  pay  over  the  amounts  collecte*!, 
in  the  manner  provided  by  section  thirty-eight 
hundred  and  fifty-three  of  tJiis  code.  A  sum  not 
exceeding  thirty-five  per  cent  of  all  road  poll  taxes 
so  collected  may  be  apportioned  to  the  general 
road  fund,  and  the  balance  shall  be  apportioned  to 
the  several  districts  of  the  coimty  fi-om  which  said 
road  poll  tax  was  collected.  [Amendment  ap- 
proved March  31,  1891;  Stats.  1891.  p.  478.  In  ef- 
fect after  the  iSIoudav  following  the  first  day  of 
January,  1893.] 

§  2653.  The  Board  of  Supervisors  must  each 
year,  at  the  meeting  at  which  they  are  required 
to  levy  the  property  tax  for  county  purposes,  esti- 
mate the  pr()l)aijle  amount  of  property  tax  for 
highway  purposes  which  may  be  necessary  for  the 
ensuing  year,  over  and  above  the  road  tax,  and 


559  Highways.  §§  2654-2671 

must  regulate  and  fix  the  amount  of  property 
highway  tax,  and  levy  the  same  thereby;  pro- 
vided, that  said  property  tax  for  highway  pur- 
poses shall  not  exceed  the  sum  of  forty  cents  upon 
each  one  hundred  dollars  of  assessable  property 
in  any  one  year. 

§  2654.  The  annual  property  tax  for  road  pur- 
poses must  be  levied  by  the  Board  of  Supervisors 
at  their  session  when  the  tax  is  by  them  levied  for 
county  purposes.  This  property  road  tax,  when 
levied,  must  be  annually  assessed  and  collected 
by  the  same  officers  and  in  the  same  manner  as 
other  State  and  county  taxes  are  levied,  assessed, 
and  collected,  and  turned  over  to  the  County 
Treasurer  for  the  use  of  the  road  districts  from 
which  it  is  respectively  collected. 

§  2655.  All  property  road  tax  and  road  poll 
tax  collected  in  each  road  district  shall  be  expend- 
ed for  road  pui-poses  within  the  district  in  which 
it  is  collected,  subject  to  the  provisions  of  sec- 
tions two  thousand  six  hundred  and  fifty-one  and 
two  thousand  six  hundred  and  fifty-two. 


ARTICLE  V. 


PERFORMANCE    OF    HIGHWAY    LABOR    AND    COMMU- 
TATION. 

§  2671.    Employers    responsible    for      road      taxes     assessed 
against  employees. 

§  2671.  Corporations,  or  other  employers  of 
persons  in  any  road  district  subject  to  road  tax, 
are  chargeable  for  the  road  poll  tax  assessed 
against  their  employees  to  tlie  extent  of  any  cred- 
it in  their  hands  not  exceeding  such  tax;  pro- 
vided, the  Road  Overseer  shall  first  give  notice  to 
such  employer,  or  the  managing  agent  of  stich 
corporation,  and  from  the  time  of  sucli  notice,  the 
amount  of  any  credit  in  his  hands,  or  that  shall 
thereafter  accrue  sufficient  to  satisfy  said  tax, 
shall  be  paid  to  the  Road  Tax  Collector,  whose  re- 
ceipt shall  be  evidence  in  bar  of  the  prosecution 
of  any  action  by  the  employee  against  the  princi- 
pal for  the  recovery  of  the  same. 


§§2681,2682  Highways.  "  560 


ARTICLE  VI. 

LAYING      OUT,      ALTERING,       AND       DISCONTINUING 
ROADS. 

§  2681.  Who  may  apply  for  changes. 

§  2682.  Petition. 

§  2383.  Bond. 

§  2684.  Viewers. 

§  2685.  Duties  of  Viewers. 

§  2686.  Report  of  Viewers. 

§  2687.  Viewers    and    Surveyors,    how   paid. 

§  2688.  Proceedings   of   Board   in   hearing   report. 

§  2689.  Effect  of,  and  proceedings  on  approval  of  report. 

§  2690.  Proceedings    to    procure    right    of    way. 

§  2691.  Payment  of  awards  and  expenses. 

§  2692.  Private  roads,   how  opened. 

§  2693.  Record  of  transfer  of  right  of  way. 

§  2694.  Roads    crossing    railroads,    canals,    and    ditches. 

§  2695.  Fences  to  be  removed,  how. 

§  2696.  Acquiring  land. 

§  2681.  Any  ten  freeholders  vrho  will  be  ac- 
commodated by  the  proposed  road,  two  of  whom 
must  be  i-esidents  of  the  road  district  wherein 
any  part  of  the  proposed  road  is  situated,  and 
who  are  taxable  therein  for  road  purposes,  may 
petition,  in  writing,  the  board  of  supervisors  to 
alter  or  discontinue  any  road,  or  to  lay  out  a  new 
road  therein;  provided,  that  when  a  road  is  peti- 
tioned for  upon  the  dividing  line  between  two 
counties,  the  same  course  shall  be  pursued  as  in 
other  cases,  except  that  a  copy  of  the  petition 
shall  be  presented  to  the  Board  of  Supervisors  of 
each  county,  who  shall  appoint  viewers,  to  act 
jointly,  and  report  to  their  respective  boards  the 
action  of  such  viewers;  provided,  further,  that 
all  such  roads  shall  be  at  least  forty  feet  wide. 
[Amendment  approved  March  10,  1891;  Stats. 
1891,  p.  G4.] 

§  2682.  The  petition  must  set  forth  the  gen- 
eral route  of  the  road  to  be  abandoned,  discontin- 
ued, altered,  laid  out,  or  constructed,  and  the 
names  of  the  persons  over  Avhose  land  the  same 
is  to  run,  if  linown,  and  if  not  linown,  that  fact 
must  be  stated.  [Amendment  approved  April  6. 
1891;  Stats.  1891,  p.  509.     In  effect  immediately.] 


561  Hio:hways.  §§  2683-2686 

§  2683.  The  petitioners  must  accompany  the 
petition  witli  a  good  and  sufficient  bond,  to  be  ap- 
proved by  the  Board  of  Supervisors,  in  double  the 
amount  of  the  probable  cost  of  the  viewing  and 
laying  out  or  altering  of  any  road,  conditioned 
that  the  bondsmen  will  pay  all  the  costs  of  view- 
ing and  surveying  in  case  the  prayer  is  not 
granted. 

Viewing  and  surveying:  See  sec.  2686,  subdi- 
vision 6. 

§  2684.  Upon  filing  such  petition  and  bond, 
the  Board  of  Supervisors  may,  if  they  deem  it  ad- 
visable, appoint  three  viewers,  one  of  whom  must 
be  a  surveyor,  to  view  and  survey  any  proposed 
alteration  of  an  old  or  opening  of  a  new  road,  and 
submit  to  the  board  an  estimate  of  the  change, 
alteration,  or  opening,  including  the  purchase  of 
the  right  of  way,  and  their  views  of  the  necessity 
thereof.  [Amendment  approved  March  9,  1893; 
Stats.  1893,  p.  100;  in  effect  immediately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  65. 

§  2685.  The  road  viewers  must  be  disinterest- 
ed citizens  of  the  county;  but  not  petitioners.  They 
must  be  sworn  to  discharge  their  duties  faithful- 
ly, must  view  and  lay  out  the  proposed  alterations 
or  new  road  over  the  most  practicable  route,  and 
in  the  performance  of  this  duty  they  shall  be 
required  to  make  the  proposed  alterations  or  new 
road  over  the  same  lands  mentioned  in  the  peti- 
tion, but  shall  not  be  confined  to  any  particular 
route  indicated  therein.  The  viewers  must  notify 
tlie  resident  owner  or  agent  of  the  owner  of  the 
land  over  which  it  passes  of  the  proposed  route. 
A  majority  number  of  the  viewers,  providing  one 
shall  be  a  surveyor,  shall  be  competent  to  act  in 
all  matters  pertaining  to  their  duties  mentioned  in 
this  chapter.  The  Board  of  Supervisors,  in  mak- 
ing the  order  appointing  viewers,  may,  in  their 
discretion,  direct  said  viewers  to  first  view  the 
proposed  road,  and  if,  in  the  opinion  of  the  view 
ers,  the  road  is  impracticable,  the  said  viewers 
shall  discontinue  further  proceedings  in  the  mat- 
ter, and  report  accordingly.  [In  effect  March  17, 
1887.] 

§  2686.  When  the  view  and  survey  of  the  pro- 
posed alteration  or  new  road  is  completed,  the 


§§  2687,2688  Highways.  562 

viewers  must  report  to  the  Board  of  Supervisors— 

1.  Tlie  course,  termini,  lengtli,  and  probable 
cost  of  construction  of  ttie  proposed  road. 

2.  The  estimate  of  damage  to  the  owner  of  any 
land  over  which  it  is  proposed  to  run  the  road. 

3.  The  names  of  land  owners  who  consent  to 
give  the  right  of  way,  and  tlieir  written  consent 
thereto. 

4.  The  names  of  land  owners  who  do  not  con- 
sent, and  the  amount  of  damage  claimed  by  each; 
provided,  that  when  there  are  non-resident  land 
owners,  and  no  agent  upon  the  land  upon  whom 
notice  can  be  served,  such  non-resident  land  own- 
ers shall  be  considered  as  non-consenting  land 
owners,  unless  their  written  consent  shall  have 
been  obtained. 

5.  Such  other  facts  bearing  upon  the  subject  of 
importance  to  be  known  by  the  Board  of  Super- 
visors. 

6.  They  may  also,  in  their  discretion,  or  by 
order  of  the  Board  of  Supervisors,  report  upon  the 
feasibility  and  cost  of  any  other  route  than  the 
one  petitioned  for  which  would  subserve  the  same 
purposes;  and  also  report  as  to  the  necessity  of  a 
greater  or  the  practicability  of  a  less  width  of 
road  than  petitioned  for. 

§  2687.  The  viewers  must  be  paid  not  to  ex- 
ceed three  dollars  each  per  day  for  their  services 
out  of  the  road  fund  of  the  district  through  which 
the  road  passes,  and  the  Surveyor  shall  receive  a 
per  diem  not  to  exceed  ten  dollars  for  the  time  oc- 
cupied in  running  out  and  mapping  the  road,  and 
making  the  plat  and  field  notes,  which  must  be 
filed  before  he.  receives  his  compensation. 

§  2688.  The  Board  of  Supervisors  at  the  next 
meeting  after  the  filing  of  the  report  or  at  the 
time  when  the  report  is  filed  (if  then  in  session), 
must  fix  a  day  for  hearing  tlie  same,  and  must 
give  notice  to  such  non-consenting  land-owners  of 
the  time  and  place  of  such  hearing,  by  publication, 
for  at  least  two  successive  weeks  before  such 
hearing,  in  a  newspaper,  to  be  designated  by  the 
board,  publislied  in  the  county;  but  if  there  be 
no  newspaper  published  in  the  county,  then  by 
posting  notices,  one  at  a  conspicuous  place  on  the 
land,  and  one  at  the  court  house,  at  least  two 
weeks  before  such  hearing.     Said  notice  shall  in- 


563  Highways.  §§  2689,2690 

telligibly  describe  the  road  to  be  abandoned,  dis- 
continued, altered,  laid  out,  or  constructed,  and 
the  lands  over  which  the  same  is  to  run,  and  the 
names  of  the  owners  of  such  land  when  Ivuown, 
and  if  not  known,  that  fact  must  be  stilted.  Tin- 
board  must,  on  the  day  fixed  for  the  hearing,  or 
to  which  it  may  be  postponed  or  continued,  liear 
the  evidence  offered  by  parties  interested  for  or 
against  the  proposed  alterations  or  new  road,  and 
must  ascertain  and  by  order  declare  the  amount 
of  damage  awarded  to  each  non-consenting  laud 
owner  over  whose  land  they  shall  order  tlie  road 
to  be  opened,  whether  known  or  unlinown,  and  de- 
clare the  report  of  the  viewers  to  be  approved  or 
rejected,  in  whole  or  in  part.  [Amendment  ap- 
proved April  6,  1891;  Stats.  1891,  p.  509.  In  effect 
immediately.] 
Consenting  owners:  See  sec.  2686,  supra. 

§  2689.  If  the  Board  ai)prove  the  report,  and 
tliere  are  no  non-consenting  land  owners,  the  road 
must  by  oi'der  be  declared  a  public  highway,  and 
the  same  opened  to  the  public.  The  Board,  upon 
making  eacli  and  every  order  establishing  the  lo- 
cation or  alteration  of  any  road  or  highway,  shall 
order  the  amount  of  damages  sustained  by  each 
and  every  person  owning  or  claiming  lands,  or 
any  improvements  thereon  or  affected  thereby,  as 
finally  fixed  and  assessed  by  them,  to  be  set  apart 
in  the  treasury  out  of  the  proper  fund,  to  be  paid 
to  the  proper  owner  or  claimant  if  known,  and  to 
be  kept  for  the  proper  claimant  or  owner  if  un- 
known, and  to  be  paid  to  him  or  her  upon  showing 
or  establishing  their  right  or  title  to  such  innds  r^v 
improvements;  provided,  that  any  person  interest- 
ed in  said  road  may  place  in  the  Treasury  the 
whole  or  any  part  of  the  amount  necessary  to 
meet  the  demands  made  upon  such  fund  by  said 
orders  of  the  Board.  Any  moneys  so  set  apart 
as  herein  provided  for,  shall  be  returned  to  the 
person  from  whom  or  the  fund  from  which  it 
was  taken  or  set  apart,  if  not  paid  to  or  accepted 
by  the  proper  owner  or  claimant.  If  the  awards 
are  all  accepted,  the  road  must  be  declared  a  pub- 
lic highway,  and  be  opened  as  before  provided. 
[In  effect  March  17,  1887.] 

§  2690.  If  any  award  of  damages  is  not  ac- 
cepted within  ten  days  of  the  date  of  the  award. 


§§  2691,2692  Highways.  564 

it  sliall  be  deemed  as  rejected  by  tlie  land  owners. 
Tlie  Board  must  by  order  direct  proceedings  to 
procure  tlie  right  of  way  to  be  instituted  by  the 
District  Attorney  of  the  county,  under  and  as 
provided  in  title  seven,  part  three,  of  the  Code  of 
Civil  Procedure,  against  all  non-accepting  land 
owners,  and  when  thereunder  the  right  of  way  is 
procured  the  road  must  be  declared  a  public  high- 
waj',  and  opened  as  herein  provided.  In  such  suit 
no  informality  in  the  proceedings  of  the  Board 
shall  vitiate  said  suit,  but  the  said  order  of  the 
Board  directing  the  District  Attorney  to  bring 
suit  shall  be  conclusive  proof  of  the  regularity 
thereof;  and  the  said  suit  shall  be  determined  by 
the  Court  or  jury  in  accordance  with  the  rights 
of  the  respective  parties,  as  shown  in  Court  inde- 
pendent of  said  proceedings  before  said  Board. 
[In  effect  March  17,  1887.] 

Notification  of  owners:   See   sec.  2688,   supra. 

Eminent  domain,  generally:  See  Code  Civ.  Proc, 
sees.  1237  et  seq. 

§  2691.  All  awards  by  agreement,  ascertain- 
ment by  the  board  or  the  proper  court,  and  all 
expenses  of  viewing,  laying  out,  or  altering  any 
road,  must  be  paid  out  of  the  road  fund  of  the 
district,  except  that  which  may  be  paid  by  inter- 
ested parties  on  the  order  of  the  Board  of  Su- 
pervisors, and  except  also  that  whenever  it  ap- 
pears to  the  Board  of  Supervisors  that  any  road 
district  would  be  unreasonably  burdened  by  the 
payment  of  such  awards  and  expenses,  the  board 
of  supervisors,  by  a  two-thirds  vote,  may  cause  a 
portion  of  such  awards  and  expenses  to  be  paid 
from  the  general  road  fund;  provided,  however, 
that  not  to  exceed  ten  per  cent  of  the  general  road 
fund  shall  be  devoted  to  such  purposes  in  any  one 
fiscal  year.  If  the  road  lies  in  more  than  one  dis- 
trict, the  supervisors  must  proportionately  divide 
the  awards  and  other  costs  between  said  districts; 
provided,  however,  that  when  money  is  paid  out 
by  any  interested  person  the  same  may  be  given 
to  the  credit  of  either  fund,  at  the  discretion  of 
the  board.  [Amendment  approved  February  27, 
1893;  Stats.  1893,  p.  53.     In  effect  immediately.] 

§  2692.  Private  or  by  roads  may  be  opened, 
laid  out,  or  altered  for  the  convenience  of  one  or 
more  residents  or  freeholders  of  any  road  district 


5G5  Highways.  §§  2G93-2G95 

in  the  same  manner  as  public  roads  are  opened, 
laid  out,  or  altered,  except  that  only  one  peti- 
tioner shall  be  necessarj%  who  must  be  either  a 
resident  or  freeholder  in  said  road  district;  and 
the  Board  of  Supervisors  may  for  lilie  cause  or- 
der the  same  to  be  viewed,  opened,  laid  out,  or  al-  • 
tered,  the  person  for  whose  benefit  said  road  is  re- 
quired paying  the  damages  awarded  to  land  own- 
ers, and  lieeping  the  same  in  repair;  provided,  that 
the  petitioners  must  accompany  the  petition  with 
the  bond  mentioned  in  section  two  tliousaud  six 
hundred  and  eighty-three,  conditioned  as  pro- 
vided in  said  section,  and  with  a  further  condi- 
tion that  the  bondsmen  will  pay  to  the  person 
over  whose  land  said  road  is  sought  to  be  opened 
his  necessary  costs  and  disbursements  in  contest- 
ing the  opening  of  such  road,  in  case  the  petition 
bo  not  granted,  and  the  road  finally  not  opened; 
provided,  that  all  private  roads  opened  or  laid  out 
under  the  provisions  of  this  act  shall  be  upon  sec- 
tion or  half-section  lines  wherever  practicable. 

§  2693.  In  all  cases  where  consent  to  use  the 
right  of  way  for  a  highway  is  voluntarily  given, 
purchased,  or  condemned,  and  paid  for,  either  an 
instrument  in  writing  conveying  tlie  right  of  way 
and  incidents  thereto,  signed  and  acknowledged 
by  the  party  making  it,  or  a  certified  copy  of  the 
decree  of  the  Court  condemning  the  same,  must 
be  made  and  filed  and  recorded  in  the  office  of 
the  Recorder  of  the  county,  in  whicli  the  land  so 
conveyed  or  condemned  must  be  particularly  de- 
scribed. 

§  2694.  Whenever  highways  are  laid  out  to 
cross  railroads,  canals,  or  ditches,  on  public  lands, 
the  owners  or  corporations  using  the  same  must, 
at  their  own  expense,  so  px-epare  their  roads,  ca- 
nals, or  ditches,  that  the  public  highway  may 
cross  the  same  without  danger  or  delay.  And 
when  the  right  of  way  for  a  public  highway  is 
"  obtained  through  the  judgment  of  any  Court  over 
any  i-ailroad,  canal,  or  ditch,  no  damages  must 
be  awarded  for  the  simple  right  to  cross  the  same. 

§  2695.    When  the  alteration  of  an  old  or  the 
opening  of  a  new  I'oad  mal<es  it  necessary  to  re- 
move  fences  on   land   given,   purchased,   or   con- 
demned,  bv  order  of  a  Court  for  road  or  high- 
Pol.  Code-48. 


§§  2696-2711  Highways.  566 

way  purposes,  notice  to  remove  the  fences  must 
be  given  by  the  Road  Overseer  to  the  owner,  his 
occupant  or  agent,  or  by  posting  the  same  on  the 
fence;  and  if  the  same  is  not  done  within  ten  days 
thereafter,  or  commenced  and  prosecuted  with 
due  diligence,  the  Road  Overseer  may  cause  It  to 
be  carefully  i*emoved  at  tlie  expense  of  the  owner, 
and  recover  of  him  the  cost  of  such  removal,  and 
the  fence  material  may  be  sold  to  satisfy  the 
judgment. 

§  2696.  Whenever  it  shall  become  necessary  to 
acquire  land  in  order  to  raise  the  banlis  along  any 
stream,  or  remove  obsti'uctions  therefrom,  or 
widen,  deepen,  or  straighten  their  channels,  for 
the  purpose  of  protecting  any  public  road  or  high- 
way, the  Board  must,  by  order,  direct  proceed- 
ings to  procure  the  land  necessary  for  such  pur- 
pose to  be  instituted  by  the  District  Attorney  of 
the  county,  in  the  name  of  the  county,  under  and 
as  provided  in  title  seven,  part  three,  of  the  Code 
of  Civil  Procedure.      [In  effect  March  15,  18'87.] 


ARTICLE  YII. 

ERECTION   AND    MAINTENANCE    OF    BRIDGES. 

§  2711.    Bridges,    how    maintained,    and    by   whom. 

§  2712.    When  aid  may  be  given  by  county  for  bridge. 

§  2713.     Construction  and  repair  of  bridges  to  be  let  out  by 

contract. 
§  2714.    When    one   Overseer   fails   to   act,    who   may   repair 

bridge. 
§  2715.    When  Supervisors  must  repair  bridge. 
§  2716.     Semi-annual     meetings     for     highway     and     bridge 

purposes. 

§  2711.  All  public  bridges,  not  otherwise  spe- 
cially provided  for,  are  maintained  by  the  road 
district  in  which  they  are  situate,  the  districts 
which  they  unite,  and  the  county  at  large,  in  the 
same  manner  as  highways,  and  under  the  man- 
agement and  control  of  the  Road  Overseer  and 
the  Board  of  Supervisors,  the  expense  of  con- 
structing, maintaining,  and  repairing  the  same  Vic- 
ing primarily  payable  out  of  the  road  fund  of  the 
district  in  tlie  hands  of  the  County  Treasurer,  and 
from  road  taxes. 


567  Highways.  §§  2712-2714 

§  2712.  AVheneyer  it  appears  to  tlie  Board  of 
Supervisors  that  any  road  district  is  or  would  be 
unreasonably  burdened  by  the  expense  of  con- 
sti'ucting  or  of  the  maintenance  and  repairs  of 
any  bridge,  or  the  purchase  of  toll  roads,  they 
may,  in  their  discretion,  cause  a  portion  of  the  ag- 
gregate cost  or  expense  to  be  paid  out  of  the  gen- 
eral road  fund  of  the  county;  or,  by  vote  of  two- 
thirds  of  the  Board  of  Supervisors,  said  Board 
may,  in  their  discretion;  order  a  portion  of  the 
cost  of  construction  and  repairs  of  bridges  to  be 
paid  out  of  the  county  general  fund,  as  well  as  the 
general  road  fund.     [In  effect  March  15,  1887.] 

§  2713.  Xo  bridge,  the  cost  of  construction  or 
repair  of  which  will  exceed  the  sum  of  two  liun- 
dred  dollars,  must  be  constructed  or  repaired  ex- 
cept on  the  order  of  tlie  Board  of  Supervisors. 
When  ordered  to  be  constructed  or  repaired,  the 
contract  therefor  may.  in  "their  discretion,  be  let 
out,  and  if  let,  it  must  Ije  after  reasonable  notice 
given  by  the  Board  of  Supervisors,  by  publication 
at  least  once  a  week  for  two  weeks  in  a  county 
newspaper;  and  if  no  paper  is  published  in  said 
county,  then  by  three  posted  notices,  one  at  the 
Coiut  House,  one  at  the  point  to  be  bridged,  and 
one  at  some  other  neighboring  place  in  the  coun- 
ty. All  bids  shall  be  sealed;  the.v  shall  be  opened 
at  the  time  specified  in  the  notice,  and  the  con- 
tract awarded  to  the  lowest  responsible  l>idder. 
The  Board  may,  however,  reject  any  and  all  bids. 
The  contract  and  bond  for  its  performance  must 
be  entered  into  and  approved  by  the  Board  of 
Supervisors;  except,  however,  in  cases  of  great 
emergency,  by  the  unanimous  consent  of  the 
whole  board  they  may  proceed  at  once  to  replace 
or  repair  any  and  all  structures,  of  wliatever  na- 
ture, without  notice.  Bridges  crossing  the  line 
between  counties  must  be  constructed  by  the 
counties  into  which  such  l)ridges  reach,  and  each 
of  the  counties  into  which  any  such  bridge  reaches 
shall  pay  sucli  portion  of  the  cost  of  such  liridge 
as  shall  have  been  previously  agreed  upon  by  the 
Boards  of  Supervisors  of  said  counties. 

Acts    relating    to    construction    of  bridges:    See 
General  Laws,  title  "Bridges." 

§  2714.    If  the  Road   Overseer  of  one  district, 
after  five  days'  notice  from  the  overseer  of  an  ad- 


§§  2715,2716  Highways.  5GS 

joining  clistrict  to  aid  in  tlie  repair  of  a  bridge  in 
whicli  each  are  interested,  fails  so  to  aid,  the  one 
giving  notice  may  malie  the  necessary  repairs, 
and  must  be  allowed  a  pro  rata  compensation 
therefor  by  the  Board  of  Supervisors  out  of  the 
lioad  Fund  of  the  defaulting  district.  Bridges 
crossing  the  line  between  cities  and  towns  and 
road  districts  must  be  constructed  and  maintain- 
ed, and  the  expenses  thereof  borne  equally  by  the 
cities  or  towns  from  the  Road  Fund  of  the  road 
districts  into   which   such  bridges  reach. 

§  2715.  If  the  overseer  of  any  road  district, 
chargeable  with  the  repair  of  a  bridge,  fails  to 
malie  the  needed  repairs,  after  being  informed 
that  a  bridge  is  impassable  or  unsafe,  and  is  re- 
quested to  make  the  same  by  two  or  more  free- 
holders of  the  district  in  which  it  is  situate,  or  the 
two  districts  which  it  unites,  the  freeholders  may 
represent  the  facts  to  the  Board  of  Supervisors, 
who,  upon  being  satisfied  that  the  bridge  is  un- 
safe, must  cause  the  same  to  be  repaired,  and 
must  pay  therefor  from  the  funds  of  the  district 
chargeable  therewith,  or.  if  deemed  necessary, 
from  the  General  Road  Fund. 

§  2716.  The  Supervisors  may  appoint,  semi- 
annually, a  special  meeting,  at  which  the  Road 
Overseers,  on  days  set  apart  for  their  respective 
districts,  must  be  present;  and  at  such  special 
meetings  so  appointed  the  Supervisors  must  hear 
highway  and  bridge  reports  and  complaints  from 
ofHcers  and  citizens;  after  which  such  orders  must 
be  made  and  such  action  had  regarding  the  same 
as  the  public  welfare  demands. 


569  Highways.  §§  2731-2734 

ARTICLE  VIII. 

OBSTRUCTIONS    AND    INJURIES    TO    HIGHWAYS. 

§  2731.  Removal    of    encroachments. 

§  2732.  Notice  to  remove  encroachments. 

§  2733.  Penalty  for  neglect. 

§  2734.  If    encroachment   denied,    action   for   nuisance. 

§  2735.  If  encroachment  not  denied,  how  removed. 

§  2736.  Penalty  for  leaving  open  gates  or  riding  off  the 
road. 

§  2737.  Penalty   for    obstruction    or   injury. 

§  2738.  Penalty  for  injuring  mile-stone  or  guide-post. 

§  2739.  Removal  of  fallen  trees. 

§  2740.  Unauthorized  felling  of  trees. 

§  2741.  Notice  on  bridges  and  penalty  for  disregarding. 

§  2742.  Destroying    shade    or    ornamental    trees. 

§  2743.  Recovery  and  application  of  penalties  and  for- 
feitures. 

§  2744.  Service  of  notice  by  puBlication  on  non-residents. 

§  2731.  If  any  highway  duly  laid  out  or  erect- 
ed is  encroached  upon  by  fences,  buildings,  or  oth- 
erwise, the  Koad  Overseer  of  the  district  may, 
orally  or  in  writing,  require  the  encroachment  to 
be  removed  from  the  highway. 

§  2732.  Notice  must  be  given  to  the  occupant 
or  owner  of  the  land,  or  person  causing  or  owning 
the  encroachment,  or  left  at  his  place  of  residence 
if  he  be  known  to  the  person  giving  such  notice 
and  reside  in  the  county,  if  not,  it  must  be  posted 
on  the  encroachment,  specifying  the  breadth  of 
the  highway,  the  place  and  extent  of  the  encroach- 
ment, and  requiring  him  to  remove  the  same  with- 
in ten  days. 

§  2733.  If  the  encroachment  is  not  removed, 
or  commenced  to  be  removed  and  diligently  prose- 
cuted, prior  to  the  expiration  of  the  ten  days  from 
the  service  or  po.sting  the  notice,  the  one  who 
caused,  owns,  or  controls  the  encroachment  for- 
feits ten  dollars  for  each  day  the  same  continues 
unremoved.  If  the  encroachment  is  such  as  to  ef- 
fectually obstruct  and  prevent  the  use  of  the  road 
for  vehicles,  the  Overseer  must  fortliwith  remove 
the  same. 

§  2734.  If  the  encroachment  is  denied,  and  the 
owner,  occupant,  or  person  controlling  the  mat- 


§§  2735-2737  Highways.  570 

tcr  or  thins:  eiiarged  with  being  an  encroachment 
refuses  either  to  remove  or  permit  the  removal 
thereof,  the  Road  Overseer  must  commence  in 
the  proper  Court  an  action  to  abate  the  same  as 
a  nuisance;  and  if  he  recovers  judgment,  he  may, 
in  addition  to  having  the  same  abated,  recover  ten 
dollars  for  every  day  such  nuisance  remained  af- 
ter notice,  and  also  his  costs  in  said  action. 

Action  to  abate  nuisance:  Code  Civ.  Proc,  sec. 
731;  Nuisance,  Civ.  Code,  sees.  3479-3503;  Penal 
Code,  sees.  370-374. 

§  2735.  If  the  encroachment  is  not  denied,  but 
is  not  removed  for  Ave  days  after  the  notice  is 
complete,  tlie  Road  Overseer  may  remove  the 
same  at  the  expense  of  the  owner,  occupant,  or 
person  controlling  the  same,  and  recover  his 
costs  and  expenses,  as  also  for  each  day  the  same 
remained  after  notice  was  complete,  the  sum  of 
ten  dollars,  in  an  action  for  that  pui-pose. 

S  2736.  No  gates  must  be  allowed  on  any  pub- 
lic liighway  except  such  as  are  allowed  by  the 
Board  of  Supervisors,  in  accordance  with  the  pro- 
visions of  subdivision  eleven,  section  two  thou- 
sand six  hundred  and  forty-three,  and  when  so 
allowed  they  must  be  maintained  at  the  expense 
of  the  owner  or  occupant  at  whose  request  or  for 
whose  benefit  they  were  erected.  If  such  expense 
is  not  paid,  the  gate  must  be  removed  as  an  ob- 
struction. Any  one  who  leaves  open  such  gate, 
or  willfully  aiid  unnecessarily  rides  over  ground 
adjoining  the  road  on  which  the  gate  is  erected, 
forfeits  to  the  injured  party  treble  damages. 

§  2737.  Whoever  obstructs  or  injures  any 
highway,  or  diverts  any  watercourse  thereon,  or 
drains  water  from  his  land  upon  any  highway,  to 
the  injury  tliereof,  by  means  of  ditches  or  dams, 
is  liable  to  a  penalty  of  ten  dollars  for  each  day 
such  obstruction  or  injury  remains,  and  must  be 
punished  as  provided  in  section  five  hundred  and 
eighty-eight  of  the  Tenal  Code.  Any  person,  per- 
sons, or  corporation  who  shall  be  storing  or  dis- 
tributing water  for  any  purpose,  and  shall  per- 
mit the  water  to  overflow  or  saturate,  by  seep- 
age, any  highway,  to  the  injury  thereof,  shall,  up- 
on notification  of  the  road  commissioner  of  the 
district  where  such  overflow  or    seepage    occurs, 


571  Highways.  §  2738 

repair  tlie  damages  occasioned  by  such  overflow 
or  seepage;  and  should  such  repair  not  be  made 
witliin  a  reasonable  time  by  such  person,  persons, 
or  corporation,  said  road  commissioners  shall  make 
such  repairs,  and  recover  the  expense  thereof 
from  such  person,  persons,  or  corporation,  in  an 
action  at  law.  All  persons  excavating  irrigation, 
mining,  or  draining  ditches  across  public  high- 
ways shall  be  required  to  bridge  said  ditches  at 
such  crossings,  and  upon  neglect  to  do  so,  the 
road  commissioner  for  that  road  district  shall 
construct  the  same  and  recover  the  cost  of  con- 
structing said  bridge  or  bridges  of  such  persons 
by  action,  as  provided  in  this  section;  provided, 
that  the  Supervisors  of  any  county  may  construct 
and  maintain  bridges  over  any  and  all  ditches 
used  exclusively  for  irrigation  purposes,  and 
which  cross  public  highways  in  the  county  over 
which  they  have  authority,  and  may,  with  the 
consent  of  the  owners  of  such  ditches,  declare  any 
and  all  such  bridges  to  be  public  property,  and 
maintain  and  lieep  the  same  in  repair  at  the  ex- 
pense of  such  county.  And  whoever  willfully  in- 
jiu-es  any  public  bridge  is  hereby  declared  to  be 
guilty  of  a  misdemeanor,  and  is  also  liable  for 
actual  damages  for  such  injury,  to  be  recoveretl 
by  the  county  in  a  civil  action;  provided  further, 
that  every  person  who  knowingly  allows  the  car- 
cass of  any  dead  animal  (which  animal  belonged 
to  him  at  the  time  of  its  death)  to  be  pvit  or  to  i-e- 
main  within  one  hundred  feet  of  any  street,  alley, 
public  highAvay.  or  road  in  common  use,  and  every 
pei'son  who  puts  the  carcass  of  anj^  dead  animal 
within  one  hundred  feet  of  any  street,  alley,  high- 
way, or  road  in  common  use,  or  who  shall  deposit 
on  any  highway  any  refuse  or  waste  tin,  sheet- 
ii-on,  or  broken  glass,  is  guilty  of  a  misdemeanor. 
[Amendment,  approved  March  27,  1897;  Amend- 
ments 1897.  cli.  clxi.    In  effect  immediately.] 

§  2738.  Whoever  removes  or  injures  any  mile- 
board,  or  milestone,  or  guide-post,  or  any  inscrip- 
tion on  such,  erected  on  any  highway,  is  liable  to 
a  penalty  of  ten  dollars  for  eveiT  such  offense, 
and  punishable  as  provided  in  section  five  hun- 
dred and  ninety  of  the  Penal  Code.  It  shall  be 
the  duty  of  the  Board  of  Supervisors  to  cause 
guide-posts,  witli  suitable  inscriptions  thereon,  to 
be  erected  at  all  road  crossings  and  forks  of  roads 
outside  of  any  corporate  limits. 


§§  2739-2744  Highways.  572 

§  2739.  Any  person  may  notify  tlie  occupant 
or  owner  of  any  land  from  wtiich  a  tree  or  other 
obstruction  has  fallen  upon  any  highway  to  re- 
move such  tree  or  obstruction  forthwith.  If  it  is 
not  so  removed,  the  owner  or  occupant  is  liable 
to  a  penalty  of  one  dollar  for  every  day  thereafter 
till  it  is  removed,  and  the  cost  of  removal. 

§  2740.  Whoever  cuts  down  a  tree  so  that  it 
falls  into  any  highway  must  forthwith  remove  the 
same,  and  is  liable  to  a  penalty  of  ten  dollars  for 
every  day  the  same  remains  in  such  highway. 

§  2741.  Road  Overseers  must,  when  ordered 
by  the  Board  of  Supervisors  so  to  do,  put  up  on 
bridges  under  their  charge  notices  that  there  is 
"five  dollars  fine  for  riding  or  driving  on  this 
bridge  faster  than  a  wallc."  Whoever  therejirter 
rides  or  drives  faster  than  a  walk  on  such  bridge 
is  liable  to  pay  five  dollars  for  each  offense. 

§  2742.  Whoever  digs  up,  cuts  down,  or  other- 
wise maliciously  injures  or  destroys  any  shade 
or  ornamental  tree  on  any  highway,  unless  the 
same  is  deemed  an  obstruction  by  the  Road  Over- 
seer, and  removed  under  his  direction,  forfeits  one 
hundred  dollars  for  each  such  tree. 

Injuries  to  highways,  etc.    Penal  Code,  sec.  588. 

§  2743.  All  penalties  or  forfeitures  given  in 
this  chapter,  and  not  otherwise  provided  for,  must 
be  recovered  by  the  Road  Overseer  or  Commis- 
sioner of  the  respective  road  districts  by  suit  in 
the  name  of  the  county  in  which  said  road  district 
is  situated,  and  be  paid  into  the  Road  Fund  of  his 
district. 

§  2744.  When  notice  is  required  to  be  served 
upon  nonresident  landowners  under  any  of  the 
provisions  of  this  act,  such  notice  shall  be  deemed 
to  have  been  served  by  publication,  as  authorized 
by  the  Board  of  Supervisors;  and  for  all  purposes, 
nonresident  landowners  upon  whom  personal  ser- 
vice cannot  be  made  within  the  county  shall  be 
treated  as  nonconsenting  land  owners. 

The  act  reconstructing  this  chapter  contained 
the  following  preliminary  and  closing  sections: 

Section  1.  Chapter  two  of  title  six  of  part  three 
of  an  act  of  the  Legislature  of  the  State  of  Call- 


573  Highways.  §  2744 

fornia,  entitled  "An  Act  to  establish  a  Political 
Code,"  approved  March  12,  1872,  and  each  and 
erery  section  of  said  chapter  two,  are  hereby  re- 
pealed, and  a  new  chapter  two  of  title  six  of  part 
three  of  said  Political  Code  is  hereby  enacted  and 
substituted  in  place  of  said  repealed  chapter,  to 
read  as  follows: 

Sec.  2.  All  laws  concerning  roads  and  highways 
in  conflict  with  this  act,  and  all  laws  applicable 
to  particular  counties  of  this  State  concerning 
roads  and  highways,  are  hereby  repealed;  provid- 
ed, that  any  proceedings  commenced  before  this 
act  takes  effect  for  the  alteration,  establishment, 
or  abandonment  of  any  road  or  highway,  may  be 
conducted  under  the  provisions  of  the  law  under 
which  said  proceedings  wei*e  commenced;  provid- 
ed further,  that  nothing  herein  contained  shall  be 
deemed  to  authorize  the  levy  or  collection  of  a 
road  poll  tax,  or  propertj^  road  tax,  within  muni- 
cipalities existing  under  the  laws  of  this  State, 
wherein  work  and  improvements  upon  the  streets 
is  done  by  virtue  of  any  law  relating  to  street 
work  and  improvements  wathin  such  municipal- 
ity. Nor  shall  any  such  incorporated  city  or 
towns  be  by  the  Supervisors  of  the  county  includ- 
ed or  embraced  in  any  road  district  by  them  es- 
tablished under  this  act.  [Approved  February 
28,  1883.] 


§  2779  Toll  Roads.  574 

CHAPTER  III. 

TOLL   ROADS. 

Article  I.    Construction   of  Toll   Roads. 

11.    Use  of  Toll  Roads,   and   Obstructions  thereon. 
III.    Inspection   and   Repairs. 

ARTICLE  I. 

CONSTRUCTION    OF    TOLL    ROADS. 

§  2779.  Notice   of  and   application   to   construct   the   road. 

§  2780.  Special  meeting  of  Supervisors. 

§  2781.  Hearing  the  application. 

§  2782.  Action  of  Supervisors. 

§  2783.  Commissioners,    how   appointed    for   other    counties. 

§  2784.  Laying  out  the  road. 

§  2785.  Compensation    of    Commissioners,    map   and    report. 

§  2786.  Branches  and  extensions. 

§  2787.  Acquiring  lands  by  grant. 

§  2788.  Appropriation    of   damages   for   highways   taken. 

§  2789.  Application,  when  unnecessary. 

S  2790.  Orchards  and  gardens. 

§  2791.  Bridging  streams. 

§  2792.  One  road  corporation  using  the  roadbed  of  another. 

§  2793.  How   to  be  constructed. 

§  2794.  May  relay  with  what. 

§  2795.  Milestones  and  posts. 

§  2793.  Guide  posts. 

§  2797.  Inspection,    certificate,    and    completion. 

i)  2798.  Erection   of  gates,   etc. 

§  2799.  Abandonment   of   road,    and   what   becomes   of   it. 

§  2800.  County   may   purchase   road,    how. 

§  2801.  Appraisement  and  award,  how  made. 

§  2779.  If  all  lands  necessary  for  the  roadbed 
and  other  purposes  are  not  otherwise  acquired  as 
hereinafter  provided,  the  company  pi-oposing  to 
construct  a  toll  road  through  any  part  of  a  coun- 
ty must  publish  a  notice  in  some  newspaper  pub- 
lished therein,  and  if  none,  then  in  the  newspaper 
nearest  tliereto.  once  in  eacli  weelv  for  six  succes- 
sive weelis,  specifying  the  character  of  the  road, 
the  termini,  and  each  town,  city,  or  village 
through  which  it  is  proposed  to  construct  it.  and 
the  time  when  the  application  hereinafter  re- 
quired will  be  made.  After  such  notice  is  com- 
plete,   on   the    day   specified    therein,    apulif-ition 


575  Toll  Roads.  §§2780-2784 

must  be  made  to  the  Board  of  Supervisors  of  the 
couuty  for  authority  to  take  the  necessary  land 
and  to  construct  the  road  described  in  the  notice. 

Basis  of  section— Stats.  1853,  p.  169;  1870,  p.  885. 

Wagon  road  corporations— taliing  tolls:  Civil 
Code,  sec.  514  et  seq. 

§  2780.  On  application  therefor  the  President 
of  the  Board  of  Supervisors  may  call  a  special 
meeting  to  hear  the  application,  ten  days'  notice 
thereof  being  served  on  each  of  the  other  Super- 
visors, either  personally  or  by  leaving  it  at  his 
place  of  residence  if  absent;  the  expense  of  such 
special  meeting  and  serving  notices  must  be  paid 
by  the  applicant. 

Basis  of  section:  Stats.  1853,  p.  114. 

§  2781.  On  the  hearing  all  residents  of  the 
county  and  others  interested  may  appear  and  be 
heard.  The  Board  may  take  testimony,  or  author- 
ize it  to  be  taken  by  any  officer  of  the  countj",  and 
adjourn  the  hearing  from  time  to  time. 

§  2782.  If  it  appears  to  the  Board  of  Supervis- 
ors that  the  public  interests  will  be  promoted 
thereby,  a  majority  of  all  the  members  thereof 
may  grant  the  application,  and  by  order  author- 
ize the  company  to  take  the  real  property  neces- 
sary, and  appoint  two  Commissioners  to  lay  out 
the  road,  who  are  disinterested  either  in  the  com- 
pany or  in  any  land  sought  to  be  taken  or  adjoin- 
ing thereto.  A  copy  of  this  order  must  be  record- 
ed in  the  county  clerk's  office  before  action  under 
it  is  had. 

Basis  of  section:    Stats.  1853,  p.  114. 

§  2783.  If  the  route  extends  into  more  than 
one  "county,  the  application  must  specify  their 
names,  and  the  Board  of  Supervisors  of  each  of 
such  counties  must  appoint  Commissioners  to  act 
in  their  respective  counties  with  the  Commission- 
er and  surveyor  of  the  company.  The  company 
must  appoint  one  commissioner  of  like  qualifica- 
tion as  those  appointed  by  the  Board  of  Supervis- 
ors, and  furnish  a  surveyor  to  accompany  and  act 
with  them.  '  ,  ,    !   I  « 

Basis  of  section:  Stats.  1853,  p.  114. 

§  2784.  The  Commissioners  must  take  the  oath 
of  office,  and  view  and  lay  out  the  road  as  in  their 


§§  2785-2788  Toll  Roads.  576 

.iudj^ment  will  best  promote  the  public  interest. 
They  must  hear  all  persons  interested,  and  may 
take  testimony;  they  may  determine  the  breadth 
of  the  way,  not  exceeding  one  hundred  feet,  ex- 
cept where  the  company  acquire  a  greater  breadth 
by  grant.  They  must  make,  sign,  and  certify  an 
accurate  survey  and  description  of  the  route,' and 
of  the  land  necessary  for  the  road,  buildings,  and 
gates  in  each  county,  and  record  the  same  in  the 
office  of  the  County  Clerk  thereof.  When  the 
breadth  of  the  road  is  not  fixed  by  the  Commis- 
sioners it  may  be  fixed  by  the  Commissioner  of 
Highways  or  the  Board  of  Supervisors  of  the 
county. 

Basis  of  section:  Stats.  1853,  p.  171;  1870,  p. 
885. 

§  2785.  The  company  must  pay  to  each  Com- 
missioner his  expenses  and  four  dollars  a  day  for 
his  services;  cause  their  surveyor  to  make  the 
map  of  the  proposed  road,  which,  when  approved 
and  certified  by  the  Commissioners,  must  be  filed 
with  the  report  in  the  office  of  the  Clerk  of  the 
Board  of  Supervisors  and  recorded. 

§  2786.  The  Directors  of  any  such  company 
may,  with  the  written  consent  of  the  holders  of 
two-thirds  of  the  stock,  proceed  in  the  manner  pi'e- 
scribed  by  the  preceding  seven  sections  to  con- 
struct branches  to  their  ro;id,  or  to  extend  it  or 
alter  any  part  of  its  route  or  branches. 

§  2787.  Lands  necessary  for  the  purposes  of 
the  road  or  appurtenances  may  be  acquired  by 
purchase  or  condemnation.  Lands  within  any 
highway  may  be  granted  by  the  Board  of  Super- 
visors or  town  or  city  autliorities  on  such  terms 
and  for  such  sums  as  may  be  agreed  upon. 

§  2788.  When  the  road  company  desires  the  ex- 
clusive use  of  lands  forming  part  of  a  highway, 
and  such  iise  is  granted  by  the  Supervisors,  the 
damages  received  therefor  are  to  be  paid  to  the 
Road  Fund  of  the  road  district  in  which  the  same 
is  situated. 

Basis  of  section:  Stats.  1870.  p.  886. 

Road  company— collecting  tolls:  Civil  Code,  sec. 
514  et  seq. 


577  Toll  Roads.  §§  2789-2793 

§  2789.  When  the  company  has  obtained  all 
the  lands  necessary  in  any  county,  by  purchase 
or  agreement,  the  road  may  be  constructed  with- 
out making  tlie  application  to  the  Board  of  Super- 
visors hereinbefore  provided  for;  but  before  pro- 
ceeding to  do  so,  an  accurate  survey  of  such  part 
of  the  road  must  be  made  by  a  practical  surveyor, 
signed  and  sworn  to  by  the  President  and  Secre- 
tary, and  recorded  in  the  County  Clerli's  office; 
and  if  the  road  extends  into  another  county,  au- 
thority to  construct  the  road  there  must  be  first 
obtained. 

Basis  of  section:  Stats.  1870,  p.  886. 

§  2790.  No  such  road  must  be  laid  out  through 
any  orchard  of  four  years"  growth,  to  the  injury 
of  the  fruit  trees,  or  any  garden  of  four  years' 
cultivation,  or  any  dwelling-house  or  building  con- 
nected with  a  dAvelling-house,  or  any  yard  or  in- 
closure  necessary  thereto,  "without  the  consent  of 
the  owner. 

Basis  of  section:  Stats.  18.53,  p.  171. 

§  2791.  The  road  company  may  bridge  any 
stream  or  river  on  the  route  of  their  road,  when, 
not  within  the  limits  prescribed  by  law  for  the 
erection  and  maintenance  of  any  other  bridge;  and 
in  bridging  streams  used  for  rafting  lumber  the 
bridge  must  be  so  constructed  as  not  to  prevent 
or  endanger  tlie  passage  of  any  raft  forty  feet  in 
width. 

Basis  of  section:  Stats.  1853,  p.  173. 

§  2792.  No  planlvroad  company  must  construct 
its  road  on  the  road  of  another  company,  except 
in  case  of  crossings,  without  consent  of  the  latter. 

§  2793.  Every  such  road  must  be  laid  out  at 
least  fifty  feet  wide.  The  traclv  of  planlv  roads 
must  be  constructed  eighteen  feet  wide,  of  timber, 
plank,  or  other  hard  material.  The  track  of  turn- 
pikes must  be  bedded  with  stone,  gravel,  or  such 
other  hard  material  found  on  tlie  line  thereof,  to 
the  Avidth  of  eighteen  feet,  and  faced  Avith  broken 
stone  or  gravel.  The  common  Avagon  road  must 
be  graded  at  least  tAA-elve  feet  in  width,  and  so 
constructed  with  necessary  turnouts  as  to  permit 
A-eliicles  to  pass  each  other  conveniently.  All  tlie 
I'oads  must  be  ditched  on  the  sides  when  practi- 
Pol.  Code— 49. 


§§  2794-2798  Toll  Roads.  578 

cable,  and  have  proper  and  necessary  sewerage, 
and  be  so  constructed  that  vehicles  may  pass  on 
and  off  the  track  at  all  intersections  of  roads. 

§  2794.  Every  company  that  has  once  laid 
their  road  with  planlv  may  relay  it  or  any  part  of 
it  with  broljen  stone,  gi-avel,  shells,  or  other  hard 
material  whereby  they  lieep  a  good,  substantial 
road. 

§  2795.  A  milestone  or  post  must  be  maintain- 
ed at  every  mile,  with  an  inscription  showing  the 
distance  from  the  commencement  of  the  road.  If 
the  road  commences  at  the  end  of  any  other  road, 
or  intersects  therewith,  having  milestones  or  posts 
on  which  the  distance  from  any  city  or  town  is 
marked,  a  continuation  of  that  distance  must  also 
be  inscribed. 

Injuries  to  milestones,  etc:  Penal  Code,  sec.  590. 

§  2796.  A  guide  post  must  be  erected  at  every 
place  where  the  road  is  intersected  by  a  public 
road,  Avith  an  inscription  showing  the  name  of  the 
place  to  which  such  intersecting  road  leads,  in  the 
direction  to  Avhich  the  name  on  the  guide  post 
points. 

luiuries  to  guide  posts,  etc:  Penal  Code,  sec. 
590. 

§  2797.  When  the  road,  or  three  consecutive 
miles  thereof,  is  completed,  the  Commissioner  of 
Highways  or  such  Road  Overseer  or  other  person 
thereto  specially  appointed  by  the  Board  of  Super- 
visors of  the  county,  must  inspect  the  road  when 
requested,  and  if  satisfied  that  the  road  conforms 
to  the  I'equirements  of  the  law,  must  certify  to  the 
facts  and  file  the  certificate  in  the  oflice  of  the 
County  Clerk;  for  such  service  four  dollars  per 
day  must  be  by  the  company  paid  to  the  Inspector 
or  Commissioner.  When  only  three  miles  of  any 
plankroad  are  completed,  if  it  is  not  the  entire 
road,  tolls  must  not  be  collected  thereon  for  more 
tlian  one  year,  unless  the  road  or  five  consecu- 
tive miles  are  completed  within  the  year. 

Basis  of  section:  Stats.  1870,  p.  885. 

§  2798.  When  the  certificate  of  completion  is 
filed,  toll  gates  may  be  erected  and  tolls  collected. 


579  Toll  Roads.  §§  2799-2801 

No  toll  gate,  toll  house,  or  other  building  must  be 
put  up  within  ten  rods  of  the  front  of  any  dwell- 
ing house,  barn,  or  outhouse,  without  written  con- 
sent of  the  owner  thereof. 
Basis  of  section:  Stats.  1870,  p.  886. 

§  2799.  Whenever  the  holders  of  two-thirds  of 
the  stock  consent,  the  Directors  of  any  company 
may  abandon  the  whole  or  any  part  of  their  road 
at  either  or  both  ends,  by  written  surrender  there- 
of, attested  by  their  seal,  and  acknowledged  by 
the  President  and  Secretary  as  a  deed  or  grant  is 
acknowledged,  and  recorded  in  the  Clerk's  office 
of  each  county  where  the  surrendered  road  lies; 
thereafter  the  surrendered  road  belongs  to  the 
road  districts  in  which  it  lies;  but  the  company 
may  continue  to  take  toll  on  any  three  consecutive 
miles  in  length  not  so  surrendered. 

Road  so  abandoned— becomes  a  highway:  Sec. 
2619. 

§  2800.  At  any  time  within  five  years  from  fil- 
ing the  certificate  of  completion  of  any  road  con- 
structed under  the  provisions  of  this  chapter,  or 
at  any  time  after  any  toll  road  constructed  and 
under  operation  under  any  of  the  laws  of  this 
State  has  been  in  existence  for  ten  or  more  years, 
a  county  within  which  the  road  or  any  portion 
thereof  "is  located,  may  purchase  the  same  at  a 
fair  cash  valuation,  be  fixed  by  seven  Commis- 
sioners, all  disinterested  persons;  three  to  be  ap- 
pointed by  the  Board  of  Supervisors  of  the  coun- 
ty, three  by  the  owners  of  the  road,  and  one  by  the 
Judge  of  the  Superior  Court  of  the  county,  who 
must  estimate  the  fair  cash  value  of  the  road,  and 
make  report  thereof,  under  oath,  to  the  Board  of 
Supervisors.  If,  within  three  months  after  filing 
the  report,  the  appraised  value  thereof  is  tender- 
ed on  behalf  of  the  county  to  the  owner  of  the 
road,  or  his  authorized  managing  agent,  in  gold 
coin,  the  right  of  the  owner  to  take  tolls  on  the 
road  is  terminated,  and  the  road  to  become  the 
property  of  the  county.  [Amendment,  approved 
March  "27,  189.5;  Stats.  1895,  p.  196.  In  efiCect 
March  27,  1895.] 

Stats.  1869-70,  p.  886,  sec.  7. 

§  2801.  A  majority  of  the  Board  of  Commis- 
sioners mentioned  in"  the  preceding  section  con- 


§  2814  Use  of  Toll  Roads.  580 

stitute  a  quorum,  and  the  coucurrence  of  a  ma- 
jority in  making  the  estimate  and  award  is  bind- 
ing upoQ  the  road  owner  if  approved  by  the  Board 
of  Supervisors.  The  Commissioners  must  "malie 
their  report  within  thirty  days  after  their  appoint- 
ment, and  if  approved,  the  tender  of  the  amount 
of  the  appraisement  and  award  must  be  made  by 
the  County  Treasurer;  whether  the  owner  conveys 
the  road  to  the  county  or  not,  the  report  and  ten- 
der operate  as  a  conveyance  to  the  county  of  the 
road  and  all  its  incidents  and  appurtenances. 
Basis  of  section:  Stats.  1870,  p.  888. 


ARTICLE  II. 

USE  OP  TOLL  ROADS,  AND  OBSTRUCTIONS  THEREON. 

§  2814.  Persons  exempt  from  tolls. 

§  2815.  Encroachments,   how   removed. 

S  2816.  Who   liable   for  penalty,   and   what. 

§  2817.  Action    for    penalty    or    trespass. 

§  2814.  The  following  persons,  and  none  other, 
are  exempt  from  payment  of  toll  on  wagon,  turu- 
pilve.  or  planii  roads: 

1.  Persons  going  to  or  from  any  funeral,  and  all 
funeral  processions. 

2.  Troops  in  actual  service  of  the  State  or  of  the 
United  States,  and  persons  going  to  or  from  a  mil- 
itary training  which  by  law  they  are  required  to 
attend. 

3.  Persons  going  to  or  from  the  Courthouse  in 
obedience  to  a  subpoena  in  a  criminal  action. 

4.  Persons  living  within  one  mile  of  any  gate 
by  the  most  usually  traveled  road  may  pass  it  at 
one-half  toll,  when  not  engaged  in  the  ti'anspor- 
tation  of  other  or  the  property  of  others. 

.">.  Farmers  living  on  their  farms  within  one 
mile  of  any  gate  by  the  most  usually  traveled 
road,  may  pass  free  when  going  to  or  from  their 
work  on  such  farms. 

(j.  Scliool  children  attending  .scliool  within  three 
miles  of  their  parents'  or  boarding  house. 

7.  The  Road  Overseer  of  the  road  district 
through  which  road  passes,  or  the  Commissioners 
of  Highways  for  the  purpose  of  inspecting  the 
condition  of  thje  road.  [Amendment  approved 
March  12,  1880;  Amendments  1880,  p.  4.  In  effect 
in  sixty  days.] 


581  Inspection  and  Repairs.  §§  2815-2827 

Person  not  exempt— evading  payment  of  tolls, 
fine  against:  Penal  Code,  sec.  389. 

§  2815.  On  application  by  an  officer  of  the  com- 
pany, the  Commissioner  of  Highways,  or  Road 
Overseer  of  the  district  where  the  same  exists, 
may  inquire  into  any  encroachment  upon  the 
lands  of  the  company  used  for  the  purposes  of  the 
road,  caused  by  fence,  building,  or  otherwise,  and 
he  must,  if  he  finds  it  does  exist,  require  or 
cause  its  removal  as  provided  for  highway  en- 
croachments in  Article  VIII,  chapter  II,  of  this 
Title. 

Obstructions  and  injuries  to  highways:  Sees. 
2743-2750. 

Penalty  for  failure  to  remove  encroachment: 
Sec.  2816. 

§  2816.  Every  person  who,  having  the  control 
thereof,  neglects  to  remove  an  encroachment  after 
being  notified  thereof,  or  permits  the  same  to  re- 
main after  notice,  unless  he  immediately  com- 
mences and  diligently  prosecutes  its  removal  to 
completion,  is  liable  to  a  penalty  of  five  dollars 
for  every  day  of  such  neglect  or  failure. 

§  2817.  An  action  for  the  penalties  given  by 
this  chapter,  and  for  any  trespass  on  or  injury  to 
such  road,  may  be  maintained  in  the  county  where 
the  act  was  done,  or  in  that  where  the  defendant 
resides,  by  the  company. 

Injuries  to  toll  houses  or  turnpilie  gates — con- 
stitute misdemeanor:  Penal  Code,  sec.  589. 


ARTICLE  III. 

INSPECTION   AND    REPAIRS. 

§  2827.  Inspection    of    roads,    and    repairs. 

§  2828.  Closing   gates,    and   penalty. 

§  2829.  Defects  in   road,   to  be   reported  to  whom. 

§  2830.  Enforcing   obedience   to   notice   and   requirement. 

§  2831.  Fees   of   Commissioner   or   Overseer. 

§  2832.  Pack    trails    in   mountain    districts. 

§  2827.  Every  Commissioner  of  Highways,  or. 
Road  Overseer  of  the  district,  to  whom  complaint 
in  writing  is  made  that  any  part  of  a  wagon,  turn- 


§§  2828-2831  Inspection  and  Repairs.  582 

pilie,  or  plank  toll  road  in  his  county  or  district,  or 
any  part  of  such  road,  the  sate  nearest  to  which 
is  iQ  his  county  or  district,  is  out  of  repair,  must 
examine  it  without  delay  and  give  notice  of  the 
defect,  particularly  describing  the  same,  to  the 
person  attending  the  gate  nearest  thereto.  If  the 
necessary  repair  is  not  made,  or  defect  remedied, 
within  three  days  after  such  notice  is  given,  the 
Commissioner  or  Road  Overseer  may  order  such 
gate  to  be  thrown  open. 

§  2828.  A  gate  so  ordered  to  be  thrown  open 
must  not  be  shut  nor  any  toll  collected  thereat  un- 
til the  Commissioner  of  Highways  or  Road  Over- 
seer ordering  it  shut  grants  a  certificate  that  the 
road  is  in  sufficient  repair,  and  that  the  gate  ought 
to  be  closed.  The  company  and  their  gatelieeper 
or  other  employee,  violating  or  permitting  the  vio- 
lation of  this  section,  or  the  order  made  under  the 
preceding  section,  are  each  liable  in  a  penalty  of 
twenty-five  dollars  for  each  offense,  to  be  recov- 
ered by  the  party  aggrieved. 

§  2829.  Every  Commissioner  of  Highways  or 
Road  Overseer  who  discovers  a  defect  in  any  toll 
road  in  his  county  or  district,  or  a  gate  placed  in 
a  situation  contrary  to  law,  must  give  written  no- 
tice thereof  to  one  or  more  of  the  Directors  or 
managing  agents  of  the  company,  requiring  the  de- 
fective road  to  be  repaired,  or  the  gate  to  be  re- 
moved, within  a  specified  time,  and  may  order 
that  in  the  meantime  such  gates  as  he  specifies  be 
thrown  open. 

§  2830.  If  the  notice  and  requirements  are  not 
obeyed,  the  Commissioner  of  Highways  or  Road 
Overseer  must  make  immediate  complaint  to  the 
District  Attorney  of  the  county,  who  must  prose- 
cute the  company  therefor  in  the  name  of  the  peo- 
ple for  so  suffei'ing  the  road  to  be  out  of  repair,  or 
of  having  placed  any  gate  in  a  situation  contrary 
to  the  law;  and  if  convicted  thereof,  the  company 
must  be  fined  not  exceeding  two  hundred  and 
fifty  dollars. 

§  2831.  The  Commissioner  of  Highways  or 
Road  Overseer  complaining  to  the  District  Attor- 
ney, or  who  malves  inspection  and  discovers  de- 
fects in  the  road,  is  entitled  to  three  dollars  for 


583  Inspection  and  Repairs.  §  2832 

eaeli  day's  services  in  inspecting  tlie  road,  or  nec- 
essarily expended  in  prosecnting  tlie  action  there- 
for, to  be  paid  in  case  of  conviction  as  costs. 
When  no  action  is  had,  bnt  repairs  are  made,  or 
gate  removed,  on  the  inspection  and  requirement 
of  tlae  Commissioner  of  Highways  or  Road  Over- 
seer, the  toll  gatherer  nearest  the  road  so  out  of 
repair,  or  the  gate  to  be  moved,  must  pay  the 
fees  hereinbefore  specified  out  of  the  tolls  collect- 
ed; if  he  refuse  to  pay  the  same,  the  same  may  be 
recovered  by  action,  vi^ith  costs. 

§  2832.  The  Boards  of  Supervisors  of  the  sev- 
eral counties  of  this  State  are  hereby  authorized 
to  permit  the  toll  road  companies  heretofore  or 
which  may  hereafter  be  organized  under  the  pro- 
visions of  this  Code,  for  the  purpose  of  construct- 
ing toll  roads  within  the  mountain  districts  of  this 
State,  to  first  construct  on  the  line  of  their  pro- 
posed toll  road  a  pacli  trail  for  the  accommodation 
of  pacli  trains  and  horsemen  and  to  collect  tolls 
thereon.  The  Board  of  Supervisors  shall  fix  the 
amount  of  license  to  be  paid  and  tolls  to  be  col- 
lected on  such  pack  trail,  and  that  no  such  permit 
or  franchise  shall  be  granted  for  a  longer  period 
than  two  years.  [New  section  approved  March 
30,  1874;  Amendments  1873-4,  p.  131.  In  effect 
March  30,  1874.] 


§§  2843, 2844      General  Provisions.  584 

CHAPTER  IV. 

PUBLIC   FERRIES   AND   TOLL   BRIDGES. 

Article  I.    General    Provisions. 
II.    Toll  Bridges. 
III.    Toll  Ferries. 

ARTICLE  I. 

GENERAL    PROVISIONS. 

§  2843.  What  Board  to  grant  authority  to  construct. 

§  2844.  Notice  must  be  proved. 

§  2845.  Duty   of   Board   of   Supervisors   granting   authority. 

§  2846.  License  tax   and  rate  of  tolls,   how  fixed. 

§  2847.  Report    of    bridge    or    ferry    owner    or    keeper. 

§  2848.  Inquiry  of  the   Board  of  Supervisors   fixing  tolls. 

§  2849.  When  to  direct  license  to  issue. 

§  2850.  Bond,  conditions  and  execution. 

§  2851.  When    bridge    unites    two    counties. 

§  2852.  Supervisors   shall    not   act   if   interested. 

§  2853.  Toll    bridge   or   ferry   within    one   mile    of   another. 

when. 

§  2854.  Owner  of  land  preferred  to  build  bridge  or  ferry. 

§  2855.  How  lands  are  acquired  for  use  of  bridge  or  ferry. 

§  2856.  Must   post   rates  of   toll. 

§  2857.  Revenue   derived   from   license,    how   disposed    of. 

§  2858.  To  keep  banks  in  repair. 

§  2843.  When  authority  to  construct  a  toll 
bridge,  or  to  erect  and  keep  a  ferry  over  waters 
dividing  two  counties  is  desired,  application  must 
be  made  to  the  Board  of  Supeiwisors  of  that  coun- 
ty situated  on  the  left  bank  descending  such  bay, 
river,  creek,  slough,  or  arm  of  the  sea. 

Basis  of  section:  Stats.  1855,  p.  18.3. 

Maintaining  toll  bridge  or  ferry  without  author- 
ity is  misdemeanor:  Penal  Code,  sec.  386. 

Power  of  Supervisors  to  license  ferries:  See  sec. 
4046. 

§  2844.  Tlie  Board  of  Supervisors  must  not 
grant  authority  to  construct  or  erect  a  toll  bridge 
or  ferry  until  the  notice  of  such  intended  applica- 
tion has  been  given  as  respectively  required  in 
Articles  II  and  III  of  this  chapter. 

Section  founded  on  Stats.  1855,  p.  184. 


585  General  Provisions.       §§  2845-2847 

§  2845.  The  Board  of  Supervisors  granting  au- 
tliority  to  construct  a  toll  bridge  or  to  lieep  a  pub- 
lic ferry,  must  at  the  same  time: 

1.  Fix  the  amount  of  a  penal  bond  to  be  given 
by  the  person  or  corporation  owning  or  taking 
tolls  on  the  bridge  or  ferry  for  the  benefit  of  the 
county,  and  all  persons  crossing  or  desiring  to 
cross  the  same,  and  provide  for  the  annual  renew- 
al thereof. 

2.  Fix  the  amount  of  license  tax  to  be  paid  by 
the  person  or  corporation  for  taking  tolls  thereon, 
not  less  than  three  nor  over  one  hundred  dollars 
per  month,  payable  annually. 

3.  Fix  the  rate  of  tolls  whiclimaybe  collected  for 
crossing  the  bridge  or  ferry,  whicli  must  not  raise 
annually  an  income  exceeding  fifteen  per  cent  on 
tlie  actual  cost  of  the  construction  or  erection  and 
maintenance  of  the  bridge  or  ferry  for  the  first 
year,  nor  on  the  fair  cash  value,  together  with  the 
repairs  and  maintenance  thereof  for  any  succeed- 
ing year. 

4.  Make  all  necessary  ordeis  relative  to  the  con- 
struction, erection,  and  business  of  licensed  toll 
bridges  or  ferries  which  they  have  by  law  the 
power  to  make.  The  Board  of  Supervisors  may, 
at  any  time  they  see  fit.  authorize  and  maintain 
fords  across  any  water  within  any  distance  of  any 
licensed  toll  bridge  or  ferry. 

Basis  of  section:  Stats.  1870,  p.  887. 

§  2846.  The  license  tax  and  rate  of  toll  fixed 
as  provided  in  the  preceding  section  must  not  be 
increased  or  diminished  during  the  term  of  twenty 
years,  at  any  time,  unless  it  is  shown  to  the  satis- 
faction of  the  Board  of  Supervisors  that  the  re- 
ceipts from  tolls  in  any  one  year  is  disproportion- 
ate to  the  cost  of  construction  or  erection,  or  the 
fair  cash  value  thereof,  together  with  the  cost  of 
all  necessary  repairs  and  maintenance  of  the 
bridge  or  ferry.  The  license  tax  fixed  by  the 
Board  of  Supervisors  must  not  exceed  ten  per  cent 
of  the  tolls  annually  collected. 

§  2847.  Every  owner  or  keeper  of  a  toll  bridge 
or  ferry  must  report  annuall.v  to  the  Board  of  Su- 
pervisors from  which  his  license  is  obtained,  under 
oath,  the  following  facts: 

1.  The  actual  cost  of  the  construction  or  erec- 
tion, and  equipment  of  the  toll  bridge  or  ferry. 


§§  2848-2850      General  Provisions.  586 

2.  The  repairs  made  during  the  preceding  year, 
and  the  actual  cost  thereof. 

3.  The  expense  of  labor  and  hire  of  agents,  and 
other  costs  necessarily  incurred  in  and  about  the 
conduct  of  their  business. 

4.  The  amount  of  tolls  collected:  and 

5.  The  estimated  actual  cash  value  of  the  bridge 
or  ferry,  exclusive  of  the  franchise. 

Basis  of  section,  and  of  next:  Stats.  1870,  p.  887. 

§  2848.  Whenever  the  Board  of  Supervisors 
are  about  to  fix  the  license  tax  and  rate  of  tolls  on 
a  bridge  or  ferry  they  must  make  inquiry  into  the 
present  actual  cash  value  and  the  cost  of  all  nec- 
essary repairs  and  maintenance  thereof,  and  for 
that  purpose  may  examine,  under  oath,  the  owner 
or  lieeper  of  the  same,  and  other  witnesses,  and 
the  assessed  value  of  the  bridge  or  ferry  on  the 
assessment  roll  of  the  county.  When  the  estimate 
of  the  Board  is  made,  if  the  same  is  not  agreed  to 
by  the  owner  or  lieeper  of  the  bridge  or  ferry,  the 
same  must  be  fixed  by  three  Commissioners,  one 
to  be  appointed  by  the  Board  of  Supervisors,  one 
by  the  owner  and  keeper,  and  the  third  by  the 
County  Judge,  who  must  hear  testimony  and  fix 
such  value  and  cost  according  to  the  facts,  and  re- 
port the  same  to  the  Board  of  Supervisors  under 
oath.  In  all  estimates  of  the  fair  cash  value  of 
the  bridge  or  ferry  the  value  of  the  franchise  must 
not  be  taken  into  consideration. 

Stats.  1869-70,  p.  887,  sec.  1. 

County  Judge  superseded  by  Judge  of  Superior 
Court:  See  C/onst.  Cal.,  1879,  art.  22.  sec.  3. 

§  2849.  When  the  cost  of  construction  or  erec- 
tion and  equipment  of  the  bridge  or  ferry,  or  the 
fair  cash  value  thereof,  together  with  the  cost  of 
needed  repairs  and  the  conduct  and  maintenance 
of  the  same,  is  ascertained  and  fixed  for  the  pre- 
ceding year,  the  Board  must,  on  such  ascertained 
amount,  fix  the  annual  license  tax  rate  of  tolls, 
and  the  amount  of  the  penal  bond,  and  direct  a 
license  to  be  issued  by  the  Clerk. 

Basis  of  section:  Stats.  1870,  p.  880. 

Licenses  generally:  See  sees.  3356  et  seq. 

§  2850.  The  bond  required  of  the  owner  or 
keeper    of    the  toll    bridge    or    ferry    must     be 


587  General  Provisions.       §§  2851-2853 

in  the  sum  fixed  by  tlie  Board  of  Supervis- 
ors, -with  one  or  more  sureties,  and  conditioned 
ttiat  tlie  toll  bridge  or  ferry  will  be  kept  in  good 
repair  and  condition,  and  that  the  keeper  will 
faithfully  comply  with  the  laws  of  the  State  and 
all  legal  orders  of  the  Board  of  Supervisors  reg- 
ulating the  same,  and  pay  all  damages  recovered 
against  him  by  any  person  injured  or  damaged 
by  reason  of  delay  at  or  defect  in  such  bridge  or 
ferry,  or  in  any  manner  resulting  from  a  noncom- 
pliance with  the  laws  or  lawful  orders  regulating 
the  same.  The  bond  must  be  approved  by  the 
President  and  filed  with  the  Clerk  of  the  Board 
of  Supervisors. 

Basis  of  section:  Stats.  1855,  p.  186. 

Violating  conditions  of  undertaking  to  keep  fer- 
ry, is  misdemeanor:  Penal  Code,  sec.  387. 

§  2851.  The  license  tax  for  a  ferry  or  bridge 
connecting  two  coimties  must  be  paid  to  the 
Treasurer  of  the  county  granting  it,  and  the  li- 
cense issued  by  the  Auditor  thereof;  but  the  Treas- 
urer of  such  county  must  pay  to  the  Treasury  of 
the  coiinty  in  which  the  other  end  or  landing  of 
the  bridge  or  ferry  is  located  one-half  the  sum  so 
received  annually,  or  the  Auditor  may  issue  the 
license  on  filing  with  him  receipts  for  their  respec- 
tive halves  of  the  tax  taken  from  the  Treasurer 
of  each  of  the  two  counties. 

Basis  of  section:  Stats.  1855,  p.  183. 

Delinquent  bridge  or  ferry  license  tax — proceed- 
ings to  collect  instituted  after  thirty  days:  See 
Stats.  1872,  p.  539. 

§  2852.  When  a  Supervisor  is  interested  in  an 
application  to  erect,  construct,  or  talie  tolls,  or 
alter  tolls  on  a  bridge  or  ferry,  he  shall  not  act 
in  any  of  such  matters.  [Amendment,  approved 
April  3,  1880:  Amendments  1880,  p.  23.  In  effect 
.  April  3,  1880.] 

§  2853.  No  toll  bridge  or  ferry  must  be  estab- 
lished within  one  mile  immediately  above  or  be- 
low a  regularly  established  ferry  or  toll  bridge, 
imless  the  situation  of  a  town  or  village,  the  cross- 
ing of  a  public  highway,  or  the  intersection  of 
some  creek  or  ravine  renders  it  necessary  for  pub- 
lic convenience.    In  addition  to  the  public  notice 


§§  2854-2858       General  Provisions.  588 

hereinafter  required,  notice  of  intention  to  apply 
for  authority  to  erect  a  toll  bridge  or  ferry,  as  in 
tliis  section  provided,  must  be  served  upon  the 
proprietor  of  the  ferry  or  toll  bridge  already  es- 
tablished at  least  ten  days  prior  thereto,  giving 
the  time  and  place  and  grounds  of  such  applica- 
tion. 
Basis  of  section:  Stats.  1855,  p.  183;  1861,  p.  307. 

§  2854.  The  owner  of  land  on  either  side  of  the 
waters  to  be  crossed,  and  the  owner  of  the  land 
on  the  left  bank  descending  over  the  owner  of 
land  on  the  right  bank,  is  entitled  to  preference 
in  procuring  authority  to  construct  a  bridge  or 
ferry:  but  where  such  owner  fails  or  neglects  to 
apply  for  such  authority  within  a  reasonable  time 
after  the  necessity  tlierefor  arises,  the  Board  of 
Supervisors  may  grant  such  authority  to  another. 

§  2855.  When  there  are  lands  necessary  for 
the  construction,  erection,  or  use  of  such  bridge 
or  ferry  which  cannot  be  procured  by  agreement 
between  the  owner  or  corporation  and  the  land- 
owner, the  riglit  of  way  and  all  other  lands  neces- 
sary for  the  use  and  construction  or  erection  there- 
of may  be  acquired  by  condemnation. 

Condemnation — Eminent  Domain:  Sec.  44. 

§  2856.  Every  licensed  toll  bridge  or  ferry  must 
have  the  rates  of  toll  as  fixed  by  the  Board  of  Su- 
pervisors, printed  or  written,  posted  up  in  some 
conspicuous  place  on  or  near  the  bridge  or  ferry. 

§  2857.  The  proceeds  of  the  license  tax  on  fer- 
ries and  toll  bridges  must  be  paid  into  the  County 
Treasury  for  the  use  of  roads  and  highways,  or 
may  be  used  by  the  Board  of  Supervisors  at  any 
time  in  the  purchase  of  toll  roads  and  toll  bridges. 

Basis  of  section  and  of  next:  Stats.  18.55,  p.  187. 

§  2858.  All  ferry  and  toll  bridge  keepers  must 
keep  the  banks  of  the  streams  or  waters  at  the 
landings  of  their  ferries  or  bridges  graJed  and  in 
good  order  for  tlie  passage  of  vehicles.  For  every 
day  compliance  herewith  is  neglected  twenty -five 
dollars  is  forfeited,  to  be  collected  for  the  use  of 
the  Road  Fund  of  the  county. 

Stats.  1855,  p.  187,  sec.  22. 


589  Toll  Bridges.  §§  2870-2872 

ARTICLE  II. 

TOLL  BRIDGES. 

§  2870.  Application  for  leave  to  construct. 

§  2871.  Hearing    application. 

§  2872.  Action  of  the  Board  of  Supervisors. 

§  2873.  What   the  Board  of   Supervisors   may  require. 

§  2874.  Use  of  highways. 

§  2875.  How   constructed    over   navigable   waters. 

§  2876.  Supervisors   may  regulate. 

§  2877.  Channel   of  streams   navigable  by  rafts   to  be   kept 

clear. 

§  2878.  Completion  of  bridge,  rate  of  toll,  and  license  tax. 

§  2879.  Persons  exempt. 

§  2880.  Penalty  for  avoiding  tolls. 

§  2881.  County   may   purchase    toll    bridge. 

§  2870.  Every  applicant  for  authority  to  con- 
struct a  toll  bridge  must  'publish  a  notice  in  at 
least  one  newspaper  in  each  county  in  which  the 
bridcre  or  any  part  of  it  is  to  be.  or  if  no  paper  is 
published  tlierein,  in  an  adjoining  county,  once 
in  each  weelx  for  six  successive  weeks,  specifying 
the  location,  the  length,  and  breadth  of  the  bridge, 
and  the  time  at  which  the  application  hereinafter 
required  will  be  made.  After  notice  is  given,  ap- 
plication must  be  made  to  the  Board  of  Supervis- 
ors of  the  proper  county,  at  any  meeting  specified 
in  the  notice,  for  authority  to  construct  it. 

Basis  of  section:  Stats.  1870,  p.  887. 

§  2871.  On  the  hearing,  any  person  may  ap- 
pear and  be  heard,  the  Board  may  talve  testimony 
or  authorize  it  to  be  talvcn  by  any  judicial  officer 
of  the  county;  and  it  may  adjourn  the  hearing 
from  time  to  time.  A  copy  of  the  articles  of  incor- 
poration, certified  by  the  Secretary  of  State,  or  by 
the  Clerli  where  they  are  filed,  must  be  attached 
to  and  filed  with  tlie  application  if  made  by  a  cor- 
poration. 

Articles  of  incorporation:  Civil  Code,  sees.  289, 
290,  et  seq. 

§  2872.    If  the  Board  are  of  opinion  that  the 

public  interests  will  be  promoted  thereby,  it  may, 

by  the  assent  of  a  majority  of  all  the  members  of 

the  Board,  grant  the  application  by  an  order  eu- 

Pol.  Code— 50. 


^§  2873-2876  Toll  Bridges.  590 

tered  in  its  minutes,  and  particularly  describing 
the  bridge.  The  applicant  must  cause  a  certified 
copy  of  the  order,  with  a  copy  of  the  application, 
to  be  recorded  in  the  office  of  the  Clerli  of  the 
county  before  proceeding  under  it;  provided,  that 
the  Board  of  Supervisors  shall  not  have  power  to 
license  bridges  across  the  Sacramento  or  San 
Joaquin  rivers,  the  Suisun  bay,  or  Carquinez 
straits,  the  Petaluma,  Napa,  or  Sonoma  creelvs,  ex- 
cept at  points  above  the  head  of  navigation  on 
said  streams.  [Amendment  approved  March  14, 
1878;  Amendments  1877-8,  p.  52.  In  effect  March 
14,  1878.] 

§  2873.  The  Board  of  Supervisors  may,  at  the 
time  of  granting  authority  to  construct  a  toll 
bridge,  by  oi-der,  require  the  bridge  to  be  con- 
structed within  a  certain  time,  to  be  of  a  certain 
width,  character,  or  description,  and  to  be  con- 
structed of  certain  materials,  which  order  must  be 
complied  with  by  the  owner  or  corporation  con- 
structing tlie  same  before  license  to  talie  tolls  is 
issued. 

Basis  of  section:    Stats.  1855,  p.  184. 

§  2874.  The  corporation  or  bridge  owner  may 
use,  in  such  manner  as  prescribed  by  the  Board, 
so  much  of  any  public  road  on  either  side  of  the 
stream  or  waters  as  may  be  necessary  for  con- 
structing and  maintaining  the  bridge  and  toll 
houses. 

§  2875.  All  bridges  constructed  under  this 
chapter  crossing  navigable  streams  must  be  so 
constructed  as  not  to  obstruct  navigation,  and 
must  have  a  draw  or  swing  of  sufficient  space  or 
span  to  permit  the  safe,  convenient,  and  expedi- 
tious passage  at  all  times  of  any  steamer,  vessel, 
or  raft  which  may  navigate  the  stream  or  water 
bridged. 

Basis  of  section  and  next  two:  Stats.  1870,  p. 
888. 

§  2876.  The  Board  of  Supervisors  may,  by  or- 
der, regulate  and  govern  the  amount  of  weight 
and  number  of  animals  that  may  be  driven  on  to 
a  toll  bridge  at  any  one  time,  and  prescribe  rules 
for  the  government  of  the  draws  or  swings  and 
attendance  of  the  same,  and  prescribe  penalties 
for  disobedience  of  such  rules. 


591  Toll  Bridges.  §§  2877-2881 

§  2877.  Any  one  bridgins-  a  stream  navigated 
or  navigable  must  at  all  times  Iveep  the  channel 
above  and  belo^A'  the  bridge  clear  from  all  deposits 
occasioned  by  its  erection  and  prejudicial  to  such 
navigation,  and  is  liable  to  pay  to  all  persons  un- 
reasonably hindered  or  delayed  in  passing  such 
bridge  Avith  rafts  or  vessels  all  damages  sustained 
thereby. 

§,  2878.  Every  bridge  erected  under  these  pro- 
visions must  have  good  and  substantial  railings  or 
sidings,  at  least  four  and  a  half  feet  liigh.  When 
a  bridge  is  completed,  and  a  certificate  that  it  is 
so,  and  is  safe  and  convenient  for  the  public  use, 
is  signed  by  the  Commissioner  of  Highways,  or 
President  of  the  Board  of  Supervisors,  and  filed 
in  the  County  Clerk's  office  in  the  county  or  coun- 
ties in  which  it  is  located,  the  Directors  or  owner 
may  erect  a  toll  gate  at  such  bridge  and  require 
such  tolls  as  the  Board  of  Supervisors  of  the  coun- 
ty or  counties  from  time  to  time  prescribe.  A  li- 
cense therefor  must  be  issued  by  the  Auditor  of 
the  county  on  giving  the  necessary  bond  and  pay- 
ing the  license  tax  fixed  therefor. 

Basis  of  section:  Stats.  1855,  p.  183. 

§  2879.  Any  person  going  to  or  from  a  funeral, 
school,  performing  highway  labor,  or  attending 
a  military  parade,  or  Court  which  by  law  he  is 
required  to  attend  as  a  witness  in  a  criminal  case, 
is  exempt  from  the  payment  of  tolls. 

Person  not  exempt— evading  toll,  fine  against: 
Penal  Code,  sec.  389. 

§  2880.  Any  person  liable  to  pay  toll  forcibly 
or  fraiidulently  passing  the  gate  of  a  toll  bridge 
without  paying  the  toll  is  liable  to  a  penalty  of 
ten  dollars  in  addition  to  the  damages  caused,  to 
be  recovered  by  the  owner. 

Basis  of  section  and  of  next:  Stats.  1880,  p.  888. 

Passing  gate  of  toll  bridge  and  evading  pay- 
ment, fine  for:  Penal  Code,  sec.  389. 

§  2881.  Within  the  same  time,  in  like  manner,, 
and  to  the  same  effect  as  toll  roads  are  purchased 
under  tlie  provisions  of  sections  2802  and  2803, 
the  county  or  counties,  jointly  acting,  in  which 
the  same  is  situated,  may  purchase  a  toll  bridge 
constructed  under  the  provisions  of  this  chapter. 


§§  2892-2894  Toll  Ferries.  592 

ARTICLE  III. 

TOLL  FERRIES. 

§  2892.  Application   for   leave   to   erect,   and   notice. 

§  2893.  Duty  of  the  Board  of  Supervisors. 

§  2894.  Powers   of   the   Board   of   Supervisors. 

§  2895.  Penalties,   how  disposed  of. 

§  2892.  Every  applicant  for  aiitliority  to  erect 
and  talie  tolls  on  a  public  ferry  must  publish  a  no- 
tice in  at  least  one  newspaper  in  each  county  in 
which  the  ferry  is  or  touches,  or  if  there  is  no 
newspaper  published  therein,  then  in  one  pub- 
lished in  an  adjoining  county,  and  by  posting 
three  notices  in  three  public  places  in  the  town- 
ship for  four  successive  weelis,  specifying  the  loca- 
tion and  the  time  and  place  Avhen  and  where  the 
application  will  be  made.  After  notice  is  given 
application  must  be  made  in  writing,  under  oath, 
to  the  Board  of  Supervisors  of  the  proper  county, 
the  landings  of  the  proposed  ferry  must  be  de- 
scribed, and  the  names  of  the  owners  thereof  giv- 
en, if  known;  and  if  the  applicant  is  not  the  owner 
of  tlie  land,  that  notice  of  the  application  has  been 
served  on  the  owner  thereof  at  least  ten  days 
prior  to  the  application. 

Basis  of  section  and  of  next  two:  Stats.  1855. 
p.  183. 

§  2893.  At  the  hearing,  proof  of  giving  the  no- 
tice, as  required  by  the  preceding  section,  must  be 
made,  and  any  person  may  appear  and  contest 
the  application.  If  the  Board  finds  that  the  ferry 
is  either  a  public  necessity  or  convenience,  and 
that  the  applicant  is  a  suitable  person,  and  by 
reason  of  ownership  of  tlie  landing  or  failure  of 
the  owner  thereof  to  apply  is  entitled  thereto,  au- 
thority to  erect  and  take  tolls  on  the  ferry  may  be 
granted  to  him  for  the  term  of  twenty  years. 

§  2894.  The  Board  of  Supervisors  may  make 
all  needful  rules  and  regulations  for  the  govern- 
ment of  ferries  and  ferry  keepers,  prescribing: 

1.  How  many  boats  must  be  kept,  their  charac- 
ter, and  how  propelled; 

2.  The  number  of  hands,  boatmen,  or  ferrymen 
to  bo  employed,  and  rules  for  their  government; 


593  Wharves,  Chutes  and  Piers.  §§  2895-2906 

3.  How  many  trips  to  be  made  daily. 

4.  AVhen  and  nnder  what  circumstances  to  malie 
trips  in  the  ni^ht-time; 

5.  Who  may  be  ferried  free  of  toll ; 

6.  Tn  what  cases  of  danger  or  peril  not  to  cross; 

7.  Penalties  for  violation  of  regulations; 

8.  In  case  of  steamboats,  the  rate  of  speed; 

9.  The  method  of  and  preference  in  loading  and 
crossing;  and 

10.  How  and  by  whom  action  must  be  brought 
to  recover  penalties. 

§  2895.     Penalties  recovered  under  this  article 
must  be  paid  to  the  County  Treasury  for  the  use 
of  the  General  Road  Fund  of  the  county. 
"Basis  of  article:  Stats.  1855,  183;  1869-70,  70. 


CHAPTER  V. 

WHARVES,    CHUTES,    AND    PIERS. 

§  2906.  Board  of  Supervisors  to  authorize  construction. 

§  2907.  Application,    what   to   contain   and   how   made. 

§  2908.  Petition   relative  to   lands   not  owned  by  applicant. 

§  2909.  Notice    served    on    non-residents. 

§  2910.  Board  to  hear  proof,  and  may  grant  authority. 

§  2911.  Overflowed   or   tide   lands  granted. 

§  2912.  One  hundred  and  fifty  feet  on  each  side  of  wharf, 

etc. 

§  2913.  How   to   obtain   use   of   lands. 

§  2914.  Dimensions   of  wharves,    etc. 

§  2915.  Franchise,    what    to    constitute. 

§  2916.  Board  of  Supervisors  to  fix  rate  of  tolls,   etc. 

§  2917.  License,   and   the  tax   for. 

§  2918.  To  keep   in   good   repair. 

§  2919.  Restrictions   on    granting   authority. 

§  2920.  Cities   and   towns   exempted   and   authorized. 

§  2906.  The  Boards  of  Supervisors  of  every 
county  in  this  State  may  grant  authority  to  any 
person  or  cori)oration  to  construct  a  wharf,  chute, 
or  pier,  on  any  lands  bordering  on  any  navigable 
bay,  lake,  inlet,  creelc,  slough,  or  arm  of  the  sea, 
situate  in  or  bounding  their  counties  respectively, 
with  a  license  to  talve  tolls  for  the  use  of  the  same 
for  the  term  of  twenty  years. 

Basis  of  section:  Stats.  1858,  p.  129;  1870,  p.  52<» 


§§  2907-2909  Wharves,  Chutes  and  Piers.  594 

§  2907.  Application  therefor  must  be  made  by 
publishing  uotice  as  required  in  section  2892,  and 
filing  a  petition  in  writing,  containing: 

1.  The  name  and  residence  of  the  applicant;  and 
if  a  corporation  a  certified  copy  of  the  articles  of 
incorporation ; 

2.  A  map  of  the  waters,  and  the  name  and  loca- 
tion thereof,  and  of  the  adjoining  lands; 

3.  A  plan  of  the  wharf,  chute,  or  pier  proposed 
to  be  constructed,  and  of  the  land  within  three 
hundred  feet  thereof; 

4.  The  names  of  the  owners  of  the  lands,  and 
the  quantity  thereof  sought  to  be  used,  and  wheth- 
er the  right  to  use  the  same  is  or  is  to  be  acquired 
by  the  applicant; 

5.  The  distance  it  is  proposed  to  extend  the 
wharf,  chute,  or  pier  into  the  waters; 

6.  The  estimated  cost  of  the  construction  of  the 
wharf,  chute,  or  pier;  and, 

7.  The  time  when  the  application  will  be  made. 
Basis  of  section:  Stats.  1858,  p.  120. 

§  2908.  When  any  lands  are  sought  to  be  ap- 
propriated and  used  for  a  wharf,  chute,  or  pier,  of 
which  the  applicant  is  not  the  owner,  or  the  right 
of  way  and  use  thereof  has  not  been  obtained  by 
agreement,  these  facts  and  the  particular  descrip- 
tion of  such  land  must  be  set  forth  in  the  petition 
of  the  applicant,  and  a  copy  of  the  notice  of  appli- 
cation must  be  served  on  the  owner  thereof  by 
the  Sheriff:  of  the  county,  whose  official  return  is 
conclusive  evidence  of  service,  at  least  ten  days 
prior  to  the  appointed  day  set  for  the  hearing  of 
the  same. 

Basis  of  section:  Stats.  1858,  p.  121;  1870,  p.  527. 

§  2909.  When  the  owner  of  theland  is  a  nonres- 
ident of  the  county,  it  is  service  of  notice  for  the 
sheriff  to  leave  a  copy  with  the  occupant  or  agent 
of  the  owner;  if  none,  then  to  place  a  copy  in  the 
Post  Office  addressed  to  the  oAvuer,  thirty  days 
prior  to  the  day  set  for  the  hearing.  If  the  own- 
er is  a  minor,  insane,  idiot,  or  decedent,  notice 
must  be  served  on  the  guardian,  administrator,  or 
other  legal  representative  of  such  person. 

Basis  of  section  and  of  next  three:  Stats.  1870, 
p.  527. 


595  Wharves,  Chutes  and  Piers.  §§  2910-2913 

§  2910.  On  the  day  named  in  the  notice,  or  to 
which  the  hearing  is  adjourned,  the  Board  of  Su- 
pervisors must  hear  proof  of  publication  and  ser- 
vice of  notice;  if  satisfactory,  the  Board  must  hear 
the  allegations  of  thepetition  and  any  objections  to 
the  granting  of  the  application  and  proofs  in  sup- 
port of  eacli.  If  from  tlie  proofs  it  appear  that 
the  public  good  or  convenience  will  be  promoted 
thereh.v.  the  Board  of  Supervisors  may  grant  to 
the  applicant  the  right  to  erect  or  construct  a 
wharf,  chute,  or  pier,  as  prayed  for,  and  to  take 
tolls  for  the  use  of  the  same  for  the  term  of  twen- 
ty years. 

§  2911.  The  grant  of  authority  made  by  the 
Board  of  Supervisors,  as  provided  in  the  preced- 
ing section,  conveys  to  the  grantee  or  applicant  the 
right  of  wa.v  and  all  necessary  use  for  the  pur- 
poses of  the  wharf,  chute?  or  pier,  of  any  of  the 
overflowed,  submerged,  or  tide  lauds  belonging  to 
the  State,  particularly  describing  the  quantity 
thereof  in  the  order,  as  also  the  right  of  way  over 
any  swamp,  overflowed,  marsh,  or  tide  lands  lying 
between  the  wharf,  chute,  or  pier  and  high  or  dry 
land,  fifty  feet  in  width,  for  twenty  years. 

Overflowed  or  tide  lands  of  State:  Sec.  8440 
et  seq. 

§  2912.  The  grant  of  authority  herein  provided 
for  carries  with  it  the  right  to  have  unincumbered 
and  unobstructed  the  land  and  water  on  each  side 
of  the  wharf,  chute,  or  pier,  from  high  water  mark 
to  navigable  water,  a  distance  of  one  hundred  and 
fifty  feet,  for  the  convenience  of  landing,  loading, 
and  unloading  vessels,  but  for  no  other  purpose. 

§  2913.  Authority  to  construct  a  wharf,  chute, 
or  pier,  being  granted,  the  grantee  or  applicant 
may  procure  from  the  owner  the  right  of  way  and 
other  necessary  incidental  use  for  the  wharf,  chute, 
or  pier,  of  any  of  his  lands,  by  proceedings  had  un- 
der title  VII,  part  III,  of  the  Code  of  Civil  Proced- 
ure. Until  such  use  of  the  lands  held  adversely 
is  obtained  by  agreement,  or  by  the  proceedings 
hereinbefore  mentioned,  there  is  no  authority  to 
construct  a  wharf,  chute,  or  pier,  or  to  take  tolls 
thereon. 

Eminent  domain:  Sec.  44.  See  Code  Civ.  Proc, 
sec.  1237. 


§§  2914-2917  Wharves,  Chutes  and  Piers.  596 

§  2914.  The  wharf,  chute,  or  pier  must  not  be 
of  a  greater  width  than  seventy-five  (75)  feet,  and 
may  extend  to  navigable  water;  provided,  that  a 
wharf  constructed  upon  any  of  the  navigable  riv- 
ers, straits,  sloughs,  and  inlets  in  this  State  may 
extend  along  the  shores  for  a  distance  not  exceed- 
ing one  thousand  feet,  but  in  no  case  shall  any 
wharf,  chute,  or  pier  extend  into  the  water  so  far 
as  to  obstruct  the  free  navigation  of  the  water 
on  which  the  same  is  situated;  provided,  this 
Act  shall  not  apply  to  the  water  fronts  of  incorpo- 
rated cities  and  towns.  [Amendment,  approved 
April  16,  1880;  Amendments  1880,  p.  66.  In  effect 
April  16,  1880.1 

Basis  of  section:  Stats.  1870,  p.  527. 

§  2915.  The  orders  granting  authority,  and 
agreements,  contracts,  deeds,  and  decrees  of 
Courts  granting  the  right  of  way  and  other  use  of 
lands,  must  be  filed  and  recorded  in  the  oflice  of 
the  Recorder  of  the  county  where  the  wharf, 
chute,  or  pier  is  situate,  and  constitutes  the  fran- 
chise of  the  applicant.  The  fees  of  the  Recorder, 
as  also  the  fees  of  the  Clerk,  Sheriff,  and  other 
officers,  for  services  rendered,  must  be  paid  by  the 
applicant. 

Basis  of  section  and  of  next:  Stats.  1858,  p.  120. 

§  2916.  The  Board  of  Supervisors  must  fix  the 
rate  of  tolls  or  wharfage  for  the  use  of  the  wharf, 
chute,  or  pier,  annually,  which  must  not  produce 
an  income  of  less  than  fifteen  per  cent  per  an- 
num, nor  more  than  twenty-five  per  cent  per  an- 
num on  the  fair  cash  value  of  the  wharf,  chute,  or 
pier,  and  on  the  cost  of  repair  and  maintenance 
thereof,  exclusive  of  the  amount  paid  for  license 
imposed  by  the  next  section;  such  value  and  cost 
of  repair  and  maintenance  to  be  fixed  by  the  Board 
of  Sui)ervisors  when  levying  the  rates  of  tolls  or 
wharfage,  b.y  hearing  evidence  and  examining  the 
assessment  rolls  of  the  county.  When  fixed,  the 
rates  must  be  furnished  the  owner,  and  a  printed 
or  written  copy  thereof  conspicuously  posted  on 
the  wharf,  chute,  or  pier.  [Amendment  approved 
March  24,  1876;  Amendments  1875-6,  p.  52.  In 
effect  March  24,  1876.] 

§  2917.  When  the  wharf,  chute,  or  pier  is  com- 
pleted, and  the  tolls  or  wharfage  fixed,  the  owner 


597  Wharves,  Chutes  and  Piers.  §  2918-2920 

is  entitlod  to  a  license  to  take  the  tolls  thereon  for 
the  term  of  one  year,  to  be  issued  by  the  County 
Auditor  on  the  payment  of  such  license  tax  as  the 
Board  of  Supervisors  may  fix,  which,  except  that 
for  the  first  year,  must  not  be  more  than  ten  per 
cent  of  the  gross  receipts  for  tolls  or  wharfage  for 
the  previous  year,  to  be  paid  to  the  County  Treas- 
ury for  general  road  purposes. 

§  2918.  Any  owner  or  lieeper  of  a  wharf,  chute, 
or  pier,  who  takes  toll  or  wharfage  for  the  use  of 
the  same  when  not  in  good  repair,  or  is  unsafe  or 
dangerous,  forfeits  the  sum  of  twenty-five  dollars, 
to  be  recovered  by  order  of  the  Board  of  Super- 
visors granting  authority  to  construct  it.  for  the 
use  of  the  General  Road  Fund  of  the  county,  and 
is  liable  for  all  damages  occasioned  thereby. 

Basis  of  section:  Stats.  1858,  p.  121. 

§  2919.  No  authority  must  be  granted  under 
this  chapter  to  interfere  with  vested  rights,  nor  to 
interfere  with  or  infringe  grants  heretofore  made 
by  State  authority;  nor  does  authority  to  construct 
a  wharf,  chute,  or  pier,  continue  for  a  longer 
period  tlian  two  years,  unless  the  same  is  within 
that  time  completed. 

Basis  of  section:  Stats.  1870,  p.  527. 

§  2920.  The  lands  of  the  State  situate  in  the 
City  and  County  of  San  Francisco,  and  those  oth- 
erwise disposed  of  or  situate  witliin  the  limits  of 
any  incorporated  town  or  city  of  this  State,  are  ex- 
cluded from  the  provisions  of  this  chapter.  The 
municipal  authorities  of  any  incorporated  city  or 
town  other  than  San  Francisco  may  grant  author- 
ity to  construct  wharves,  chutes,  and  piers,  as  is 
herein  provided,  for  the  Board  of  Supervisors. 

Basis  of  section:  Stats.  1858,  p.  129. 


§§  2931-2933  Miscellaneous  Provisions.  598 


CHAPTER  VI. 

MISCELLANEOUS  PROVISIONS   RELATING   TO  PUBLIC 

WAYS. 

§  2931.  Laws   of   the   highway. 

g  2932.  Driver  addicted  to  intoxication. 

§  2933.  Notice  to  employer  of  driver's  intoxication. 

§  2934.  Horses    to   be    fastened    while    standing. 

§  2935.  Penalties,   how   and  by  whom   recovered. 

§  2&3G.  Liability  of  owners  for  damages  done  by  drivers. 

§  2937.  Exceptions   to   preceding  sections. 

§  2938.  Protection   of  bridges. 

§  2931.  When  vehicles  meet,  the  drivers  of 
each  must  turu  seasonably  to  the  right  of  the  cen- 
ter of  the  liishway,  so  as  to  pass  without  interfer- 
ence, under  a  penalty  of  twenty-five  dollars  for 
every  neglect,  to  be  recovered  by  the  party  in- 
jured. Where  the  whole  breadth  of  a  roadway  is 
not  worlied.  the  center  of  the  worl^ed  part  is  to  be 
deemed  the  center  of  the  highway.  In  time  of 
snow,  where  there  is  a  beaten  track,  the  center  of 
that  is  to  be  deemed  the  center  of  the  highway. 
But  this  section  does  not  apply  to  vehicles  meet- 
ing cars  running  on  rails  or  grooved  tracks. 

§  2932.  No  person  must  employ  to  drive  any 
vehicle  for  the  conveyance  of  passengers  upon  any 
public  highway,  a  person  addicted  to  drunken- 
ness, under  penalty  of  five  dollars  for  every  day 
such  person  is  in  his  employment. 

Intoxication — of  railway  driver,  conductor,  etc., 
or  telegraph  operator,  is  misdemeanor:  Penal  Code, 
sec.  391. 

§  2933.  If  any  driver,  whilst  actually  employ- 
ed in  driving  any  siich  vehicle,  is  intoxicated  to 
such  a  degree  as  to  endanger  the  safety  of  his 
passengers,  the  owner,  on  receiving  from  any 
such  passenger  a  written  notice  of  the  fact,  veri- 
fied by  his  oath,  must  forthwith  discharge  such 
driver;  and  if  he  has  such  driver  in  his  service 
within  six  months  after  such  notice,  he  incurs  a 
like  penalty. 

Intoxication  of  certain  employees:  See  Penal 
Code,  sec.  391. 


599  Miscellaneous  Provisions.  §§  2934-2938 

§  2934.  Tlie  driver  of  any  veliicle  used  to  con- 
vey passengers  must  not  leave  tlie  horses  attached 
thereto  while  passengers  remain  in  o>-  same, 
without  first  securely  fastening  the  horses  or 
placing  the  lines  in  the  hands  of  some  other  per- 
son, so  as  to  prevent  their  running,  under  a  pen- 
alty of  twenty  dollars  for  each  offense. 

§  2935.  The  penalties  provided  by  the  three 
preceding  sections  are  to  be  recovered  by  the  Dis- 
trict Attorney  of  the  county  in  which  the  offender 
resides,  for  the  use  of  the  County  Road  Fund. 
Any  action  for  a  penalty  incurred  under  the  last 
section  must  be  commenced  within  six  months. 

§  2936.  The  owner  of  every  vehicle  running  or 
traveling  upon  any  road  for  the  conveyance  of 
passengers,  is  liable  for  all  damages  to  persons 
or  property  done  by  any  person  in  his  employment 
as  a  driver  while  driving  such  vehicle,  whether 
done  willfully  or  negligently,  or  otherwise,  in  the 
same  manner  as  such  driver  would  be  liable. 

Carriers  of  persons:  Civil  Code,  sec.  2096  et  seq. 

Common  carriers:  Civil  Code,  sec.  2186  et  seq. 

§  2937.  Nothing  contained  in  the  six  preced- 
ing sections  must  affect  any  law  concerning  hacli- 
ney  coaches  or  carriages  in  any  city,  nor  affect 
laws  or  ordinances  of  any  citj^  for  the  licensing 
or  regulating  such  coaches  or  carriages. 

§  2938.  The  owner  of  any  toll  bridge,  and  any 
plank  road  company  owning  a  bridge  of  not  less 
than  twenty  feet  span,  may  put  up  conspicuously 
at  each  end  of  it  notice  in  these  words  in  large 
characters:  "Five  dollars'  fine  for  riding  or  di'iv- 
ing  on  this  bridge  faster  than  a  walk;"  and  who- 
ever rides  or  drives  faster  than  a  walk  on  such 
bridge  forfeits  to  the  owner  the  sum  of  five  dol- 
lars. 

Fast  driving  or  riding-  on  toll  bridges,  fine  for: 
Penal  Code.  sec.  388. 


§  2949 


Immierration. 


600 


TITLE   VII. 
GENERAL  POLICE  OF  THE  STATE. 

Chapter  I.    Immigration. 

II,    Presorvation  of  the  Public  Health. 
III.    Kegistry  of   Births,     Marriages     and 

Deaths. 
lY.    Dissection. 
V.    Cemeteries  and   Sepulture. 
VI.    Lost   and   Unclaimed   Property. 
VII.    ]Marks  and  Brands. 
VIII.    Weights  and   Measures. 

IX.    L.'ibor     and     Materials      on      Public 

Buildings. 
X.    Hours  of  Labor. 
XI.    Time. 

XII.    Money  of  Account. 
XIIT.    Auctions. 
XIV.    Fires  and  Firemen. 
XV.     Licenses. 


CHAPTER  L 

IMMIGRATION. 

3  2949,  Duties  of  masters  of  vessels  arriving  In  California, 

1  2950.  Form  of  report. 

2  2951.  Oath  to  be  administered  to  certain  passengers. 
I  2952.  Lepers,  lazarettos  for. 

I  2953.  Additional  bond  in  certain  cases.    (Repealed.) 

^  2954.  Nature  of  bond. 

i  2955.  Lepers,  examination  and  disposition  of. 

i  2956.  Action  on  bond. 

i  2957.  Penalty  for  neglect  to  give  bond. 

i  2958.  (Commutation  Fund,  where  placed. 

^  2959.  Fines  and  penalties,  lien  on  vessel. 

?  2960.  Other  commutations. 

i  2961.  Commutation  money  to  be  paid  into  State  Treasury. 

8  2962.  Certain  vessels  exenipted. 

f,  2963.  Certain  persons  exempted. 

I  2964.  Powers  and  duties  of  Commissioners  of  Immigration. 

3  2965.  Same  and  fees. 

I  2966.  Ex  ofiBcio  Commissioners. 

a  2967.  Duties  of  District  Attorneys.    (Repealed.) 

3  2968.  Bond  of  Commissioner. 

I  2969.  Disposition  of  funds. 

§  2949.    Within  twenty-four  hours  after  the  ar- 
rival of  any  vessel  arriving  at  any  of  the  ports  of 


001  Immigratiou.  §S  2950,  2951 

this  State,  bringing  passengers  from  any  place  out 
of  tliis  State,  tlie  master  of  such  vessel  must  malve 
on  oath  to  the  Commissioner  of  Immigration  at 
such  port  a  written  i*eport. 

Chinese  immigration— to  be  discouraged:  Const. 
Cal.,  1879.  art.  19,  sec.  4. 

Importing  foreign  convicts— is  misdemeanor: 
Penal  Code,  sec.  173;  separate  prosecution  for 
eacli  person  landed,  sec.  175. 

Landing  Cliinese  without  permit— punishment 
for:  Penal  Code,  sec.  174;  separate  prosecution  for 
each  person  landed,  sec.  175. 

§  2950.    The  report  must  state: 

1.  The  name,  place  of  birth,  last  residence,  age, 
and  occupation  of  all  such  passengers  who  are 
not  citizens,  or  who  shall  have,  witliin  the  last 
preceding  twelve  months,  arrived  from  any  coun- 
try out  of  the  United  States,  and  who  have  not 
been  examined,  bonded,  or  paid  commutation 
money,  as  provided  in  this  chapter,  or  have  been 
landed  from  any  sucli  vessel  at  any  place  during 
her  last  voyage,  or  who  have  gone  on  board  of 
any  vessel  with  the  intention  of  coming  into  this 
State,  or  who  may  have  died  during  the  last  voy- 
age of  such  vessel;  and, 

2.  Whether  any  of  the  passengers  so  reported 
are  lunatic,  idiotic,  deaf,  dumb,  blind,  crippled,  in- 
firm, or  are  lepers,  or  persons  affected  with  any  of 
the  diseases  Ivnown  as  leprosy  or  elephantiasis. 

3.  The  names  and  residences  of  the  owners  of 
such  vessels.  [Amendment  approved  March  25, 
1876:  Amendments  1875-6,  p.  53.  In  effect  March 
25,   1876.] 

Subdivision  2.  Lepers— disposition  of:  See  sec. 
2952. 

§  2951.  The  master  or  commander  of  the  ves- 
sel must  administer  to  any  passenger  of  foreign 
.birth,  who  declares  himself  a  citizen  of  the  United 

States,   the  following  oath:     "I  ,    do 

solemnly  swear  (or  afRrm)  that  I  was  born  in  — — ; 
that  I  am  a  naturalized  citizen  of  the  United 
States;  that  T  was  naturalized  and  received  my 

certificate  of  naturalization  in  the  State  of , 

in  the  vear  ." 

Pol.  Code— 51. 


§§  2952-2955  Immigration.  G02 

§  2952.  It  shall  not  be  lawful  for  lepers  or  per- 
sons affected  with  leprosy  or  elephantiasis  to  live 
in  ordinary  intercourse  with  the  population  of  this 
State;  but  all  such  persons  shall  be  compelled  to 
inhabit  such  lazarettos  or  lepers'  quarters  as  may 
be  assigned  to  them  by  the  Board  of  Supervisors 
of  the  city  or  county  in  which  they  shall  be  dom- 
iciled or  settled,  and  the  Board  of  Supervisors  are 
vested  with  power  and  are  required  to  make  all 
necessary  provisions  for  the  separation,  detention, 
and  care  of  lepers  or  persons  affected  with  leprosy 
or  elephantiasis,  settled  or  domiciled  in  their  re- 
spective cities  or  counties.  The  Superintendent  or 
manager  of  all  lepers'  quarters  under  this  chap- 
ter shall  forward  quarterly  statements,  showing 
the  name,  age,  sex,  and  birth-place  of  each  leper 
in  such  quarter,  to  the  Secretary  of  State,  who 
shall  keep  a  proper  record  of  such  matters  for  the 
information  of  the  public.  [Amendment  ap- 
proved March  25,  1876;  Amendments  1875-6,  p.  53. 
In  effect  March  25,  1876.] 

§  2953.  [TJepealed  March  30,  1874;  Amend- 
ments 1873-4,  p.  39.     In   effect  July  6.  1874.] 

§  2954.  The  bond  required  by  the  next  preced- 
ing section,  must  be  a  separate  bond  for  each  pas- 
senger, and  the  same  sureties  must  not  be  upon 
more  than  one  bond.  Each  bond  must  be  secui-ed 
by  two  or  more  sufficient  sureties,  residents  of  the 
State,  each  of  whom  must  prove,  before  the  Com- 
missioner of  Immigration,  by  oath  or  otherwise, 
indorsed  in  writing  on  such  bond,  that  he  is  a  free- 
holder and  resident  of  the  State,  and  is  worth 
double  the  amount  of  the  penalty  of  the  bond  in 
real  estate,  over  and  above  all  his  debts  and  lia- 
bilities. The  bond  may,  at  the  option  of  the  party, 
be  secured  by  mortgage  on  real  estate,  or  by  the 
pledge  and  transfer  of  United  States  bonds,  or 
Controller's  warrants  of  this  State  in  any  amount 
sufficient  to  secure  the  same.  [Amendment  ap- 
proved March  .30.  1874:  Amendments  1873-4,  p.  41. 
In  effect  July  6,  1874.] 

General  basis  of  section:  Stats.  1852,  p.  79. 

§  2955.  The  Commissioner  of  Immigration 
must  satisfy  himself  whether  or  not  any  person 


603  Immigration.  §  2955 

who  shall  arrive  in  this  State,  by  vessel  from  any 
foreign  port  or  place,  is  a  leper,  or  affected  with 
the  disease  linown  as  leprosy  or  elephantiasis,  be- 
fore such  person  shall  mingle  with  the  population 
of  this  State.  For  the  purpose  of  ascertaining 
said  fact  the  Commissioner  is  vested  with  the  pow- 
er and  authority  to  detain  all  such  persons  on 
board  any  such  vessel  so  arriving,  and  to  assign 
the  vessel  to  a  berth  or  anchorage  separate  and 
apart  from  other  vessels,  and  at  a  safe  and  suita- 
ble distance  from  the  shore,  if  in  lys  judgment  it 
shall  be  necessary,  until  such  fact  can  be  fully 
ascertained  by  him.  Such  fact  shall  be  ascertain- 
ed by  personal  inspection  and  examination  of 
each  and  every  person  on  board  such  vessel;  and 
the  Commissioner  of  Immigration  is  authorize<l, 
empowered,  and  required  to  malve  such  personal 
inspection  and  examination  of  all  persons  so  ar- 
riving by  any  such  vessel,  the  same  to  be  made  at 
such  berth  or  anchorage  as  he  shall,  in  his  dis- 
cretion, assign  to  such  vessel  for  that  purpose,  and 
shall  be  made  before  the  landing  of  any  person 
thereupon.  All  of  such  persons  who,  upon  inspec- 
tion and  examination,  are  found  to  be  lepers,  or 
affected  with  the  disease  linown  as  leprosy  or  ele- 
phantiasis, shall  be  taken  in  charge  by  the  Com- 
missioner of  Immigration,  and  placed  in  a  suitable 
lazaretto,  or  lepers'  quarter,  to  be  provided  or 
designated  by  the  Board  of  Supervisors,  whenever 
necessary  for  that  purpose,  as  hereinbefore  pi-e- 
scribed,  and  there  detained  and  properly  cared  for. 
separate  and  apart  from  the  general  population  of 
this  State,  so  long  as  they,  the  said  lepers,  shall 
elect  to  remain  in  the  State  of  California,  or  until 
they  shall  have  recovered  from  said  disease,  and 
no  longer.  All  of  such  persons  as  shall  be  found 
to  be  free  from  said  disease  shall  be  allowed  to 
depart  and  go  at  their  will,  without  unnecessary 
detention  or  delay,  and  shall  be  entitled  to  re- 
■  ceive  a  certificate  of  the  fact  of  their  freedom 
from  said  disease  from  said  Commissioner.  For 
his  services  in  malting  sucli  examination  and  in- 
spection the  Commissioner  of  Immigration  shall 
demand  and  collect  from  the  master,  owner,  or 
consignee  of  such  vessel  tlie  sum  of  seventy  cents 
in  II.  S.  gold  or  silver  coin,  for  eacli  and  every  per- 
son so  examined  or  inspected,  wliicli  sum.  excejit 


§  2955  Immigration.  GU4 

four  thousand  dollars  a  j-ear  and  expenses  of  office, 
shall,  when  required  for  such  purpose,  be  paid  by 
the  Commissioner  into  the  State  Treasury,  to  be 
used  in  the  maintenance,  when  necessary,  of  such 
lazarettos  or  lepers'  quarters  as  shall  be  construct- 
ed under  this  law.  Any  master,  owner,  or  con- 
signee of  any  vessel  arriving  at  any  port  of  this 
State  who  shall  fail  or  refuse  to  perform,  or  per- 
mit the  performance  of.  any  of  the  acts  or  things 
-required  by  this  chapter,  or  to  take  and  occupy 
with  his  vessel  the  berth  or  anchorage  assigned 
for  the  same  by  the  Commissioner,  pending  the 
examination  and  inspection  herein  provided  for, 
or  who  shall  permit  or  allow  any  person  aiTiving 
in  such  vessel  to  depart  therefrom,  and  to  commu- 
nicate, mingle,  or  associate  with  the  population  of 
this  State  or  any  part  thereof,  until  after  such 
examination  and  inspection  by  the  Commissioner 
is  had,  shall,  for  every  such  act  or  omission,  for- 
feit to  the  Commissioner  of  Immigration  the  sum 
of  one  thousand  dollars  in  U.  S.  gold  coin,  to  be 
sued  for  and  recovered  by  suit  in  any  Court 
of  competent  jurisdiction,  and  to  be  applied  in 
like  manner  Avith  the  fees.  And  any  master,  own- 
er, or  consignee  of  any  such  vessel  so  arriving, 
who  shall  refuse  or  neglect  to  pay  or  cause  to 
be  paid  to  said  Commissioner  the  fee  of  seventy 
cents  for  the  examination  and  inspection  of  each 
and  every  person  so  arriving  in  such  vessel,  shall 
forfeit  to  said  Commissioner,  for  each  case,  the 
sum  of  five  hundred  dollars  in  V.  S.  gold  coin,  to 
be  recovered  and  applied  as  above.  And  the  Com- 
missioner shall  have  a  lien  upon  the  vessel,  and 
the  same  sliall  be  sold  to  pay  any  judgment  re- 
covered under  this  act.  The  Commissioner  shall 
have  the  power  to  call  in  the  aid  of  the  Sheriff 
and  all  police  authorities  to  assist  in  enforcing  this 
law.  And  he  may  appoint  one  or  more  deputies 
under  him,  who  shall  be  invested  with  all  the 
powers  of  the  Commissioner  and  may  discharge 
his  official  duties  when  required  by  him.  The 
Commissioner  of  Immigration  must  prepare  and 
transmit  to  the  Secretary  of  State  quarterly  state- 
ments,' certified  under  his  hand  and  seal,  show- 
ing the  name,  age,  sex,  birthplace,  and  present  res- 
idence of  every  leper,  or  person  affected  with  lep- 
rosy or  elephantiasis,   examined  or  inspected  by 


605  Immigration.  §§  2956-2958 

him,  as  well  as  any  other  information  or  fact 
touching  the  character  and  prevalence  of  said  dis- 
ease Avithiu  his  knowledge.  [Re-enactment  and 
amendment  approved  March  25,  1876;  Amend- 
ments 1875-6,  p.  53.    In  effect  March  25,  1876.] 

New  section  as  to  fees  of  commissioner:  See  sec. 
2969. 

§  2956.  If  any  person  for  whom  a  bond  has 
been  given  under  this  chapter,  within  the  time 
specified  in  such  bond,  becomes  chargeable  upon 
any  city,  town,  or  county  of  this  State,  an  action 
may  be' brought  upon  such  bond  in  the  name  of  the 
people  of  this  State,  by  the  District  Attorney  of 
the  county.  The  plaintiff  in  the  action  is  entitled 
to  recover  upon  svich  bond,  from  time  to  time,  so 
much  money,  not  in  the  whole  exceeding  the  pen- 
alty of  such  bond,  exclusive  of  costs,  as  may  be 
.sufficient  to  defray  the  expense  incurred  by  any 
such  city,  town,  or  county,  for  the  maintenance 
and  support  of  the  person  for  whom  the  bond  may 
have  been  given.  The  amount  of  such  recovery 
may  be  collected  from  the  sale  of  the  real  estate  or 
other  security  mortgaged,  pledged,  or  deposited 
therefor,  in  conformity  with  this  chapter. 

Basis  of  section:  Stats.  1852,  p.  80. 

§  2957.  If  any  person  or  consignee  neglects  or 
refuses  to  give  any  of  the  bonds  required  by  this 
chapter  within  three  days  after  the  landing  of 
such  passenger,  or  the  indorsement  of  the  Com- 
missioner, or  does  not  within  that  time  make  the 
commutation  authorized  by  section  2955,  he  is 
liable  to  the  State  of  California  in  the  penal  sum 
of  one  thousand  dollars  for  each  passenger  on 
whose  account  such  bond  may  have  been  required, 
or  for  whom  such  commutation  might  have  been 
made  under  this  chapter. 

Commutation  authorized— by:  Sec.  2955,  before 
its  repeal  in  1874.  In  1876  it  was  re-enacted  as 
given  above. 

§  2958.  All  moneys  received  in  commutation  of 
bonds,  and  paid  into  the  State  Treasury,  must  be 
placed  to  the  credit  of  the  General  Fund.  [Amend- 
ment approved  March  7,  3874;  Amendments  1873- 
4.  p.  132.     In  effect  March  7,  1874.] 

Commiitation  of  bonds:  See  sec.  2960. 


§§  2959-2yui  Immigration.  60fj 

§  2959.  For  all  lines  and  penalties  Imposed  by 
tills  chapter  upon  any  master  or  commander,  own- 
er or  consignee,  for  any  omission,  neglect,  or  re- 
fusal to  perform  any  act  or  duty  required  by  this 
chapter,  such  vessel  is  liable;  and  the  amount  of 
such  hues  or  penalties  are  a  lien  upon  such  ves- 
sel, and  have  priority  over  all  other  liens,  except 
those  for  seamen's  wages,  bottomry  bonds,  and  re- 
spondentia. Such  penalties  and  fines  may  be  sued 
for  and  recovered  in  a  civil  action,  with  costs  of 
suit,  by  the  Commissioner,  or  by  his  authorized 
attorney,  in  the  name  of  the  people  of  the  State 
of  California,  in  any  Court  having  cognizance 
thereof,  and  when  recovered  must,  after  deduct- 
ing the  expenses,  be  paid  into  the  State  Treasury. 

Actions  against  vessels,  etc.:  Code  Civ.  Proc, 
sees.  813-827. 

Importing  forbidden  persons— punishment  for: 
See  Penal  Code,  sees.  173-175. 

§  2960.  The  Commissioner  may  compound  or 
commute,  for  any  of  the  penalties  or  fines,  upon 
such  terms  as  he  thinks  proper,  and  at  the  end  of 
every  month  report  to  the  Controller  of  State  the 
reasons  and  causes  of  such  compounding  or  com- 
mutation. He  may  also  compound  or  commute, 
with  the  owner  or  consignee  of  any  vessel,  for  any 
bond  required  to  be  given  by  such  owner  or  con- 
signee for  such  passengers  as  have  been  paupers 
in  any  other  country,  or  who,  from  their  condi- 
tion at  the  time  of  their  arrival  in  this  State,  or 
from  sickness  or  disease  at  the  time  of  their  leav- 
ing the  port  of  de])arture,  are  a  public  charge,  or 
likely  soon  to  become  so;  such  commutation  to 
be  fixed  by  the  Commissioner  at  such  sum  as  he 
may  deem  sufficient  to  defray  the  necessary  ex- 
penses of  such  persons  during  the  continuance  of 
their  then  sick,  disabled  or  infirm  state. 

Basis  of  section:   Stats.  1853,  p.  273. 

§  2961.  The  Commissioner  receiving  any  com- 
mutation money,  or  any  moneys  from  fines  or 
penalties,  under  this  chapter,  must  account  for 
and  pay  the  same,  less  twenty  per  cent,  which 
he  may  retain  as  his  compensation,  on  the  first 
Tuesday  of  every  month,  to  the  Treasurer  of 
State,  in  the  same  manner  in  which  County  Treas- 
urers account.    He  must  specify  in  his  account  the 


OUT  Immigration.  §§  29G2-29(j4 

uames  of  the  parties  paying  each  sum  of  money, 
the  date  of  such  payment,  for  what  paid,  or  the 
name  of  the  vessel  and  the  number  of  passen- 
gers on  account  of  wliom  it  was  paid,  or  annex 
thereto  an  athdavit  of  its  correctness.  The  Com- 
missioner must  also  furnish  to  the  parties  pay- 
ing any  commutation  money,  or  any  money  from 
other  sources,  receipts  iu  duplicate,  specifying  the 
amount  paid,  the  name  of  the  vessel,  and  the  num- 
ber of  passengers  on  account  of  whom  or  for  what 
it  was  paid.  [Amendment  approved  March  30, 
1874;  Amendments  ] 873-1,  p.  41.  In  effect  July  6, 
1874.. 1 
Commutation  money:  See  sec.  2900. 

§  2962.  Masters  of  vessels  arriving  at  any  of 
the  ports  of  this  State  from  any  port  iu  this  State, 
or  from  Oregon,  or  Washiugton  Territory,  are  ex- 
empt from  making  the  sta.tement  required  by  this 
chapter  when  the  vessels  in  which  they  arrive 
have  not  talien  on  board  at  their  port  of  departure, 
or  at  any  intermediate  port,  any  alien  passenger, 
to  be  landed  at  the  poit  of  arrival;  and  masters  of 
vessels  arriving  from  Panama  are  also  exempted 
from  the  provisions  of  this  chapter  when  they 
have  not  landed,  or  are  not  about  to  land,  passen- 
gers who  took  their  departure  from  ports  other 
than  the  port  of  New  York;  and  in  no  case  must 
such  master  be  required  to  report  any  passenger 
other  than  way  passengers  taken  on  board  be- 
tween the  port  of  New  York  and  the  port  of  ar- 
rival in  this  State. 

§  2963.  The  Consuls,  ministers,  agents,  or  oth- 
er public  functionaries  of  any  foreign  government, 
arriving  in  this  State  in  their  official  capacity,  are 
exempt  from  the  provisions  of  this  chapter. 

Basis  of  section:  Stats.  18G2,  p.  487. 

§  2964.  The  Commissioner  of  Immigration 
must  approve  all  bonds  and  administer  all  oaths 
required  in  the  discharge  of  his  duties.  When- 
ever it  appears  that  the  master  or  commander  of 
any  vessel  has  not  made  a  full  and  correct  report, 
as  provided  by  this  chapter,  the  commissioner 
must  inquire  into  the  same,  and  for  that  purpose 
may  require  the  attendance  of  witnesses  before 
him  in  the  same  manner  as  Notaries  Public  may 


§§  2965-2968  Immigration.  608 

in  civil  cases.  Testimony  so  talien  may  be  read 
as  evidence  on  tlie  trial  of  any  action  commenced 
for  any  penalty  or  forfeiture  accruing  under  the 
provisions  of  this  Chapter  in  the  same  manner  and 
with  the  like  effect  as  if  regularly  taken  in  such 
action. 

Basis  of  section:  Stats.  1863,  pp.  150,  151;  1870, 
p.  3.33. 

Notaries  Public — attendance  of  witness  before: 
Sec.  794,  subd.  3. 

§  2965.  The  Commissioner  of  Immigration 
must  prepare  all  bonds  required  to  be  given  by  the 
owners  or  consignees,  masters,  captains,  or  com- 
manders of  vessels,  and  administer  the  oaths  to 
the  sureties  upon  such  bonds,  and  for  each  bond 
he  may  charge  and  collect  a  fee  of  three  dollars, 
and  for  the  administration  of  each  oath  he  may 
charge  one  dollar;  and  if  he  neglects  to  administer 
the  oaths  to  such  sureties,  or  to  require  them  to 
justify  on  each  bond,  as  required  herein,  or  if  he 
demands  or  receives  any  other  or  larger  fees,  com- 
missions, or  compensation  for  services  than  is  ex- 
pressly allowed  in  this  chapter,  he  shall  pay  to  the 
State  of  California  the  penal  sum  of  one  hundred 
dollars  for  each  offense. 

Bond  and  sureties:  Sec.  29-54. 

Basis  of  section:  Stats.  1862,  p.  487:  1870,  p.  331. 

§  2966.  In  all  the  ports  in  this  State  other  than 
San  Francisco  the  Mayor  or  chief  municipal  offi- 
cer at  such  port,  or  if  there  be  none  such,  then 
the  Sheriff  of  that  county  is  ex  officio  Commis- 
sioner of  Immigration  for  such  port,  and  in  carry- 
ing out  the  provisions  of  this  chapter,  and  has  all 
the  powers  and  is  liable  to  all  the  penalties  pro- 
vided herein. 

Basis  of  section:  Stats.  3862,  p.  487. 

§  2967.  Section  twenty-nine  hundred  and  six- 
ty-seven of  said  Code  is  repealed.  [Repealed 
March  30;  Amendments  1873-4,  p.  42.  In  effect 
July  6,  1874.] 

§  2968.  The  Commissioner  of  Immigration  for 
the  Port  of  San  Francisco  must  execute  an  offi- 
cial bond  in  the  sum  of  twentv-five  hundred  dol- 


609  Immigration.  §  2969 

lars.  [Amendment  approved  Mareli  25,  1876; 
Amendments  1875-6,  p.  53.  In  effect  March  25, 
1876.  J 

The  original  section  had  "thousand"  instead  of 
"hundred." 

The  provisions  of  the  foregoing  chapter  are  de- 
rived in  a  great  measure  from  Stats.  1852,  79,  80; 
1853.  273;  1862,  487;  1863,  150,   151;  1870,  331. 

Official  bonds:  See  ante,  sees.  947  et  seq. 

§  2969.  All  moneys  received  by  the  State  Con- 
troller from  the  office  of  Commissioner  of  Immi- 
gration shall  constitute  a  special  fund,  to  be  desig- 
nated as  "The  Leprosy  Fund."  The  Commissioner 
of  Immigration  is  hereby  authorized  and  required 
to  pay  into  the  State  Treasury,  monthly,  in  the 
same  manner  as  County  Treasurer's  account,  all 
per  capita  fees  collected  by  him,  and  moneys  de- 
rived from  fines,  penalties,  and  foi-feitures.  The 
State  Controller  is  hereby  authorized  and  required 
to  audit  the  salary  and  office  expenses  of  the  Com- 
missioner of  Immigration  montlily,  the  same  to  be 
paid  in  the  Controller's  warrants  on  said  special 
fund;  provided,  however,  that  no  such  account  of 
salary  and  office  expenses  shall  be  audited  in  ex- 
cess of  tlie  amount  of  "leprosy  funds"  on  hand, 
and  no  liability  shall  accrue  to  the  State  for  any 
deficiency  relating  thereto.  [New  section  ap- 
proved March  15,  1883;  Stats.  1883,  p.  368.  In 
effect  March  15*  1883.] 

Sec.  2.  The  Commissioner  of  Immigration  shall 
not  appoint  more  than  one  deputy,  and  the  salary 
of  said  deputy  is  hereby  fixed  at"^one  hundred  dol- 
lars per  month;  and  furthermore,  the  Governor  is 
hereby  authorized  to  suspend  the  payment  for 
said  deputy  whenever  the  employment  of  the  same 
may  be  deemed  in  his  judgment  unnecessary. 

Sec.  3.  The  Gommissioiier  of  Immigration  shall 
hold  office  during  the  Governor's  pleasure. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict  with 
this  section  are  hereby  repealed. 

Sec.  5.    This  act  shall  talie  effect  immediately. 

See  ante,  sec.  2955. 


§§  2978,  2979    State  Board  of  Health.  (310 

CHAPTER  II. 

PRESERVATION   OF  PUBLIC   HEALTH. 

Article  I.     State    Board   of   Health. 
II.    Vaccine   Agent. 

III.  Health  and  Quarantine  Regulations  for  the  City 

and   Harbor   of   San   Francisco. 

IV.  Health  Regulations  for  the  City  of  Sacramento. 
V.    Health   and   Quarantine  of   other   Cities,    Towns, 

and  Harbors. 

ARTICLE  I. 

STATE    BOARD    OF   HEALTH. 

§  2978.  Who   constitute   the   State   Board. 

§  2979.  Duties   of. 

§  2980.  To  report  as  to  the  effect  of  intoxicating  liquors. 

§  2981.  Meetings,   and  election  of  officers. 

§  2982.  Duties   of   Secretary.     Salary   of   Secretary. 

§  2983.  Expenses  of,   limited. 

§  2978.  The  State  Board  of  Health  consists  of 
seven  physicians— two  of  the  City  of  Sacramento, 
and  five  from  other  portions  of  the  State — appoint- 
ed by  the  Governor  for  the  term  of  four  years. 

Basis  of  article:  Stats.  1870,  p.  329. 

State  Board  of  Health— Legislature  to  provide 
for  maintenance  and  efficiency  of,  art.  20,  see.  14. 
Committee  from,  to  select  State  quarantine 
grounds  and  station,  Senate  Joint  Resolution  No.  6. 
in  Stats.  1881.  p.  100.  Report  of,  sees.  332.  334, 
335;  number  of  members  composing,  sec.  343;  ap- 
pointment and  term,  sees.  3G8.  subd.  2.  3('.9.  State 
Board  of  Yiticultural  Commissioners  constituted 
Board  of  Health  in  respect  to  diseases  of  grape- 
vines and  to  vine  pests.  Stats.  1881,  p.  51. 

§  2979.  The  State  Board  of  Health  must  place 
themselves  in  communication  with  the  local 
Boards  of  Health,  hospitals,  asylums,  and  public 
institutions  throughout  the  State,  and  take  cog- 
nizance of  the  interests  of  health  and  life  among 
the  citizens  generally.  They  must  make  sanitary 
investigations  and  inquiries  respecting  the  causes 
of  disease,  especially  of  epidemics,  the  source  of 


611  State  Board  of  Health.  §  2980 

mortality,  and  the  effects  of  localities,  employ- 
ments, conditions,  and  circumstances  on  the  pub- 
lic health,  and  gather  such  information  in  re- 
spect to  these  matters  as  they  may  deem  proper 
for  diffusion  among  the  people.  They  may  devise 
some  scheme  whereby  medical  and  vital  statistics 
of  sanitary  value  can  be  obtained,  and  act  as  an 
advisory  board  to  the  vState  in  all  hygienic  and 
medical  mattei's,  especially  such  as  relate  to  the 
location,  construction,  sewerage,  and  administra- 
tion of  prisons,  hospitals,  asylums,  and  other  pub- 
lic institutions.  They  must,  at  each  biennial  ses- 
sion of  the  Legislature,  make  a  report,  with  such 
suggestions  as  to  legislative  action  as  they  deem 
proper. 

Willful  violation  of  health  laws— punishment  for: 
Penal  Code,  sec.  377. 

Failing  to  perform  duty— required  under  laws 
for  preservation  of  health,  if  willful,  is  misde- 
meanor: Penal  Code,  sec.  "388. 

Acts  relating  to  State  Board  of  Health:  See  Gen- 
eral Laws,  title  "Public  Health." 

Act  to  regulate  quarantine:  See  General  Laws, 
title  "Quarantine." 

Act  to  provide  for  State  analyst:  See  post.  Ap- 
pendix, p.  10G2. 

§  2980.  The  Board  must  examine  into  and  re- 
port what,  in  their  best  judgment,  is  the  effect  of 
the  use  of  intoxicating  liquor  as  a  beverage  upon 
the  inilustry,  prosperity,  happiness,  health,  and 
lives  of  the  citizens  of  the  State;  also,  what  legis- 
lation, if  any,  is  necessary  in  the  premises. 

Legislation  against  intoxicating  liquors— Con- 
ductor on  railroad  train,  etc.;  intoxication  of,  is 
misdemeanor,  Penal  Code,  sec.  391.  Driver  of 
vehicles  for  passengers,  addicted  to  drunlfenness, 
not  to  be  employed,  see  sees.  2932,  2933  hereof; 
on  raili'oad  train,  intoxication  of.  is  misdemeanor. 
Penal  Code,  sec.  391.  Election  days,  sale  prohib- 
ited on,  Stats.  1874,  p.  297.  Engineei',  locomotive; 
intoxication  of,  is  misdemeanor.  Penal  Code,  see. 
391.  Female;  not  to  sell  at  theaters,  etc..  Penal 
Code,  sec.  304:  not  to  be  performer  at  saloons,  etc., 
where  sold.  Penal  Code,  see.  300;  but  see  Const. 
Cal.,  1879.  art.  20,  sec.  18.  Local  Option  Law, 
Stats.  1874,  p.  434,  repealed  bv  Stats.  1876.  p.  10. 
Minors;  not  to  be  sold  to.  Stats.  1872.  p.  231:  not 


§§  2981-2983    State  Board  of  Health.  612 

to  be  allowed  to  frequent  saloons  where  sold. 
Stats.  1878,  p.  812.  Officers,  public;  intoxication  of, 
is  misdemeanor.  Stats.  1880,  p.  265  or  77,  Physi- 
cian, intoxicated;  endangering  life,  is  guilty  of 
misdemeanor,  Penal  Code,  sec.  346.  Public  in- 
stitutions; not  to  be  sold  near  various.  Stats.  1874, 
pp.  12,  27;  1876,  p.  691;  nor  in  State  Capitol  build- 
ing. Stats.  1880,  p.  273  or  80.  Retail  liquor  ac- 
count; of  over  five  dollars,  not  to  be  collected. 
Stats.  1874,  p.  f)09.  Sundays;  sale  at  places  of 
amusement,  forbidden  on.  Penal  Code.  sec.  299. 
Telegraph  operator;  intoxication  of,  is  misde- 
meanor, Penal  Code,  sec.  391;  Theaters;  sale  for- 
bidden at,  Penal  Code,  sec.  303.  Train  dispatcher; 
intoxication  of,  is  misdemeanor,  Penal  Code,  sec. 
391.  Acts  relating  to  intoxicating  liquors:  See, 
also,  Penal  Code,  Appendix,  p.  578. 

§  2981.  The  Board  must  meet  at  the  Capital  of 
the  State,  at  least  once  in  every  three  months. 
They  must  elect  from  their  own  number  a  Pres- 
ident and  a  permanent  Secretary;  the  latter  must 
reside  at  the  Capital,  and  is  their  executive  offi- 
cer. No  member,  except  the  Secretary,  receives 
any  compensation;  but  the  actual  traveling  ex- 
penses of  the  members,  while  engaged  in  the  du- 
ties of  the  Board,  are  allowed,  and  paid  out  of 
the  General  Fund. 

§  2982.  The  Secretary  must  superintend  the 
work  and  perform  such  other  duties  as  the  Board 
may  require.  He  must  furnish  the  Legislature, 
when  in  session,  such  information  cognate  to  this 
chapter  as,  from  time  to  time,  may  be  necessary. 
An  annual  salary  of  twenty-five  hundred  dollars, 
and  his  office  and  other  necessary  expenses  incur- 
red in  the  performance  of  his  duties,  must  be  paid 
to  him  in  the  same  manner  as  salaries  of  State 
officers  are  paid. 

§  2983.  The  expenses  of  the  Board,  including 
the  salary  of  the  Secretary,  must  not  exceed  four 
thousand  dollars  per  annum. 


613  Vaccine  Agent.  §§  2993, 2994 

ARTICLE  IT. 

VACCINE    AGENT. 

§  2993.    Agent  to   obtain   genuine   vaccine   matter. 
§  2994.    Compensation  and  duty  of. 

§  2993.  The  Vaccine  Agent  must  obtain  a  sup- 
ply of  the  genuine  vaccine  matter,  and  preserve 
the  same  for  the  use  and  benefit  of  the  citizens  of 
this   State. 

Basis  of  article:  Stats.  1852,  p.  138. 

Act  to  encourage  general  vaccination:  See  Gen- 
eral Laws,  title  "Public  Health." 

§  2994.  Such  agent  must  furnish  genuine  vac- 
cine matter,  approved  by  the  State  Board  of 
Health,  to  any  regular  practicing  physician  in 
good  standing  in  his  profession  in  this  State.  He 
may  charge  and  receive  for  every  parcel  of  vac- 
cine matter  furnished  the  sum  of  five  dollars, 
which  is  in  full  compensation  for  his  services  and 
expenses. 

Pol.  Code— 52. 


§  3004  Quarantine  Regulations.  614 


ARTICLE  III. 

HEALTH  AND  QUARANTINE  REGULATIONS  FOR  THE 
CITY  AND  HARBOR  OF  SAN  FRANCISCO. 

§  3004.  Quarantine   grounds,   location   of. 

§  3005.  Board  of  Health  of  San  Francisco. 

§  3006.  Mayor  ex  officio  President.     Time  of  meeting. 

i  3007.  Health  officer.     His  election. 

§  3008.  Powers    of. 

§  3009.  Appointment  of  certain   officers. 

§  3010.  Compensation    of   officers    and   employees. 

§  3011.  Expenses   of  Health   officer. 

§  3012.  General  powers  of  Board  of  Health. 

§  3013.  Shipmasters  to  report  infected  vessels. 

§  3014.  Passengers   and   freight,    permit   to   land. 

§  3015.  Duties  of  pilots. 

§  3016.  Penalty  for  neglect  of  masters. 

§  3017.  Vessels   subject  to   quarantine. 

§  3018.  Examination   and   inspection   of   vessels. 

§  3019.  Passengers   not   to   be   landed   without   permit. 

§  3020.  Fees  of  Quarantine   Officer. 

§  3021.  Compulsory  vaccination. 

§  3022.  Hospitals  to  be  provided. 

§  30221^.    Home  of  Inebriates. 

§  3023.  Records   of   births,    deaths,   and   interments. 

§  3024.  Returns   of  births,   deaths,    etc.,   of  children. 

§  3025.  No  bodies  to  be  interred  without  permit. 

§  3026.  Return  of  interments  to  be  made. 

§  3027.  Bodies  not   to   be   removed   without  permit. 

§  3028.  Nuisances    on    premises   of   non-residents. 

§  3029.  Health  Officer  to  keep  fee  book. 

§  3030.  Bond  of  Health  Officer. 

§  3031.  Officers    empowered    to    administer    oaths. 

§  3032.  Actions,    in   whose   name   maintained. 

§  3033.  Vacation    of   infected   and   dangerous   houses. 

§  3034.  Physician    to    report    infectious    diseases. 

§  3035.  Board   of  Health  to  have   charge  of  cemetery. 

§  3004.  The  quarantine  grounds  of  tlie  bay  and 
harbor  of  San  Frannisco  are  at  the  anchorage  of 
Saucelito. 

Original  basis  of  article:  Stats.  1870,  p.  716. 

Quarantine  grounds— and  station  for  State,  to  be 
selected  by  committee  from  State  Board  of 
Health:  See  Resolution  in  Stats.  1881,  p.  100. 

Quarantine  service — of  the  port  of  San  Fran- 
cisco, appropriation  to  purchase  steam  launch  for. 
Stats.  1881,  p.  77. 


615  Quarantine  Regulations.  §S  :i005-3009 

§  3005.  The  Board  of  Health  for  the  City  and 
County  of  San  Francisco  consists  of  the  Mayor 
of  the  city  and  county  and  four  physicians  in 
good  standing,  residing  in  the  City  and  County 
of  San  Francisco,  appointed  by  the  Governor  and 
holding  their  offices  for  tlie  term  of  five  years. 

§  3006.  The  Mayor  is  ex  officio  President  of  the 
Board.  The  Board  must  meet  monthly,  and  at 
such  other  times  as  the  President  may  direct.  In 
the  absence  of  the  President,  the  Board  may  elect 
a  Chairman,  who  is  clothed  with  the  same  pow- 
ers as  the  President. 

§  3007.  The  Health  Officer  for  the  City  and 
County  and  Port  of  San  Francisco  is  elected  by  the 
Board  of  Health  and  holds  office  at  its  pleasure. 
He  must  be  a  graduate  of  some  medical  college, 
in  good  standing,  and  must  reside  within  the  city 
limits  of  San  Francisco. 

§  3008.  The  Health  Officer  is  the  executive  offi- 
cer of  the  Health  Department,  and  he  may,  in  his 
discretion,  cause  the  removal  to  a  hospital  of  any 
and  all  persons,  within  the  limits  of  the  City  and 
County  of  San  Francisco,  infected  with  variola. 
[Amendment  approved  March  9,  1878;  Amend- 
ments 1877-8,  p.  52.     In  effect  March  9,  1878.] 

§  3008.  The  Board  of  Health  must  appoint  a 
Quarantine  Officer,  who  shall  be  a  physician  in 
good  standing,  a  Secretary,  one  Assistant  Secre- 
tary, six  Health  Inspectors,  one  Marliet 
Inspector,  and  one  Messenger,  whose  du- 
ties must  be  fixed  by  the  Board  of 
Health.  They  miist  also  appoint  one  Superin- 
tendent Physician,  one  Besident  Physician,  one 
Steward,  one  Matron,  one  Apothecary,  two  visiting 
Physicians,  two  Visiting  Surgeons,  as  officers  of 
the  City  and  Count.v  Hospital  in  and  for  the  City 
and  County  of  San  Francisco,  one  each  of  said 
Visiting  Physicians  and  Surgeons  to  be  nominated 
by  the  Faculty  of  the  Medical  Department  of  tlie 
University  of  California,  and  one  each  of  said 
Visiting  Physicians  and  Surgeons  to  be  nominated 
by  the  Medical  College  of  tlie  Pacific.  Said  Boar-l 
may  also  appoint  one  Engineei-  for  the  City  and 
County  Hospital.  They  may  also  appoint  one  Su- 
perintendent,  one   Resident     Pliysician,   one   Ma- 


§  3010  Quarantine  Regulations.  616 

tron.  and  such  otlier  employees  as  are  now  au- 
thorized by  law  to  be  employed  in  and  for  the 
almshouse  of  said  city  and  county.  They  shall 
also  have  power  to  appoint  and  prescribe  the  du- 
ties of  one  City  Physician  and  one  Assistant  City 
Physician,  who  sliall  be  designated  as  Police  Sur- 
geons, and  whose  duty  it  shall  be  to  malie  all  au- 
topsies required  of  them  by  the  Coroner  of  said 
city  and  coimty.  And  said  Board  is  also  empow- 
ered to  appoint  such  employees  and  such  medical 
attendants  as  they  may  deem  necessary  in  the 
Health  Department,  and  in  all  the  various  insti- 
tutions which  are  by  law  placed  under  their  super- 
vision: and  the  compensation  of  sucli  employees 
and  medical  attendants  shall  be  fixed  by  the 
Board  of  Health.  The  appointing  power  afore- 
said is  vested  solely  in  said  Board  of  Health,  and 
said  Board  shall  have  power  to  prescribe  the  du- 
ties of  said  appointees,  and  shall  not  remove  the 
same  without  just  cause.  The  heads  of  depart- 
ments appointed  by  the  Board  of  Health,  to  wit. 
the  Health  Officer,  Resident  Physician  of  City  and 
County  Hospital,  and  Superintendent  of  Alms- 
house, shall  not  be  removed  except  by  a  concur- 
rence of  four  members  of  said  Board  of  Health. 
[Amendment  approved  3 larch  9,  1878;  Amend- 
ments 1877-8.  p.  52.     In  effect  :\rarch  9,  1878.] 

§  3010.  The  following  annual  salaries  are  here- 
by allowed  to  the  officers  of  the  Health  Depart- 
ment, and  such  otlier  officers  and  employees  as  are 
mentioned  in  the  preceding  section,  viz.:  Health 
Officer,  three  thousand  dollars;  Quarantine  Officer, 
eighteen  hundred  dollars;  Secretary,  twenty- 
one  himdred  dollars;  Assistant  Secretary, 
twelve  hundred  dollars;  Health  Inspectors,  twelve 
hundred  dollars  each;  I\Iarli;et  Inspector,  twelve 
hundred  dollars;  Messenger,  nine  hundred  dollars; 
City  Physician,  eighteen  hundred  dollars;  Assist- 
ant City  Physician:  twelve  hundred  dollars;  all  of 
said  salaries,  together  with  the  salaries  of  such 
other  employees  of  the  Health  Department  as 
may  be  appointed  by  the  Board  of  Health,  must 
be  paid  in  equal  monthly  installments  out  of  the 
General  Fund  of  the  City  and  County  of  San 
Francisco,  in  the  same  manner  as  the  salaries  of 
the  other  officers  of  said  city  and  county  are  paid. 
There  sliall  be  paid  to  the  officers  and  employees 


617  Quarantine  Regulations.  §§  3011,  3012 

of  the  City  and  County  Hospital  and  Almshouse 
the  following  annual  salaries,  viz.:  Superintend- 
ent Physiciaii,  twenty-four  hundred  dollars;  Res- 
ident Physician,  fifteen  hundred  dollars;  Steward, 
fifteen  hundred  dollars;  Matron,  seven  hun- 
dred and  twenty  dollars;  one  Apothecary, 
twelve  iiundred  dollars;  Visiting  Physicians 
and  Surgeons,  twelve  hundred  dollars  each; 
Engineer,  twelve  hundred  dollars;  Superin- 
tendent of  Almshouse,  twenty-four  hun- 
dred dollars:  Resident  Physician  of  Almshouse, 
fifteen  hundred  dollars;  Matron  of  Almshouse, 
seven  hundred  and  twenty  dollars;  and  all  other 
medical  attendants  and  employees  of  said  institu- 
tions are  to  be  paid  such  sums  as  may  be  author- 
ized by  law.  and  as  provided  in  the  preceding  sec- 
tion; all  to  be  paid  in  equal  monthly  installments 
out  of  the  Hospital  and  Almshouse  Fund  of  said 
City  and  Coimty  of  San  Francisco;  and  the  Audi- 
tor of  said  city  and  coimty  is  hereby  directed  to 
audit  the  said  demands,  payable  out  of  the  funds 
aforesaid,  upon  the  approval  of  the  same  by  the 
said  Board  of  Health,  and  also  to  audit  all  de- 
mands for  salaries  of  medical  attendants  and  em- 
ployees appointed  by  the  Board  of  Health  in  ac- 
cordance with  this  chapter,  for  the  amounts  au- 
thorized to  be  paid,  when  the  same  shall  have 
been  approved  by  said  Board;  and  the  Treasurer 
of  said  city  and  county  must  pay  said  demands 
out  of  said  funds.  The  Clerk  of  the  Mayor  of  the 
City  and  CouQty  of  San  Francisco  shall  not  re- 
ceive any  compensation  as  Clerli  of  the  Board  of 
Health.  [Amendment  approved  March  9,  1878; 
Amendments  1877-8.  p.  53.  In  effect  March  9, 
1878.1 

§  3011.  The  Health  Officer,  in  addition  to  his 
salary,  receives  such  sums  for  the  necessary  ex- 
penses of  his  office  as  the  Board  of  Health  may  di- 
rect, and  the  Auditor  must  audit  and  the  Treasurer 
pay  such  sums  out  of  the  General  Fund.  The 
Board  of  Supervisors  must  provide  proper  offices 
for  the  Health  Department. 

§  3012.  The  Board  of  Health  have  general  su- 
pervision of  all  matters  appertaining  to  the  sani- 
tary condition  of  the  city  and  county,  including 
the  City  and  County  Hospital,  the  County  Jail, 


§§  3013-3015  Quarantine  Kegulations.  618 

Almshouse,  Industrial  School,  and  all  public  health 
institutions  provided  by  the  City  and  County  of 
iSan  Francisco;  and  may  adopt  such  orders  and 
regulations,  and  appoint  or  discharge  such  medi- 
cal attentiants  anu  employees,  as  to  them  seems 
best  to  promote  the  public,  welfare;  and  may  ap- 
point as  many  Health  Inspectors  as  they  deem 
necessary  in  time  of  epidemics. 

§  3013.  Shipmasters  bringing  vessels  into  the 
Harbor  of  San  Fi-ancisco,  and  masters,  owners,  or 
consignees  having  vessels  in  the  harbor  which 
have  on  board  any  cases  of  Asiatic  cholera,  small- 
pox, yellow,  typhus,  or  ship  fever,  must  report  the 
same,  in  writing,  to  the  Quarantine  Otticer  before 
landing  any  xjassengers,  casting  anchor,  or  coming 
to  any  wharf,  or  as  soon  thereafter  as  they,  or 
either  of  them,  become  aware  of  the  existence  of 
either  of  the  diseases  on  board  of  their  vessels. 
[Amendment  approved  March  9,  1878;  Amend- 
ments 1877-8,  p.  54.     In  effect  Mai-ch  9,  1878.] 

§  3014.  No  captain  or  other  officer  in  command 
of  any  vessel  sailing  under  a  register,  arriving  at 
the  Port  of  San  Francisco,  nor  any  owner,  con- 
signee, agent,  or  other  person  having  charge  of 
such  vessel  must,  under  a  penalty  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand 
dollars,  land,  or  permit  to  be  landed,  any  freight, 
passengers,  or  other  persons  from  such  vessel  un- 
til he  has  reported  to  the  Quarantine  Officer,  pre- 
sented his  bill  of  health,  and  received  a  permit 
from  that  officer  to  land  freiglit,  passengers,  or 
other  persons.  [Amendment  approved  March  9, 
1878;  Amendments  1877-8,  p.  54.  In  effect  March 
S,  1878.] 

§  3015.  Every  pilot  who  conducts  into  the  Port 
of  San  Francisco  any  vessel  stibject  to  quarantine 
or  examination  by  the  Quarantine  Officer,  must: 

1.  Bring  the  vessel  no  nearer  the  city  than  is  al- 
lowed by  law. 

2.  Prevent  any  person  from  leaving,  and  any 
communication  being  made  with  the  vessel 
under  his  charge,  until  the  Quarantine  Officer  has 
boarded  her  and  given  the  necessary  orders  and 
directions. 

3.  Be  vigilant  in  preventing  any  violation  of  the 


619  Quarantine  Regulations.  §§  3016,  301 J 

quarantine  laws,  and  report,  without  delay,  all 
sucli  violations  that  come  to  his  knowledge  to  the 
Quarantine  Otticer. 

4.  Present  the  master  of  the  vessel  with  a 
printed  copy  of  the  quarantine  laws,  unless  he 
has  one. 

5.  If  the  vessel  is  subject  to  quarantine,  by  rea- 
son of  infection,  place  at  the  mast-head  a  small 
yellow  flag.  [Amendment  approved  March  9, 
1878;  Amendments  1877-S,  p.  54.  In  effect  March 
9,  1878.] 

§  3016.  Every  master  of  a  vessel  subject  to 
quai'antine  or  visitation  by  the  Quarantine  Offi- 
cer, arriving  in  the  port  of  San  Francisco,  who  re- 
fuses or  neglects  either: 

1.  To  proceed  with  and  anchor  his  vessel  at  the 
place  assigned  for  quarantine,  when  legally  di- 
rected so  to  do;  or, 

2.  To  submit  his  vessel,  cargo,  and  passengers 
to  the  Quarantine  Officer,  and  furnish  all  neces- 
sary information  to  enable  that  officer  to  deter- 
mine what  quarantine  or  other  regulations  they 
ought  respectively  to   be   subject;   or, 

3.  To  report  all  cases  of  disease  and  of  deaths 
occurring  on  his  vessel,  and  to  comply  with  all  the 
sanitary  regulations  of  the  bay  and  harbor- 
Is  liable  in  the  sum  of  five  hundred  dollars  for 

every  such  neglect  or  refusal.  [Amendment  ap- 
proved March  9,  1878;  Amendments  1877-8,  p.  55. 
In  effect  March  9,  1878.] 

Lilie  failure  by  master— punishment  for:  Penal 
Code,  sec.  376. 

Acts  relating  to  quarantine:  See  General  Laws, 
title  "Quarantine." 

§  3017.  All  vessels  arriving  off  the  Port  of  San 
Francisco  from  ports  which  have  been  legally  de- 
clared infected  ports,  and  all  vessels  arriving  from 
ports  where  there  is  prevailing  at  the  time  of  their 
departure,  any  contagious,  infectious,  or  pesti- 
lential diseases,  or  vessels  with  decaying  cargoes, 
or  which  have  unusually  foul  or  offensive  holds, 
are  subject  to  quarantine,  and  must  be,  bv  the 
master,  owner,  pilot  or  consignee,  reported  to  the 
Quarantine  Officer  without  delay.  No  such  vessel 
must  cross  a  right  line  drawn  from  Meiggs'  Wharf 


§§  3018-3020    Quarantine  Regulations.  620 

to  Alcatraz  Island  until  the  Quarantine  Officer  has 
boarded  her  and  given  the  order  required  by  law. 
[Amendment  approved  March  9,  1878;  Amend- 
ments 1877-8,  p.  55.    In  effect  March  9,  1878.] 

§  3018.  The  Quarantine  Officer  must  board 
every  vessel  subject  to  quarantine  or  visitation  by 
him,  immediately  on  her  arrival,  malie  such  ex- 
amination and  inspection  of  vessel,  boolis,  papers, 
or  cargo,  or  of  persons  on  board,  under  oath,  as  he 
may  judge  expedient,  and  determine  whether  the 
vessel  should  be  ordered  to  quarantine,  and  if  so, 
the  period  of  quarantine.  [Amendment  approved 
March  9,  1878;  Amendments  1877-8,  p.  55.  In  ef- 
fect March  9,  1878.] 

§  3019.  No  captain  or  other  officer  in  command 
of  any  passenger-carrying  vessel  of  more  than 
one  uimdred  and  fifty  tons  burden,  nor  of  any  ves- 
sel of  more  than  one  hundred  and  fifty  tons  bur- 
den, having  passengers  on  board,  nor  any  owner, 
consignee,  agent,  or  other  person  having  charge 
of  such  vessel  or  vessels,  must,  under  a  penalty 
of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  land  or  pei*mit  to  be 
landed,  any  passenger  from  the  vessel  until  he  has 
presented  his  bill  of  healtli  to  the  Quarantine  Offi- 
cer and  received  a  permit  from  that  officer  to  land 
such  passenger,  except  in  such  cases  as  the  Quar- 
antine Officer  deems  it  safe  to  give  the  per- 
mit before  seeing  the  bill  of  health.  [Amendment, 
approved  March  9,  1878;  Amendments  1877-8,  p. 
55.    In  effect  March  9,  1878.] 

§  3020.  The  following  fees  may  be  collected  by 
the  Quarantine  Officer:  For  giving  a  permit  to 
land  freight  or  passengers  or  both,  from  any  sail- 
ing vessel  of  less  than  five  hundred  tons  burden, 
from  any  port  out  of  this  State,  two  dollars  and 
fifty  cents;  over  five  hundred  and  under  one  thou- 
sand tons  burden  five  dollars;  each  additional  one 
thousand  tons  burden  or  fraction  thereof,  an  addi- 
tional two  dollars  and  fifty  cents;  for  steam  ves- 
sels, propelled  in  whole  or  in  part  by  steam,  of  one 
thousand  tons  burden  or  less,  five  dollars,  and  two 
dollars  and  fifty  cents  for  each  additional  one 
thousand  tons  biirden  or  fraction  thereof;  but  ves- 
sels not  propelled  in  whole  or  in  part  by  steam, 


621  Quarantine  Regulations.  §§  3021-30221/^ 

sailing  to  and  from  any  port  or  ports  of  the  Paci- 
fic States,  of  the  United  States,  or  territories,  and 
whaling  vessels,  entering  the  harbor  of  San  Fran- 
cisco, are  excepted  from  the  provisions  of  this  sec- 
tion. [Amendment,  approved  March  9,  1878; 
Amendments  1877-8,  p.  56.  In  effect  March  9, 
1878.] 

§  3021.  The  Board  of  Health  may  enforce  com- 
pulsory vaccination  on  passengers  in  infected 
ships  or  coming  from  infected  ports. 

§  3022.  The  Board  of  Health  may  provide  suit- 
able hospitals,  to  be  situated  at  or  near  Saucelito, 
and  furnish  and  supply  the  same  with  nurses  and 
attaclies,  and  remove  thereto  all  persons  afflicted 
with  cholera,  smallpox,  yellow,  typhus,  or  ship 
fever. 

§  30221/^.  First— The  Board  of  Supervisors  of 
any  county,  or  city  and  county,  where  land  has 
heretofore  been  reserved,  set  apart,  and  desig- 
nated by  said  Board  of  Supervisors,  or  a  commit- 
tee of  said  Board,  for  public  use  as  a  home  for 
inebriates,  shall  cause  to  be  erected  before  August 
first,  one  thousand  eight  hundred  and  ninety-six, 
a  suitable  hospital  and  home  for  the  care  and 
treatment'  of  dipsomaniacs  and  inebriates,  and 
provide  for  the  furnishing  and  maintenance  of 
the  same.  The  plans  of  construction  of  said  hos- 
pital and  home  must  be  drawn  under  the  direction 
of  the  Board  of  Health  of  said  county,  or  city  and 
county. 

Second— When  the  building  or  buildings  con- 
structed under  the  provisions  of  this  section  are  so 
far  completed  that  in  the  opinion  of  the  board 
of  Health  of  said  county,  or  city  and  county,  com- 
mitments may  properly  be  made  thereto,  said 
Board  of  Health  shall  so  notify  the  magistrates 
of  the  said  county,  or  city  and  county;  and  there- 
after the  said  magistrates  may  commit  to  said  hos- 
pital and  home,  for  a  term  not  exceeding  one  year, 
any  person  given  to  dipsomania  or  inebriety, 
whether  in  public  or  private,  and  who  in  his  opin- 
ion, is  a  proper  subject  for  its  treatment  or  cus- 
tody; provided,  however,  that  no  such  person  shall 
be  so  committed  until  satisfactory  evidence  shall 
be  furnished  to  the  magistrate  before  whom  the 
proceedings  for  commitment  are  had,   that  such 


§  302214         Quarantine  Regulations.  622 

person  or  persons  are  not  of  bad  repute  or  of  bad 
character,  apart  from  tlieir  habits  of  inebriety; 
and  in  all  proceedings  relative  to  the  commitment 
of  any  such  person,  it  shall  be  specifically  alleged 
that  they  are  either  dipsomaniacs  or  inebriates,  as 
the  case  may  be. 

Third— When  it  shall  appear  to  the  medical  su- 
perintendent and  the  said  Board  of  Health  that 
any  person  or  persons  held  In  said  hospital  and 
home  will  not  continue  to  be  subject  to  dipsomania 
or  inebriety,  or  will  be  sufficiently  provided  for 
by  themselves  or  their  guardians,  relatives, 
or  friends,  they  may  issue  to  them  a  permit  to  be 
at  liberty,  upon  such  conditions  as  they  may  deem 
best,  and  they  may  revoke  said  permit  at  any  time 
previous  to  its  expiration.  The  violation  by  the 
holder  of  such  permit  of  any  of  the  terms  or  condi- 
tions of  the  same  shall  of  itself  malie  said  permit 
void.  When  a  permit  becomes  void  in  any  man- 
ner, the  medical  superintendent,  or  a  member  of 
the  Board  of  Health,  may  issue  an  order  author- 
izing the  arrest  of  the  holder  or  holders  of  such 
permit  and  their  return  to  the  hospital  and  home, 
and  such  order  of  arrest  may  be  served  by  any 
officer  authorized  to  serve  criminal  process  in  any 
county,  or  city  and  county,  of  this  State.  Any  per- 
son at  liberty  from  the  hospital  and  home  upon  a 
permit,  as  aforesaid,  may  voluntarily  return 
to  the  hospital  and  home  and  put  himself  in 
the  custody  of  the  medical  superintendent. 
The  holder  of  said  permit,  when  returned 
to  said  hospital  and  home,  as  aforesaid, 
whetlier  voluntarily  or  otherwise,  shall  be  detain- 
ed therein  according  to  the  term  of  his  original 
commitment.  Such  inmates  of  said  hospital  and 
home  as  are  able  to  pay  for  their  board  shall  be 
charged  for  the  same. 

Fourth— The  Board  of  Health  of  said  county,  or 
city  and  county,  shall  provide  for  the  manage- 
ment and  government  of  said  hospital  and  home 
for  dipsomaniacs  and  inebriates.  The  said  Board 
of  Health  must  appoint  a  medical  superintendent 
of  said  hospital  and  home,  and  furnish  or  sup- 
ply the  same  with  nurses  and  attaches.  The  me<i- 
ical  superintendent  shall  be  an  elector  of  the  coun- 
ty, or  city  and  county,  a  regular  graduate  of 
medicine,  licensed  to  practice,  and  not  less  than 
thirty-five  years  of  age,  who  shall  have  fora  i)eriod 


623  Quarautiue  Regulations.  §§  3023,  3024 

of  at  least  one  year  prior  to  his  appointment,  de- 
voted his  special  professional  attention  to  the 
treatment  of  dipsomania  and  inebriety  as  physi- 
cian to  a  public  or  private  home,  hospital,  asylum, 
or  sanitarium  for  the  care  and  treatment  of  dip- 
somaniacs and  inebriates.  The  medical  super- 
intendent shall  receive  an  annual  salary  of  three 
thousand  dollars,  and  shall  be  paid  in  equal  month- 
ly installments  out  of  the  general  fund  of  said 
county,  or  city  and  county,  in  the  same  manner  as 
the  salaries  of  the  other  officers  of  said  county,  or 
city  and  county,  are  paid.  Said  medical  superin- 
tendent shall  not  be  removed  by  the  said  Board 
of  Health  except  for  good  cause,  duly  set  forth  in 
a  complaint,  filed  with  the  secretary  of  said  Board, 
a  copy  of  which  must  be  served  upon  said  medical 
superintendent,  and  an  opportunity  given  him  to 
be  heard  in  his  defense.  [New  section  appx'oved 
March  27,  1895;  Stats."  1895,  p.  201.  In  effect 
March  27,  1895.] 

The  second  section  of  the  act  adding  this  sec- 
tion contained  the  following  repealing  clause: 

The  act  entitled  "An  act  relating  to  the 
home  of  the  inebriate,  of  San  Francisco,  and  to 
prescribe  the  powers  and  duties  of  the  board  of 
managers  and  the  ofiicers  thereof,"  approved 
April  first,  one  tliousand  eight  hundred  and  seven- 
ty, and  all  acts  or  parts  of  acts  in  conflict  with 
provisions  of  this  act  are  hereby  repealed.  [In 
effect  March  27,  1895.] 

§  3023.  The  Health  Officer  must  l^eep  a  recoM 
of  all  births,  deaths,  and  interments  occurring  in 
the  City  and  County  of  San  Francisco.  Such  rec- 
ords, wlien  fiTed,  must  1)e  deposited  in  the  oflBce 
of  the  County  Recorder,  and  produced  when  re- 
quired for  public  inspection. 

§  3024.  Physicians  and  midwives  must,  on  or 
before  the  fourth  day  of  each  month,  malie  a  re- 
turn to  the  Health  Officer  of  all  births,  deaths, 
and  the  number  of  still-born  children  occur- 
ring in  their  practice  during  the  preceding 
month.  In  the  absence  of  stich  attendants,  the  pa- 
rent mustmalje  such  report  Avithin  thirty  days  after 
the  birth  of  the  child.  Sucli  returns  must  be  made 
In  accordance  with  rules  adopted,  and  upon  blanks 
furnished  by  the  Board  of  Health.    [New  section 


§§  3025  3027  Quarantine  Regulations.  624 

approved  Marcli  9,  1878;  Amendments  1877-8,  p.  56. 
In  effect  March  9,  1878.] 

§  3025.  No  person  shall  deposit  in  any  ceme- 
tery, or  inter  in  the  City  and  County  of  San  Fran- 
cisco, any  human  body,  without  first  having  obtain- 
ed and  filed  with  the  Health  Officer  a  certificate, 
signed  by  a  physician  or  midwife,  or  a  Coroner, 
setting  forth,  as  near  as  possible,  the  name,  age, 
color,  sex,  place  of  birth,  occupation,  date,  locality, 
and  the  cause  of  death  of  the  deceased,  and  obtain 
from  such  Health  Officer  a  permit;  nor  shall  any 
human  body  be  removed  or  disinterred  without 
the  permit  of  the  Health  Officer,  or  by  order  of  the 
Coroner.  Physicians,  when  deaths  occur  in  their 
practice,  must  give  the  certificate  herein  men- 
tioned. Hereafter  it  shall  be  the  duty  of  the  As- 
sistant City  Physician,  or  Police  Surgeons,  to 
perform  all  autopsies  which  may  be  required  in 
the  Coroner's  office  of  the  City  and  County  of  San 
Francisco,  all  such  autopsies  being  made  with- 
out ehai-ge  to  the  city.  It  shall  be  the  duty  of  the 
Health  Officer  to  see  that  the  dead  body  of  a  hu- 
man being  is  not  allowed  to  remain  in  any  public 
receiving  vault  for  a  longer  period  than  five  days. 
At  the  expiration  of  that  time  he  shall  cause  the 
body  to  be  placed  in  a  vault  or  niche  constructed 
of  brick,  stone,  or  iron,  and  hermetically  sealed. 
It  shall  also  be  his  duty  to  require  all  persons 
having  in  charge  the  digging  of  graves  and  burial 
of  the  dead  to  see  that  the  body  of  no  human  be- 
ing who  liad  reached  ten  years  of  age  shall  be 
interred  in  a  grave  less  than  six  feet  deep.  or.  if 
under  the  age  of  ten  years,  the  grave  to  be  not 
less  than  five  feet  deep.  [Amendment,  approved 
March  9,  1878:  Amendments  1877-8.  p.  56.  In  ef- 
fect March  9,  1878.] 

S  3026.  Superintendents  of  cemeteries,  within 
the  boundaries  of  the  City  and  County  of  San 
P''rancisco  must  return  to  the  Health  Officer,  on 
each  Monday,  the  names  of  all  persons  interred  or 
deposited  within  their  respective  cemeteries  for 
the  preceding  weelf.  [Amendment  approved 
March  9,  1878;  Amendments  1877-8,  p.  57.  In  ef- 
fect March  9,  1878.] 

§  3027.  No  superintendent  of  a  cemetery  can 
remove  or  cause  to  be  removed,  disinter  or  cause 


625  Quarantine  Regulations.  §  3028 

to  be  disinterred,  any  corpse  that  has  been  de- 
posited in  the  cemetery,  without  a  permit  from 
the  Health  Otticer,  or  by  order  of  the  Coroner. 

Violating  sepulture  and  the  remains  of  the  dead: 
See  Pen.  Code,  sees.  290  et  seq. 

§  3028.  Whenever  a  nuisance  shall  exist  on  the 
property  of  any  nonresident  or  any  property,  the 
owner  or  owners  of  which  cannot  be  found  by  eith- 
er Health  Inspector,  after  diligent  search,  or  on 
the  property  of  any  owner  or  owners,  upon  whom 
due  notice  may  have  been  served,  and  who  shall, 
for  three  days,  refuse  or  neglect  to  abate  the  same, 
or  on  any  city  property,  it  shall  be  the  duty  of  the 
Board  of  Health  to  cause  the  said  nuisance  to  be 
at  once  removed  or  abated,  and  to  draw  upon  the 
General  Fiuid  for  such  sums  as  may  be  required 
for  its  removal  or  abatement,  not  to  exceed  two 
hundred  dollars;  provided,  that  whenever  a  larger 
expenditure  is  found  necessary  to  be  made  for  the 
removal  or  suppression  of  any  nuisance,  the  Board 
of  Supervisors  of  said  city  and  count.v  shall,  upon 
the  written  application  of  the  Board  of  Health,  by 
ordinance,  appropriate,  allow,  and  order  paid 
out  of  the  General  Fund,  such  sum  or  sums  as 
may  be  necessary  for  that  purpose,  and  the  Audi- 
tor shall  audit,  and  the  Treasurer  shall  pay  all 
appropriations  of  money  made  in  pursuance  of 
this  section,  in  the  same  manner  as  is  now  provid- 
ed by  law  for  auditing  and  paying  demands  upon 
the  treasury;  .said  sum  or  sums  so  paid  shall  be- 
come a  lien  on  the  property  from  which  said  nui- 
sance has  been  removed  or  abated  in  pursuance  of 
this  section,  and  may  be  recovered  by  an  action 
against  such  property.  And  it  shall  be  the  duty 
of  the  City  and  County  Attorne.v  to  foreclose  all 
such  liens  in  the  proper  Court,  in  the  name  of  and 
for  the  benefit  of  said  city  and  county,  and  when 
the  property  is  sold  enough  of  the  proceeds  shall 
.be  paid  into  the  city  and  county  treasury  to  sat- 
isfy the  lien  and  costs,  and  tlie  overplus,  if  any 
there  be.  shall  be  paid  to  the  owner  of  the  prop- 
erty, if  he  be  known,  and  if  not.  then  into  the 
Court  for  his  use  when  ascertained.  The  Board 
.of  Health  is  hereby  vested  with  power  to  act  upon, 
define,  determine,  and  adjudge  what  shall  consti- 
tute a  nuisance  in  said  city  and  county,  and  to  re- 
Pol.  Code— 5.?, 


§§  3029-3033  Quarantine  Regulations.  626 

quire  tlie  same  to  be  abated  in  a  summary  man- 
ner. Any  person  wlio  maintains,  permits,  or  al- 
lows a  nuisance  to  exist  upon  his  or  her  property 
or  premises,  after  the  same  has  been  determined 
by  said  Board  to  be  a  nuisance,  and  after  notice 
to  remove  the  same  has  been  served  upon  such 
person,  is  guilty  of  a  misdemeanor,  and  shall  be 
pxmished  accordingly;  and  each  day  of  such  exis- 
tence, after  notice,  shall  be  deemed  a  separate 
and  distinct  offense,  and  it  is  the  duty  of  the 
Health  Officer  to  prosecute  all  persons  guilty  of 
violating  this  law  by  continuous  prosecutions  un- 
til the  same  is  abated  and  removed.  [Amend- 
ment, approved  ISIarch  9,  1878:  Amendments  1877- 
8.  p.  57.    In  efCect  March  9,  1878.] 

§  3029.  The  Health  Officer  must  keep  in  his 
office  a  booli  in  which  he  must  make  an  entry  of 
all  fees  collected  by  him.  He  must  pay  all  fees  col- 
lected to  the  City  and  County  Treasurer  weekly, 
to  the  credit  of  the  General  Fund. 

§  3030.  The  Health  Officer  must  execute  an 
official  hond,  to  be  approved  by  the  Board  of 
Health,  in  the  sum  of  ten  thousand  dollars. 

Official  bonds:  See.  947  et  seq. 

§  3031.  Any  member  of  the  Board  of  Health, 
Health  Officer,  or  Quarantine  Officer,  or  Secretary, 
or  Assistant  Secretary,  of  the  Health  Department, 
is  empowered  to  administer  oaths  on  business  con- 
nected with  that  department.  [Amendment,  ap- 
proved March  9,  1878:  Amendments  1877-8,  p.  58. 
In  effect  March  9,  1878.] 

§  3032.  Whenever  any  cause  of  action  arises 
under  any  of  the  provisions  of  this  chapter,  suit 
may  be  maintained  therein,  in  the  name  of  the 
Health  Officer,  in  any  District  Court  of  this  State. 

District  Court— superseded  by  Superior  Court 
(see  Code  Civ.  Proc,  sees.  65-79),  pursuant  to 
Const.  Cal.  1879,  art.  22,  sec.  3. 

§  3033.  Whenever  it  shall  be  certified  to  the 
Board  of  Health,  by  the  Health  Officer,  that  any 
building,  or  part  thereof,  is  unfit  for  human  habita- 
tion, by  reason  of  its  being  so  infected  with  disease 
as  to  be  likelv  to  cause  siclcuess  among  tlie  occu- 


627  Quarantine  Regulations.  §§  3034,  3035 

pants,  or  by  reason  of  its  want  of  repair  has  become 
dangerous  to  life,  said  Board  may  issue  an  order, 
and  cause  the  same  to  be  affixed  conspicuously  on 
the  building,  or  part  thereof,  and  to  be  personally 
served  upon  the  owner,  agent,  or  lessee  if  the  same 
can  be  found  in  this  State,  requiring  all  persons 
therein  to  vacate  such  building,  for  the  reasons  to 
be  stated  therein  as  aforesaid.  Such  building,  or 
part  thereof,  shall,  within  ten  days  thereafter  be 
vacated,  or  within  such  shorter  time,  not  less  than 
twenty-four  hours,  as  in  said  notice  may  be  speci- 
fied; but  said  Board,  if  it  shall  become  satisfied 
that  the  danger  from  said  house,  or  part  thereof, 
has  ceased  to  exist,  may  revolve  said  order,  and  it 
shall  thenceforward  become  inoperative.  [New 
section,  approved  March  9,  1878;  Amendments 
1877-8,  p.  58.    In  effect  March  9,  1878.] 

§  3034.  One — Every  physician  In  the  city  and 
county  shall  report  to  the  ♦Health  Officer,  in  writ- 
ing, every  patient  he  shall  have  laboring  under 
Asiatic  cholera,  variola,  diphtheria,  or  scarlatina, 
immediately  thereafter,  and  report  to  the  same 
officer  every  case  of  death  from  such  disease,  im- 
mediately after  it  shall  have  occurred. 

Two— Every  household  in  said  city  and  county 
shall  forthwith  report,  in  writing,  to  the  Health 
Officer,  the  name  of  every  person  boarding  or  an 
inmate  at  his  or  her  house,  whom  he  or  she  shall 
have  reason  to  believe  sick  of  cholera  or  smallpox, 
and  any  deaths  occurring  at  his  or  her  house  from 
such  disease.  [New  section,  approved  March  9, 
1878;  Amendments  1877-8,  p.  58.  In  effect  March 
9,  1878.1 

§  3035.  The  Board  of  Health  shall  have  entire 
charge  of  the  City  Cemetery,  and  shall  employ  a 
Superintendent,  at  a  salary  of  seventy-five  dollars 
per  month,  the  same  to  be  paid  as  tlie  salaries  of 
other  employees  are  paid.  [New  section,  approved 
March  9,  1878;  Amendments  1877-8,  p.  59.  In  ef- 
fect March  9,  1878.] 


§§  3042-3045      Health  Regulations.  028 


ARTICLE   IV. 

HEALTH    REGULATIONS    FOR    THE    CITY    OF    SACRA- 
MENTO. 

§  3042.  Board  of   Health,   who  and  how   appointed. 

§  3043.  Term  of  office. 

§  3044.  Powers    of   the   Board   of   Health. 

§  3045.  Pest  houses,   how   located  and   conducted. 

§  3046.  Death    records. 

§  3047.  Enforcement    of   regulations.     Health    Officer. 

§  3048.  Expenses,  how  paid. 

§  3049.  Compensation,    how    fixed. 

§  3042.  The  Boarcl  of  Trustees  of  the  City  of 
Sacramento  may  establish  by  ordinance  a  Board 
of  Health  therefor,  to,  consist  of  five  practicing 
physicians,  graduates  of  a  medical  college  of 
recognized  respectability;  and  the  President  of  the 
Board  of  Trustees  is  ex-olficio  President  of  the 
Board. 

General  basis  of  article:  Stats.  1870,  p.  4.52:  also 
for  this  section:  Stats.  18()8,  p.  403. 

Dispensary  in  Sacramento — Act  to  establish  and 
maintain:  Stats.  1872.  p.  .531. 

§  3043.  The  members  of  the  Board  hold  their 
offices  at  the  pleasure  of  the  appointing  power. 

§  3044.  The  Board  of  Health  of  the  City  of 
Sacramento  lias  a  general  supervision  of  all  the 
matters  appertaining  to  the  sanitary  condition  of 
the  city,  and  may  make  such  rules  and  regulations 
in  relation  thereto  as  are  not  inc-onsistent  with 
law. 

§  3045.  The  Board  of  Health  may  locate  and 
establish  pest  houses,  and  cause  to  be  removed 
thereto,  and  kept,  any  person  having  a  conta- 
gious or  infectious  disease;  may  discontinue  or  re- 
move the  same,  and  make  such  rules  and  regu- 
lations regarding  the  conduct  of  the  same  as  are 
needful. 

Basie  ^f  section:  Stats.  18.53.  p.  .35. 


629  Health  and  Quarantine.  §§  3046^059 

§  3046.  The  Board  of  Health  must  exercise 
a  general  supervision  over  the  death  records  of 
the  City  of  Sacramento,  and  may  adopt  such  forms 
and  regulations  for  the  use  and  government  of 
physicians,  undertakers,  and  superintendents  of 
cemeteries,  as  in  their  .ludgment  may  be  best  cal- 
culated to  secure  reliable  statistics  of  the  mortal- 
ity in  the  city  and  prevent  the  spread  of  disease. 

§  3047.  The  Board  of  Trustees  of  the  City  of 
Sacramento  must,  by  ordinance  or  otherwise, 
provide  for  enforcing  siich  orders  and  regulations 
as  the  Board  of  Health  may  from  time  to  time 
adopt;  and  in  times  of  epidemics,  or  when  deemed 
necessary  by  the  Board  of  Health,  a  Health  Offi- 
cer must  be  employed  to  enforce  tlie  laws  in  rela- 
tion to  the  sanitary  condition  of  the  city. 

§  3048.  All  expenses  necessarily  incurred  in 
carrying  out  the  provisions  of  this  article  must  be 
provided  for  by  the  Board  of  Trustees  of  the  City 
of  Sacramento,  who  may  make  appi'opriation 
therefor  out  of  the  Special  Street  Fund,  if  the 
same  is  sufficient;  if  not.  they  may,  by  taxation 
provide  a  fund  therefor. 

§  3049.  The  Board  of  Trustees  must  fix  the 
compensation  of  the  Board  of  Health  and  the 
Health  Officer. 


ARTICLE  V. 

HEALTH      AND      QUARANTINE      OF      OTHER     CITIES, 
TOWNS,   AND   HARBORS. 

§  3059.  Boards   of  Supervisors,   may  adopt  Article   III. 

§  3060.  Boards  of  Supervisors  may  adopt  Article  IV. 

§  30fil.  Board  of  Health  established  in  towns  and  cities. 

§  3062.  May   appoint   Health    Officer   in   lieu   of  Board. 

§  3063.  Per   capita   or   property   tax,   how   levied. 

§  3064.  Compensation. 

§  3059.  The  Board  of  Supervisors  of  any  coun- 
ty in  AVhich  there  is  a.  port  of  entry  or  harbor,  for 
which  there  is  not  otherwise  provided  health  and 
quarantine  regulations,  may  by  an  ordinance 
adopt  the  whole  or  any  part  of  the  provisions  of 
aiticle   III   of   this   chapter,    appoint   a   Board    of 


§§  3060,  3061      Health  and  Quarantine.  630 

Health,  or  Health  Officer,  locate  quarantine 
grounds  when  necessary,  and  provide  for  the  en- 
forcement of  health  and  quarantine  regulations. 

Local  adaptation  of  health  and  quarantine  reg- 
ulations: See  sec.  40-16,  subd.  20. 

§  3060.  In  like  manner  the  Board  of  Supervis- 
ors of  any  coimty  in  which  there  is  an  unincorpo- 
rated city  or  town,  for  which  there  is  not  other- 
wise provided  a  Board  of  Health  or  health  regula- 
tions in  time  of  epidemics,  or  the  existence  of  con- 
tagious or  infectious  diseases,  may  by  an  ordi- 
nance adopt  for  such  city  or  town,  in  whole  or  in 
part,  the  provisions  of  article  IX  of  this  chapter, 
for  some  definite  period  of  time;  and  appoint  there- 
for a  Board  of  Health. 

§  3061.  It  shall  be  the  duty  of  the  Board  of 
Trustees,  Council,  or  other  corresponding  Board, 
of  every  incorporated  town  and  city  of  this  State, 
to  establish,  by  ordinance,  a  Board  of  Health  for 
such  town  or  city,  to  consist  of  five  persons,  one 
at  least  of  whom  shall  be  a  practicing  physician 
and  a  graduate  of  some  reputable  school  of  med- 
icine, and  one,  if  practicable,  a  civil  engineer. 
The  members  of  the  Board  shall  hold  their  offices 
at  the  pleasure  of  the  appointing  i)ower.  Every 
local  Board  of  Health  established  in  this  State 
must: 

First— Supervise  all  matters  pertaining  to  the 
sanitary  condition  of  their  town  or  city,  and  make 
such  rules  and  regulations  relative  thereto  as  are 
necessary  and  proper,  and  not  contrary  to  law. 

Second — Report  to  the  Secretary  of  the  State 
Board  of  Health,  at  Sacramento,  at  such  times  as 
the  State  Board  of  Health  may  require: 

a.  The  sanitary  condition  of  their  locality. 

b.  The  number  of  deaths,  with  the  cause  of 
each,  as  near  as  can  be  ascertained,  within  their 
jurisdiction,  during  the  preceding  month. 

c.  The  presence  of  epidemic  or  other  dangerous, 
contagious,  or  infectious  disease,  and  such  other 
matters,  witliin  their  knowledge  or  jurisdiction,  as 
the  State  Board  may  require. 

The  Trustees,  Council,  or  other  legislative  Board, 
by  whateA'er  name  known,  of  any  incorporated 
city  or  town  of  this  State  jnay,  by  ordinance,  adopt 
any  portion  of  article  HI  and  IV  of  this  chapter. 


631  Health  and  Quarantine.  §§  3062-3064 

or  either  of  them,  for  some  definite  period  of  time, 
as  may  seem  proper  for  the  regulation  of  sanitary 
matters  within  their  town  or  city.  L Amendment, 
approved  March  19,  1878;  Amendments  1877.-8; 
p.  59.    In  effect  March  19,  1878.] 

§  3062.  The  Board  of  Supervisors  of  each  coun- 
ty must  appoint,  in  each  unincorporated  city  or 
town  of  five  hundred  or  more  inhabitants,  a 
Health  Ofhcer,  who  has  all  the  duties  and  powers 
of  a  Board  of  Health  and  Health  Officer,  as  speci- 
Hed  in  this  and  the  two  preceding  articles.  [Ap- 
proved March  1,  1889.] 

§  3063.  All  necessary  expenses  of  enforcing  this 
article  are  charges  against  the  counties,  cities,  or 
towns,  respectively,  for  the  payment  of  which  the 
county,  city,  or  town,  may  levy  a  per  capita  tax 
of  not  exceeding  three  dollars,  or  a  property  tax  of 
not  exceeding  one-fourth  o"f  one  per  cent  yearly  .un- 
til the  same  is  paid. 

§  3064.  The  Board  of  Supervisors  must  fix  the 
salary  or  compensation  of  Boards  of  Health  or 
Health  Officer,  and  provide  for  the  exi^enses  of 
enforcing  the  provisions  of  this  article.  If  the 
Board  of  Supervisors  or  Board  of  Trustees,  Coun- 
cil, or  other  corresponding  Board  of  any  incorpo- 
rated town,  neglects  to  provide  a  Board  of  Health 
or  Health  Officer  by  the  first  day  of  July,  eighteen 
hundred  and  eighty-seven,  the  State  Board  of 
Health  may  direct  the  District  Attorney  of  the 
county  to  begin  an  action  against  such  Board  of 
Supervisors,  or  Board  of  Trustees,  or  correspond- 
ing Board,  to  compel  the  performance  of  their 
duty,  or  may  appoint  a  Board  of  Health,  or  Health 
Officer  with  the  powers  of  a  Board  of  Health,  for 
such  town  or  city,  and  the  expenses  of  such  Board 
of  Health  or  Health  Officer  shall  be  a  charge 
against  the  incorpoi-ated  city  or  town  for  which 
such  appointment  shall  be  made:  and  when  the  ap- 
pointment is  made  for  unincorporated  towns,  the 
expenses  of  the  Board  of  Health  or  Health  Officer 
is  a  charge  against  the  county.  [Approved  March 
1,  1889.1 


§§  8074-3077     Kegistry  of  Births,  etc.  032 

CHAPTER  III. 

REGISTRY    OF    BIRTHS,     MARRIAGES    AND     DEATHS. 

§  3074.  Registry    of    marriages. 

5  3075.  Registry  of  births. 

§  307d.  Registry  of  deaths. 

§  3077.  Reports    to   Recorder. 

§  3078.  Same. 

§  307b.  Duties   of   Recorder. 

§  3080.  Report   to    Secretary   of    State    Board    of   Health. 

§  3081.  Fees. 

§  30S2.  Penalties. 

§  3083.  Printing  and  distribution  of  forms  of  register. 

§  3084.  Permit   for    burial. 

§  3074.  All  persons  who  perform  the  marriage 
ceremony  must  Iceep  a  registry  of  the  time  of  each 
mavriaae  so  celebrated,  the  residence,  the  names 
in  full,"  the  place  of  birth,  the  age  of  each  party, 
and  whether  either  party  has  ever  been  before 
married.  [Amendment,  approved  March  16,  1878; 
Amendments  1877-8,  p.  60.  In  effect  March  16, 
1878.] 

§  3075.  All  physicians  and  professional  mid- 
wives  nuist  keep  a  registry  of  the  time  of  each 
birth  at  which  they  assist,  professionally,  the  sex, 
race,  and  color  of  the  child,  and  the  names  and 
residence  of  the  parents. 

§  3076.  Physicians  who  attend  deceased  per- 
sons in  their  last  sickness;  clergymen  who  officiate 
at  a  funeral:  Coroners  who  hold  inquests;  sextons 
.and  undertakers  who  bury  deceased  persons;  must 
each  keep  a  registry  of  the  name,  age,  residence, 
and  time  of  death  of  such  person.  [Amendment, 
approved  March  30.  1874;  Amendments  1873-4,  p. 
42.    In  effect  Jtily  6,  1874.] 

§  3077.  All  persons  registering  marriages, 
births,  or  deaths,  must  qtiarterly  tile  with  the 
County  Recorder  a  certitied  copy  of  their  register. 
All  such  certificates  must  specify,  as  near  as  may 
be  ascertained,  the  name  in  full.  age.  occupation, 
term  of  residence  in  the  city  or  county,  birth-place, 
condition,  whether  single  or  married,  widow  or 
widower,  sex,  race,  color,  last  place  of  residence, 


038  Registry  of  Births,  etc.     §§  3078-3082 

and  cause  of  death  of  all  decedents.  [Amend- 
ment, approved  March  16,  1878:  Amendments  1877- 
8,  p.  60.    In  effect  March  16,  1878.] 

§  3078.  Tf  at  any  birth  no  physician  or  midwife 
atttends,  the  parents  must  mulie  the  report. 

§  3079.  The  Recorder  must  l^eep  separate  regis- 
ters, to  be  Ijnown  as  the  "Register  of  Marriages," 
the  "Register  of  Births,"  and  the  "Register  of 
Deaths,"  in  which  the  marriages,  births,  and 
deaths  certified  to  him  must  be  numbered  in  the 
order  in  which  they  are  reported  to  him.  There 
must  be  stated  in  each  register,  in  separate  col- 
umns, properly  headed,  the  various  facts  contained 
in  the  certificates,  and  the  name  and  oflicial  or 
clerical  position  of  the  person  mailing  the  report. 
The  Recorder  must  carefully  examine  each  report, 
and  register  the  same  marriage,  birth,  or  death 
but  once,  although  it  may  be  reported  by  different 
persons.  [Amendment,  approved  March  16,  1878; 
Amendments  1877-8,  p.  60.  In  effect  March  16, 
1878.] 

§  3080.  The  County  Recorder  must  every  three 
months  transmit  to  the  Secretary  of  the  State 
Board  of  Health,  at  Sacramento  City,  a  certified 
abstract  of  the  registers  of  births,  marriages,  and 
deaths,  prepared  in  tlie  manner  prescribed  in  the 
instructions  of  the  Secretary,  and  upon  blanks  to 
be  furnished  by  laim  for  that  purpose. 

§  3081.  County  Recorders,  in  those  counties 
where  their  compensation  is  by  fees,  shall  be  al- 
lowed by  the  Board  of  Supervisors  a  fee  of  not  ex- 
ceeding ten  cents  for  each  name  reported,  to  be 
paid  out  of  the  General  Fund  of  the  county;  and 
in  those  counties  where  their  compensation  is  by 
a  fixed  salary  the  duties  in  this  chapter  provided 
shall  be  performed  without  compensation  other 
tlian  such  salary.  [Amendment,  approved  March 
10.  1878;  Amendments  1877-8,  p.  (i(».  In  effect  im- 
mediately.] 

§  3082.  Any  person  on  whom  a  duty  is  imposed 
by  this  cliapter,  who  fails,  neglects,  or  refuses  to 
perform  tlie  same  as  herein  required,  is  liable  to  a 
penalty  of  fifty  dollars,  to  be  recovered  by  the  Dis- 


§§3083,3084    Registry  of  Births,  etc.  (534 

trict  Attorney  of  the  proper  county  for  the  use  of 
the  General  Fund  of  such  county. 

§  3083.  The  Secretary  of  the  State  Board  of 
Health  must  prepare  blank  forms  of  said  registers 
for  the  State  Printer,  who  must  print  as  many 
tfopies  as  the  said  Secretary  shall  direct  and  deliv- 
er the  same  to  the  Secretary  of  State,  who  shall 
forward  the  same,  from  time  to  time,  and  in  such 
numbers  as  shall  be  directed  by  the  Secretary  fii'st 
mentioned,  to  the  Coimty  Recorders  of  the  several 
counties,  who  must  carefully  Iveep  and  distribute 
the  same  to  the  persons  in  the  county  who  are  re- 
quired to  keep  the  re<risters  and  make  the  reports 
provided  in  this  chapter.  [New  section,  approved 
March  10,  1878;  Amendments  1877-8,  p.  61.  In  ef- 
fect March  16,  1878.] 

§  3084.  No  person  shall  inter,  cremate,  or  oth- 
erwise dispose  of  any  human  body,  in  any  city, 
county,  or  city  and  county,  without  having  first 
obtained  a  permit  therefor.  In  incorporated  cities, 
or  counties,  or  cities  and  counties,  the  permit  must 
be  obtained  from  the  person  authorized  to  grant 
the  same  by  any  law,  ordinance,  or  resolution, 
passed  for  that  purpose.  But  in  the  absence  of 
such  law,  ordinance,  or  resolution,  the  permit  must 
be  obtained  from  either  the  Coroner,  or  Health 
Officer,  Board  of  Health,  or  if  the  Coroner  be  ab- 
sent, then  from  the  Health  Officer  or  Board  of 
Health:  and  if  there  be  no  Board  of  Health  or 
Health  Officer,  then  from  a  Justice  of  the  Peace. 
The  person  applying  for  a  permit  must  produce 
and  file  with  the  officer  issuing  the  permit  a  cer- 
tificate signed  by  a  physician,  or  a  coroner,  or 
two  reputable  citizens,  setting  forth  as  near  as 
possible,  the  name,  age,  color,  place  of  birth,  oc*cu- 
patlon,  date,  locality,  and  cause  of  death  of  de- 
ceased. And  no  permit  shall  be  granted  without 
the  production  of  such  certificate.  Such  permit 
must  be  filed  by  the  County  Recorder,  and  the  per- 
son so  filing  is  entitled  to  the  compensation  pro- 
vided for  in  section  three  thousand  and  seventy- 
seven  of  tliis  Code,  but  if  any  other  registration 
of  the  death  of  the  deceased  shall  have  been  made, 
the  Recorder  must  record  the  name  but  once. 
[Approved  February  25,  1889.  In  effect  March  27, 
1889.] 


635  Dissection.  §§  3093-3095 

CHAPTER  IV. 

DISSECTION. 

§  3093.    Physicians,    etc.,    may    obtain    dead    bodies. 

I  3094.    Bodies  required  to  be  buried  at  public  expense. 

§  3095.    Physicians  to  give  certificate  from  Medical  Society. 

§  3093.  Any  ptiysician  or  surgeon  of  ttiis  State, 
or  any  medical  student  under  the  autlaority  of  any 
sueli  physician  or  surgeon,  may  obtain,  as  herein- 
after provided,  and  have  in  his  possession  human 
dead  bodies,  or  the  parts  thereof,  for  the  purposes 
of  anatomical  inquiry  or  instruction. 

Stats.  1870,  405. 

Removing  body  for  dissection:  Pen.  Code,  sec. 
291. 

Violation  of  burial  and" the  remains  of  the  dead: 
Id.,  sees.  290  et  seq. 

Disinterring  body  without  permit:  Stats.  1878, 
1050. 

§  3094.  Any  Sheriff,  Coroner,  Keeper  of  a 
County  Poorhouse,  public  Hospital,  County  Jail, 
or  State  Prison,  or  the  Mayor  or  Board  of  Super- 
visors of  the  City  of  San  Francisco,  must  surren- 
der the  dead  bodies  of  such  persons  as  are  required 
to  be  buried  at  the  public  expense  to  any  physi- 
cian or  surgeon,  to  be  by  him  used  for  the  advance- 
ment of  anatomical  science,  preference  being  al- 
ways given  to  medical  schools  by  law  established 
in  this  State,  for  their  use  in  the  Instruction  of 
medical  students.  But  if  such  deceased  person 
during  his  last  sicliness  requested  to  be  buried, 
or  if  within  twenty-four  hours  after  his  death 
some  person  claiming  to  be  of  kindred  or  a  friend 
of  the  deceased  requires  the  body  to  be  buried, 
or  if  such  deceased  person  was  a  stranger  or  trav- 
eler who  suddenly  died  before  making  himself 
known,  such  dead  body  must  be  buried  without 
dissection. 

§  3095.  Every  physician  or  surgeon,  before  re- 
ceiving a  dead  body,  must  give  to  the  Board  or  offi- 
cer surrendering  the  same  to  him  a  certificate 
from  the  Medical  Society  of  the  county  in  which 
he  resides,  or  if  there  is  none,  from  the  Board  of 


§§  3105-3107  Cemeteries.  '  636 

Supervisors  of  tlie  same,  that  he  is  a  fit  person 
to  receive  such  dead  body.  He  must  also  give  a 
bond,  with  two  sureties,  that  each  body  so  by  him 
received  will  be  used  only  for  the  promotion  of 
anatomical  science,  and  that  it  will  be  used  for 
such  purpose  within  this  State  only,  and  so  as  in 
no  event  to  outrage  the  public  feeling. 


CHAPTER   V. 

CEMETERIES    AND    SEPULTURE. 

§  3105.  Title  to   cemetery  grounds. 

§  3106.  What  constitutes  a  cemetery. 

§  3107.  Cemeteries,  how  laid  out  and  dedicated. 

§  3108.  Inhabitants   of   city,    etc.,    to   own   cemetery. 

§  3109.  Public   cemeteries  under  whose   control. 

§  3110.  Regulations,    sextons,    etc. 

§  3111.  Register  must  be  kept. 

§  3105.  The  title  to  lands  used  as  a  public  cem- 
etery or  graveyard,  situated  in  or  near  to  any  city, 
town,  or  village,  and  used  by  the  inhabitants  there- 
of continuously,  without  inteiTuption,  as  a  burial 
ground  for  five  years,  is  vested  in  the  inhabitants 
of  sucli  city.  town,  or  village,  and  the  lands  must 
not  be  used  for  any  other  purpose  than  a  public 
cemetery. 

Sepulture  and  the  remains  of  the  dead,  violating: 
See  Pen.  Code,  sees,  290-297. 

Act  relating  to  exhumation:  See  General  Laws. 
title  "Cemeteries." 

§  3106.    Six  or  more  human  bodies  being  buried 

at  one  place  constitutes  the  place  a  cemetery. 
Basis  of  section:  Stats.  1854,  p.  20. 

§  3107.  Incorporated  cities  or  towns,  and  for 
unincorporated  towns  or  villages,  the  Supervisors 
of  the  county  may  survey,  lay  out,  and  dedicate 
of  the  public  lands  situated  in  or  near  such  city, 
town,  or  village,  not  exceeding  five  acres,  for  cem- 
etery and  burial  purposes.  The  survey  and  de- 
scription thereof,  together  with  a  certified  copy  of 
the  order  made  constituting  the  same  a  cemetery, 
must  be  recorded  in  the  Recorder's  office  of  the 
county  in  which  the  same  is  located. 


637  Cemeteries.  §§  3108-3111 

§  3108.  The  inhabitants  of  any  city,  town,  vil- 
lage, or  neighborhood  may  by  subscription  or  other- 
wise purchase  or  receive  by  gift  or  donation,  lands 
not  exceeding  five  acres,  to  be  used  as  a  cemetery, 
the  title  thereof  to  be  vested  in  such  inhabitants, 
and  when  once  dedicated  to  use  for  burial  pur- 
poses must  thereafter  be  used  for  no  other  pur- 
pose. 

§  3109.  The  public  cemeteries  of  cities,  towns, 
villages,  or  neighborhoods  must  be  inclosed  and 
laid  off  into  lots,  and  the  general  management, 
conduct,  and  regulation  of  interments,  permits  to 
inter,  or  remove  interred  bodies,  the  disposition  of 
lots,  and  lieeping  the  same  in  order,  is  under  the 
jurisdiction  and  control  of  tlie  cities  and  towns 
owning  the  same,  if  incorporated;  if  not,  then 
under  the  jurisdiction  and  control  of  the  Board  of 
Supervisors  of  the  county' in  which  they  are  sit- 
uated. 

§  3110.  The  Board  of  Supervisors,  City  Trus- 
tees, or  other  corresponding  authorities  having  ju- 
risdiction and  control  of  cemeteries,  may  make 
general  rules  and  regulations  therefor,  and  ap- 
point sextons  or  other  officers  to  enforce  obedience 
to  the  same,  with  such  other  powers  and  duties 
regarding  the  cemetery  as  they  may  deem  neces- 
sary. 

§  3111.  The  authority  having  control  of  a  pub- 
lic cemetery  must  require  a  register  of  name,  age, 
birth-place,  and  date  of  death  and  burial  of  every 
body  interred  therein,  to  be  liept  by  the  sexton  or 
other  officer,  open  to  public  inspection. 
Pol.  Code— 54. 


§  3130  Lost  Money  and  Goods.  638 

CHAPTER  VI. 

LOST  AND   UNCLAIMED  PROPERTY. 

Article  I.     Lost    Money   and   Goods. 
II.    Unclaimed  Property. 

ARTICLE  I. 

LOST  MONEY  AND  GOODS. 

§  3136.  Duty  of  persons  finding  lost   money,   etc. 

§  3137.  Appraisers,  appointment  and  duty  of. 

§  3138.  List   of   appraisers.     Finder   to   advertise. 

§  3139.  Proceedings,      if     no     owner     appear      within      six 

months. 

§  3140.  Finder   to   restore  property.     Owner   may   sue. 

§  3141.  Finder,    failing   to    make   discovery,    penalty. 

§  3142.  Proof,   how  made. 

§  3136.  If  any  person  find  any  money,  goods, 
things  in  action,  or  otlier  personal  property,  or 
sliall  save  any  domestic  animal  from  drowning 
or  from  starvation,  when  such  property  shall  be 
of  the  value  of  ten  dollars  or  more,  he  must  in- 
form the  owner  thereof,  if  known,  and  make  resti- 
tution without  compensation,  further  than  a  rea- 
sonable charge  for  saving  and  taking  care  thereof; 
but  if  the  owner  is  not  known  to  the  party  saving 
or  finding  such  property,  he  must,  within  five 
days,  make  an  affidavit  before  some  Justice  of  the 
Peace  of  the  county,  stating  when  and  where  he 
found  or  saved  such  property,  particularly  de- 
scribing it;  and  if  the  property  was  saved,  partic- 
ularly stating  from  what  and  how  he  saved  the 
same,  stating  therein  whether  the  owner  of  the 
property  is  known  to  him.  and  that  he  has  not  se- 
creted, withheld,  or  disposed  of  any  part  of  such 
property.  [Approved  March  30.  In  effect  July  6, 
1874.] 

Finder— rights,  duties,  and  liabilities  of:  See  Civ. 
Code,  sees.  1864-1872. 

Wrecks  and  wrecked  property:  Sees.  2403-2418. 

Lost  property — larceny  of;  See  Pen.  Code,  sec, 
485. 

Former  provisions  as  to  water  craft  found  adrift, 
and  lost  money  and  property:  Stats.  1850,  p.  156. 


fi39  Lost  Money  and  Goods.    §§  3137-3141 

§  3137.  The  Justice  must  then  summon  three 
disinterested  householders  to  appraise  the  same. 
The  appraisers,  or  any  two  of  them,  must  malve 
two  lists  of  the  valuation  and  description  of  such 
property,  and  sign  and  make  oath  to  the  same, 
and  deliver  one  of  the  lists  to  the  finder,  and  the 
other  to  the  Justice  of  the  Peace. 

§  3138.  The  Justice  must  file  such  list,  and  the 
finder  must  transmit  a  copy  of  the  same  to  the 
Recorder  of  the  county,  who  must  record  the  same 
in  a  book  known  as  the  "Estray  and  Lost  Prop- 
erty Book,"  within  fifteen  days,  and  the  finder 
must  at  once  set  up  at  the  Courthouse  door  and 
four  other  public  places  in  the  township  or  city 
a  copy  of  such  valuation  and  description  of  prop- 
erty. 

§  3139.  If  no  owner  appears  and  proves  the 
property  within  six  months,  and  the  value  thereof 
does  not  exceed  twenty  dollars,  the  same  vests  in 
the  finder;  but  if  the  value  exceed  tAventy  dollars, 
the  finder  must,  within  thirty  days  after  setting 
up  the  list  mentioned  in  the  preceding  section, 
cause  a  copy  of  the  description  to  be  inserted  in 
some  newspaper  printed  in  the  county,  if  there  be 
one,  and  if  not,  in  some  newspaper  printed  in  the 
State,  for  three  weeks;  and  if  no  owner  prove  the 
property  within  one  year  after  such  publication  it 
vests  in  the  finder. 

§  3140.  If,  within  one  year,  an  owner  ap- 
pears and  proves  the  property  and  pays  all  reason- 
able charges,  including  fees  of  officers,  the  finder 
must  restore  the  same  to  him.  On  failure  to  make 
I'estoration  of  such  property,  or  the  appraised  val- 
ue thereof,  on  being  tendered  such  charges  and 
fees,  the  owner  may  recover  the  same  or  tlie  value 
thereof  by  civil  action  in  any  Court  having  juris- 
diction. 

§  3141.  If  any  person  find  any  money,  prop- 
erty, or  other  valuable  tiling,  and  fail  to  make 
discovery  of  the  same  as  required  by  this  article, 
he  forfeits  to  the  owner  double  the  value  thereof. 

Failing  to  make  discovery— is  larceny:  Penal 
Code,  sec.  485. 


§§  3142-3153       Unclaimed  Property.  640 

§  3142.  The  proof  required  by  tliis  article  must 
be  made  before  the  Clerk  with  whom  the  list  pro- 
vided for  herein  is  filed,  and  if  he  is  satisfied  there- 
from that  the  person  claiming  to  be  is  the  owner, 
he  must  certify  that  fact  under  his  hand  and  the 
seal  of  the  County  Court. 

County  Court— superseded  by  Sui)erior  Court: 
(See  Code  Civ.  Proc,  sees.  G5-79),  pursuant  to 
Const.  Cal.,  1879,  art.  22,  sec.  3. 

Lost  waiTants,  act  relating  to  payment  of:  See 
General  Laws,  title  "Lost  Warrants." 


ARTICLE  II. 

UNCLAIMED    PROPERTY. 

§  3152.  Carriers   may   retain    goods    until    charges   paid. 

§  3153.  Property  unclaimed  within  sixty  days  to  be  sold. 

§  3154.  Proceeds   unclaimed,    where   to   go. 

§  3155.  Carrier's  responsibility  ceases,   when. 

§  3156.  Property  upon   which   advances   are   made    may   be 

sold. 

§  3157.  Fees    of    officers. 

§  3152.  When  any  goods,  merchandise,  or  oth- 
er property  has  been  received  by  any  railroad 
or  express  company,  or  other  common  carrier, 
commission  merchants,  innkeepers  or  warehouse- 
men, for  transportation  or  safe  keeping,  and  .ire 
not  delivered  to  the  owner,  consignee,  or  other 
authorized  person,  the  carrier,  commission  mer- 
chant, innkeeper,  or  warehouseman,  may  hold  or 
store  the  same  with  some  responsible  person  un- 
til the  freight  and  all  just  and  reasonable  charges 
are  paid. 

Carrier — delivery  and  storage  bv:  Civ.  Code, 
sees.  2118-2121;  relief  from  liability.  Civ.  Code, 
sees.  2131,  2132;  lien  for  freightage.  Civ.  Code.  sec. 
2144. 

§  3153.  If  no  person  calls  for  the  property 
within  sixty  days  from  the  receipt  thereof  and 
pays  freight  and  charges  thereon,  the  carrier, 
oommission  merchant,  innkeeper,  or  warehouse- 
man may  sell  sucli  property,  or  so  much  thereof, 
at  auction  to  the  highest  bidder,  as  will  pay 
freight  and  charges,  first  having  given  tn-enty 
days'  notice  of  the  time  and  place  of  sale  to  the 
owner,  consignee  or  consignor,  when  known,  and 


641  Unclaimed   Property.     §§  3154-3157 

by  advertisement  in  a  daily  paper  ten  days  (or  if 
in  a  weelily  paper,  four  weeks),  publislied  wliere 
such  sale  is  to  take  place;  and  if  any  surplus  is  left 
after  paying  freight,  storage,  cost  of  advertising 
and  other  reasonable  charges,  the  same  must  be 
paid  over  to  the  owner  of  such  property  at  any 
time  thereafter,  upon  demand  being  made  there- 
for within  sixty  days  after  the  sale. 

§  3154.  If  the  owner  or  his  agent  fails  to  de- 
mand such  surplus  within  sixty  days  of  the  time 
of  such  sale,  then  it  must  be  paid  into  the  Coun- 
ty Treasury,  subject  to  the  order  of  the  owner. 

§  3155.  After  the  storage  of  goods,  merchan- 
dise, or  property,  as  herein  provided,  the  respon- 
sibility of  the  carrier  ceases,  nor  is  the  person 
with  whom  the  same  is  stored  liable  for  any  loss 
or  damage  on  account  thereof,  unless  the  same  re- 
sults from  his  negligence  vr  Avant  of  proper  care. 

S  3156.  When  any  commission  nif'T<  '  •  • 
warehouseman  receives  on  consignment  produce, 
merchandise,  or  other  property,  and  malces  ad- 
vances thereon,  either  to  the  owner  or  for  freight 
and  charges,  he  may,  if  the  same  is  not  paid  to 
him  within  sixty  days  from  the  date  of  such  ad- 
vances, cause  the  produce,  merchandise,  or  prop- 
erty on  which  the  advances  were  made,  to  be  ad- 
vertised and  sold  as  provided  herein. 

§  3157.  The  fees  of  officers  under  this  chapter 
are  the  same  allowed  for  similar  services  in  other 
cases  provided  in  this  Code,  to  be  paid  by  the 
taker  up  or  finder,  and  recovered  of  the  owner. 


§§  3167,  3168      Marks  and  Brands.  642 

CHAPTER  VII. 

MARKS   AND   BRANDS. 

Article  I.     Marks    and    Brands. 

II.     Regulations   relating   to   Marks   and   Brands. 
III.    Trade    Marks. 

ARTICLE  I. 

MARKS  AND  BRANDS. 

§  3] 67.  Owners  of  cattle  to  keep  a  mark,   etc. 

§  3168.  To  record  brands.     Fees. 

§  3169.  Recorders'  duties  respecting  recorded  marks,   etc. 

§  3170.  Marks   and  brands   not   lawful   unless   recorded. 

§  3171.  Certain    marks   not   allowed. 

§  3172.  Branding    animals,    at    what    age. 

§  3167.  Owners  of  horses,  mules,  cattle,  sheep, 
goats,  or  hogs  running  at  large,  must  have  a 
mark,  brand,  and  counterbrand  different  from  any 
one  in  use  by  any  other  person,  so  far  as  may  be 
known. 

General  basis  of  article:  Stats.  1851,  p.  411. 

Altering  brands — is  State  Prison  offense:  Penal 
Code,   sec.  357. 

Marks  and  brands  in  Siskiyou  County — Act  con- 
cerning, continued  in  force  by  Code:  See  sec.  19. 
subd.  11. 

§  3168.  Every  owner  must  record  with  the  Re- 
corder of  the  county  his  mark,  brand,  and  counter- 
brand  by  delivering  to  the  Recorder  his  mark,  cut 
upon  a  piece  of  leather,  and  his  brand  and  coun- 
terbrand burnt  upon  it,  which  shall  be  kept  in  the 
Recorder's  office.  A  certified  copy  thereof  made 
by  the  Recorder,  with  the  seal  of  his  office  at- 
tached thereto,  is  evidence  on  the  trial  of  any 
action  in  a  Court  of  competent  jurisdiction  as  to 
the  ownership  of  all  animals  legally  marked  or 
branded.  The  Recorder  must  enter  in  a  book  to 
be  kept  by  him  for  that  puriwse  a  copy  of  the 
marks,  brands,  and  counterbrands;  but  he  must 
first  be  satisfied  that  such  brand  and  counter- 
brand  tendered  to  him  for  record  is  unlike  any 
other  mark,  brand,  or  counterbrand  in  the  county, 
and,  as  far  as  his  knowledge  extends,  is  different 


643  Marks  and  Brands.      §§  3169-3172 

from  any  other  in  the  State.     For  recording  the 
marlv,  brand,   and  counterbrand   the  Recorder   is 
entitled  to  demand  and   receive  one  dollar. 
Basis  of  section:  Stats.  1851,  p.  411;  1861,  p.  373. 

§  3169.  Every  Recorder  in  this  State  must 
transmit  to  the  Recorders  of  the  adjoining  coun- 
ties a  transcript  of  all  the  marlis,  brands,  and 
counterbrands  recorded  in  his  office,  to  be  filed 
by  such  Recorders  in  their  oflSces,  and  reference 
thereto  must  be  made  in  every  case  of  application 
for  the  record  of  marks  and  brands. 

§  3170.  No  mark,  brand,  or  counterbrand  is 
lawful  unless  recorded  as  provided  in  this  article, 
nor  shall  any  person  use  more  than  one  mark  or 
brand,  unless  he  is  the  owner  of  more  than  one 
ranch  or  farm. 

Basis  of  section:  Stats.  1851,  p.  412;  1857,  p.  131. 

§  3171.  No  person  must  use  a  mark  by  cutting 
off  the  ear  or  by  cutting  the  ear  on  both  sides  to 
a  point. 

§  3172.  Every  person  must  mark  or  brand  his 
horses  and  mules  before  they  are  eight  months 
old,  and  cattle  before  they  are  twel've  months  old, 
on  the  hip  or  hinder  part,  and  mark  or  brand  his 
sheep,  goats,  and  hogs,  before  they  are  six 
months  old.  On  the  trial  of  any  action  to  re- 
cover the  possession  of  any  animal  which  is 
raarlved  or  branded,  the  marlv  or  brand  is  prima 
facie  evidence  that  the  animal  belongs  to  the  own- 
er of  the  mark  or  brand.  When  a  dispute  occurs 
in  regard  to  a  mark  or  brand,  the  person  first  re- 
cording the  same  is  entitled  thereto.  [Amend- 
ment approved  March  30,  1874;  Amendments  1873- 
4,  p.  43.     In  effect  .July  6.  1874.] 

Basis  of  section:  Stats.  1861,  p.  373;  1866,  p.  333. 

Prima  facie  evidence— defined:  Code  Civ.  Proc 
sec.  1833. 


§§  3182-3184      Marks  and  Brands.  '        644 

ARTICLE  II. 

REGULATIONS    RELATING   TO    MARKS    AND    BRANDS. 

§  3182.     Regulations  for  selling  cattle,  etc. 
§  3183.    Penalty    for   using   more    than     one,    or     an    unre- 
corded   mark. 
§  3184.     Fraudulently    mismarking    cattle. 
§  3185.    Hides  of  slaughtered  cattle  to  be  kept. 

§  3182.  Persons  selling  cattle,  horses,  mules, 
jacks,  or  jennies,  must  counterbrand  them  on  the 
shoulders,  or  give  a  written  descriptive  bill  of 
sale. 

Basis  of  section:  Stats.  1861,  p.  373. 

§  3183.  A.n.v  person  who  uses  any  mark, 
brand,  or  counterbrand  other  than  the  one  record- 
ed by  him,  except  by  the  consent  of  the  owner  of 
such  other  mark,  brand,  or  counterbrand,  or  uses 
more  than  one  mark,  brand,  or  counterbrand, 
otherwise  than  is  provided  in  Article  I,  or  suffers 
his  ward,  cliild,  apprentice,  or  servant  to  use  any 
other  than  his  own  mark,  brand,  or  countex-brand, 
on  those  of  the  stock  they  run  with,  forfeits  to 
any  person  suing  therefor  the  stock  so  marked  or 
branded  witli  any  other  than  the  proper  mark  or 
brand  recorded  by  him.  This  section  does  not  ex- 
tend to  any  stock  Avhich  may  descend  to  any 
ward,  child,  apprentice,  or  servant  by  the  gift  or 
devise  of  any  person  other  than  the  guardian,  par- 
ent, or  master,  of  such  Avard,  child,  apprentice, 
or  servant;  but  the  marks,  brands,  and  counter- 
brands  of  such  minors,  apprentices,  or  servants, 
must  be  recorded  as  other  marks,  brands,  and 
counterbrands. 

Stats.  1851,  p.  412,  sec.  6. 

§  3184.  If  any  person  has  Ivnowledge  of  any 
person,  who,  witli  the  intent  to  defraud  or  willing- 
ly mismarks  or  misbrands  any  stoclv  not  his  own. 
or  kills  any  stock  rumiing  at  large  having  a  proper 
owner,  tlie  person  having  such  knowledge  must, 
within  ten  days  thei'eafter.  give  information 
thereof  to  some  Justice  of  the  Peace  of  the  proper 
county. 

Stats.  ISr.l,  p.  412.  sec.  8. 

Altering  brands:  Penal  Code,  sec.  357. 


645  Trade  Marks.  §§  3185-8198 

§  3185.  All  persons  slaugliteriug  cattle  must 
keep  the  hides  with  the  ears  attached  for  fifteen 
days;  and  all  persons  having  such  hides  in  their 
possession  must  exhibit  the  same  for  examination 
on  demand  being  made  by  any  person. 

Stats.  1866,  p.  333,  sees,  7,  8. 


AETICLE  III. 

TRADE    MARKS. 

§  3196.  "Trade  marks"  defined. 

§  3197.  Exclusive  use  of  trade   mark,   how   secured. 

§  3198.  Record    of    trade    marks. 

§  3199.  Assignments.     Injunctions. 

§  3200.  Use  of  by   labor  union. 

§  3201.  Infringement   of  trade   mark    used   by   trade   union. 

§  3196.  The  phrase  "trade  mark"  as  used  in 
this  chapter  includes  every  description  of  word, 
letter,  device,  emblem,  stamp,  imprint,  brand, 
printed  ticlvet,  label,  or  wrapper  usually  affixed 
by  any  mechanic,  manufacturer,  druggist,  mer- 
chant, or  tradesman,  to  denote  any  goods  to  be 
goods  imported,  manufactured,  produced,  com- 
pounded, or  sold  by  liim,  other  than  any  name, 
word  or  expression  generally  denoting  any  goods 
to  be  of  some  particular  class  or  description. 

§  3197.  Any  person  may  record  any  trade 
mark  or  name  by  filing  with  the  Secretary  of 
State  his  claim  to  the  same,  and  a  copy  or  de- 
scription of  such  trade  marlv  or  name,  with  his 
affidavit  attached  thereto,  certified  to  by  any  offi- 
cer authorized  to  take  acknowledgments  of  con- 
veyances, setting  fortli  that  he  (or  the  firm  or 
corporation  of  whicli  he  is  a  member")  is  the  ex- 
clusive owner,  or  agent  of  the  owner,  of  sucli  ti-ade 
mark  or  name.  [Amendment  approved  March  12, 
1885. 1 

§  3198.  The  Secretary  of  State  must  keep  for 
public  examination  a  record  of  all  trade  marks, 
or  names  filed  in  tlie  office,  with  the  date  when 
filed  and  name  of  claimant;  and  must  at  the  time 
of  filing  collect  from  such  claimant  a  fee  of  three 
dollars  in  gold  coin,  to  be  paid  into  tlie  State  Li- 
brary Fund. 

Stats.  1803,  155. 


§§  3199-3201  Trade   Marks.  64R 

§  3199.  Any  person  who  has  first  adopted  and 
used  a  trade  mark  or  name,  whether  within  or 
beyond  the  limits  of  this  State,  is  its  original  own- 
er. Such  ownership  may  be  transferred  in  the 
same  manner  as  personal  property  and  is  entitled 
to  the  same  protection  by  suits  at  law;  and  any 
Court  of  competent  jurisdiction  may  restrain,  by 
injunction,  any  use  of  trade  marks,  or  names  in 
violation  of  this  chapter.  [Amendment  approved 
March  12,  1885.] 

§  3200.  Any  trade  union,  labor  association,  or 
labor  organization,  organized  and  existing  in  this 
State,  whether  incorporated  or  not,  may  adopt  and 
use  a  trade  mark  and  affix  the  same  to  any  goods 
made,  produced  or  manufactured  by  the  mem- 
bers of  such  trade  union,  labor  association,  or 
labor  organization,  or  to  the  box.  cask,  case,  or 
package  containing  such  goods,  and  may  record 
such  trade  mark  by  filing  or  causing  to  be  filed 
with  the  Secretary  of  State  its  claim  to  the  same, 
and  a  copy  or  description  of  such  trade  marlv, 
with  the  affidavit  of  the  President  of  such  trade 
union,  labor  association,  or  labor  organization, 
certified  to  by  any  officer  authorized  to  talce  ac- 
knowledgments of"  conveyances,  setting  forth  that 
the  trade  imion,  labor  association,  or  labor  organ- 
ization of  whicli  he  is  the  President  is  the  ex- 
clusive owner,  or  agent  of  the  owner,  of  such 
trade  mark;  and  all  the  provisions  of  article  three, 
chapter  seven,  title  seven,  part  three,  of  the  Po- 
litical Code,  are  hereby  made  applicable  to  such 
trade  mark.     [Approved  March  IT,  1889.] 

§  3201.  The  President  or  other  presiding  offi- 
cer of  any  trade  union,  labor  association,  or  labor 
organization,  organized  and  existing  in  this  State, 
whicli  shall  have  complied  with  the  provisions  of 
the  preceding  section,  is  hereby  authorizerl  and 
empowered  to  commence  and  prosecute  in  liis 
own  name  any  action  or  proceedings  lie  may  deem 
necessary  for  the  protection  of  any  trade  mark 
adopted  or  in  use  under  the  provisions  of  the  pre- 
ceding section,  or  for  the  protection  or  enforce- 
ment of  any  riglits  or  powei's  wliicli  may  accrue  to 
such  trade  union,  labor  association,  or  labor  or- 
ganization by  the  use  or  .adoption  of  said  trade 
mark.     [Approved  March  17,   1889.] 


tj47  Weights  and  Measures.  §§  3209,3210 

CHAPTER  VIII. 

WEIGHTS  AND  MEASURES. 

§  3209.  The    standard    of    weights    and    measures. 

§  3210.  The    unit    of   extension. 

§  3211.  Division  of  the  yard. 

§  3212.  The   rod,    the   mile,    and   the   chain. 

§  3213.  The  acre. 

§  3214.  The  unit  of  weights. 

§  3215.  Division    of   the   pound. 

§  321fi.  Unit   of   liquid   measures. 

§  3217.  The  barrel,   the  hogshead. 

§  3218.  Unit  of  solid  measure. 

§  3219.  Division  of  the  half  bushel. 

§  3220.  Division    of    capacity    for    commodities. 

§  3221.  Heap  measure. 

§  3222.  Contracts    construed   accordingly. 

§  3223.  Weights    of   bushels   ot  various   products. 

§  3209.  The  standard  weights  and  measures 
now  in  charge  of  the  Secretary  of  State  being  the 
same  that  were  furnished  to  tliis  State  by  the 
Government  of  the  United  States,  and  consisting 
of  ore  standard  yard  measure;  one  set  of  stand- 
ard weights,  comprising  one  troy  pound,  and  nine 
avoirdupois  weights  of  one,  two,  tliree,  four,  five, 
ten,  twenty,  twenty-five,  and  fifty  pounds,  re- 
spectively; one  set  of  standard  troy  ounce  weights, 
divided  decimally  from  ten  ounces  to  the  one  ten 
thousandths  of  an  ounce;  one  set  of  standard  li- 
quid capacity  measures,  consisting  of  one  wine 
gallon  of  two  hundred  and  thirty-one  cubic  inches, 
one  half-gallon,  one  quart,  one  pint,  and  one  half 
pint  measure;  and  one  standard  half  bushel,  con- 
taining one  thousand  and  seventy-five  cubic  inch- 
es and  twenty-one  hundredtlis  of  a  cubic  inch,  ac- 
cording to  the  inch  hereby  adopted  as  the  stand- 
ard, are  the  standards  of  weiglits  and  measures 
throughout  the  State. 

Basis  of  section:   Stats.   1861,   p.  86. 

Sealers  of  Weights  and  Measures:  Penal  Code, 
sees.  561-567. 

False  weights  and  measures:  Penal  Code,  sees. 
552-555. 

§  3210.  The  standard  yard  is  the  unit  or  stand- 
ard measure  of  length  and  surface  from  which  all 


g§  3211-3218  Weights  aud  Measures,  648 

other  measures  of  extension,  whether  lineal,   su- 
perficial, or  solid,  are  derived  and  ascertained. 

§  3211.  The  yard  is  divided  into  three  equal 
parts,  called  feet,  and  each  foot  into  twelve  equal 
parts,  called  inches;  for  measures  of  cloths  and 
other  commodities  commonly  sold  by  the  yard,  it 
may  be  divided  into  halves,  quarters,  eighths,  and 
sixteenths. 

§  3212.  The  rod,  pole,  or  perch,  contains  five 
and  a  half  yards,  aud  the  mile  one  thousand  seven 
hundred  and  sixty  yards;  the  chain  for  measur- 
ing land  is  twenty-two  yards  long,  and  divided 
into  one  hundred  equal  parts,  called  linlis. 

§  3213.  The  acre  for  land  measure  must  be 
measured  horizontally,  and  contjiins  ten  square 
chains,  and  is  equivalent  in  area  to  a  rectangle 
sixteen  rods  in  length  and  ten  in  breadth;  six  hun- 
dred and  forty  acres  being  contained  in  a  square 
mile. 

§  3214.  The  standard  avoirdupois  and  troy 
weights  are  the  units  or  standards  of  weight  from 
Avhich  all  other  weights  are  derived  and  ascer- 
tained. 

§  3215.  The  avoirdupois  pound,  which  bears 
to  the  troy  pound  the  ratio  of  seven  thousand  to 
five  thousand  seven  hundred  and  sixty,  is  divided 
into  sixteen  equal  parts,  called  ounces;  the  hun- 
dred weight  consists  of  one  hundred  avoirdupois 
pounds,  and  twenty  hundred  weight  constitute  a 
ton.  The  troy  ounce  is  equal  to  the  twelfth  part 
of  the  troy  pound. 

Basis  of  section:  Stats.  1861,  p.  86. 

§  3216.  The  standard  gallon  and  its  parts  are 
the  units  or  standards  of  measure  of  capacity  for 
liquids,  from  which  all  other  measures  of  liquids 
are  derived  and  ascertained. 

§  3217.  The  barrel  is  equal  to  thirty-one  and  a 
half  gallons,  and  two  barrels  constitute  a  hogs- 
head. 

§  3218.  The  standard  half  bushel  is  the  unit 
or  standard  measure  of  capacity  for  substances 


649  Weights  and  Measures.  §§  3219-3223 

other  than  liquids,  from  which  all  other  measures 
of  such  substances  are  derived  and  ascertained. 

§  3219.  The  peck,  half  pecli,  quarter  peck, 
quart,  and  pint  measures  for  measuring  commo- 
dities other  than  liquid  are  derived  from  the  half 
bushel  by  successively  dividing  that  measure  by 
two. 

§  3220.  The  measures  of  capacity  for  coal, 
ashes,  marl,  manure,  Indian  corn  in  the  ear,  fruit, 
and  roots  of  every  kind,  and  for  all  other  commo- 
dities commonly  sold  by  heap  measure,  are  the 
half  bushel  and  its  multiples  and  subdivisions; 
and  the  measures  used  to  measure  such  commo- 
dities must  be  made  cylindrical,  with  plane  and 
even  bottom,  and  must  be  of  the  following  diam- 
eters from  outside  to  outside:  the  bushel,  nineteen 
and  a  half  inches;  half  bushel,  fifteen  and  a  half 
inches,  and  the  peck,  twelve  and  a  third  inches. 

§  3221.  All  commodities  sold  by  heap  measure 
must  be  duly  heaped  up  in  the  form  of  a  cone; 
the  outside  of  the  measure,  by  which  the  same  are 
measured,  to  be  the  limit  of  the  base  of  the  cone, 
and  such  cone  to  be  as  high  as  the  article  will  ad- 
mit. 

§  3222.  Contracts  made  within  this  State  for 
work  to  be  done,  or  for  anything  to  be  sold  or 
delivered  by  weight  or  measure,  must  be  con- 
strued according  to  tlie  foregoing  standards. 

Basis  of  section— and  of  next:  Stats.  1861,  p.  86. 

§  3223.  Whenever  wheat,  rye,  Indian  corn,  bar- 
ley, buckwheat,  or  oats,  are  sold  by  the  bushel, 
and  no  special  agreement  as  to  the  weight  or 
measurement  is  made  by  the  parties,  the  bushtl 
consists  of  sixty  pounds  of  wheat,  of  fifty-four 
pounds  of  rye,  of  fifty-two  pounds  of  Indian  corn, 
of  fifty  pounds  of  barley,  of  forty  pounds  of  buck- 
wheat, and  of  thirty-two  pounds  of  oats. 
Pol.  Code— 55. 


§§  3233-3235      Labor  and  Material.  650 

CHAPTER  IX. 

LABOR    AND    MATERIAL    ON    PUBLIC    BUILDINGS. 

§  3233.     Labor  must  be  done  by  day's  work. 

§  3234.    Material   must  be  furnished   by   contract. 

§  3235.    Product   of   Mongolian   labor. 

§  3233.  All  work  done  upon  the  public  build- 
ings of  this  State  must  be  done  under  the  super- 
vision of  a  Superintendent,  or  State  officer  or  offi- 
cers having  charge  of  the  worli:  and  all  labor  em- 
ployed on  such  buildings,  whether  sliilled  or  un- 
skilled, must  be  employed  by  the  day,  and  no 
work  upon  any  of  such  buildings  must  be  done 
by  contract. 

Acts  relating  to  public  works:  See  General 
Laws,  title  "Public  Works." 

§  3234.  All  materials  to  be  used  on  any  of  the 
public  buildings  must  be  furnished  by  contract, 
in  accordance  with  the  plans  and  specifications 
aud  proposals  therefor. 

Basis  of  section:   Stats.   1870,   p.   777. 

Erection  of  public  buildings  and  structures  by 
contract — plans,  specifications  and  proposals: 
Stats.  1S72,  p.  925;  but  see  later  act  to  regulate 
such  contracts,  in  Stats.  1876,  p.  427.  and  repeal- 
ing clause  of  same.  See  also  General  Laws,  title 
"I'ublic  Works." 

§  3235.  No  supplies  of  any  kind  or  character, 
"for  the  benefit  of  the  State,  or  to  be  paid  for  by 
any  moneys  appropriated  or  to  be  appropriated  by 
the  State,"  manufactured  or  grown  in  this  State, 
whicli  are  iu  whole  or  in  part  the  product  of  Mon- 
golian labor,  sliall  be  purchased  by  the  officials 
for  the  State  having  the  control  of  any  public  in- 
stitution under  the  control  of  the  State,  or  of  any 
couutv.  citv  and  countv.  citv.  or  town  thereof. 
[In  effect  March  17,  1887.] 


651  Hours  of  Labor.  §§  3244-3246 

CHAPTER  X. 

HOURS    OF    LABOR. 

§  3244.  Eight  hours  a  day's  work. 

§  3245.  Same,   on  public  works. 

'  §  3246.  Twelve  hours  on  street  ears. 

§  3247.  Preference   in   purchase  of  supplies. 

§  3248.  Repealed. 

§  3249.  Preference    in    purchase   of   supplies.    ' 

]  .'  §  3250.  Hours   of   labor   on   street   cars. 

§  3244.  Eight  lioxii's  of  labor  constitute.s  a 
(lay's  work,  unless  it  is  otherwise  expressly  stipu- 
lated by  the  parties  to  a  contract,  except  those 
contracts  within  the  provisions  of  sections  tliree 
thousand  two  hundred  and  forty-six,  three  thou- 
sand two  hundred  and  forty-seven,  and  three 
thousand  two  hundred  and  forty-eight  of  this 
Code.     [In  effect  March  11,  1887.] 

Basis  of  chapter:  Stats.  1863,  p.  63. 

Requiring  wards  or  apprentices  to  work  more 
than  eight  hours — is  misdemeanor:  Penal  Code, 
sec.  651. 

Act  regulating  minimum  compensation  on  pub- 
lic works:  See  General  Laws,  title  "Public 
M'orksr 

§  3245.  Eight  hours'  labor  constitute  a  legal 
day's  work  in  all  cases  -where  the  same  is  per- 
formed under  the  authority  of  any  law  of  this 
State,  or  under  the  direction,  control,  or  by  the 
authority  of  any  officer  of  this  State  acting 
In  his  official  capacity,  or  under  the  direction,  con- 
trol, or  by  the  authority  of  any  municipal  corpo- 
ration within  this  State,  or  of  any  officer  thereof 
acting  as  such;  and  a  stipulation  to  that  effect 
must  be  made  a  part  of  all  contracts  to  whicli 
the  State  or  any  municipal  corporation  therein  is 
a  party. 

Eieht  hours'  labor  a  legal  day's  work— on  all 
public  works:  Const.  Cal..  1S79.  ai-t.  20,  sec.  17. 

§  3246.  Twelve  hours'  labor  constitutes  a 
day's  work  on  the  iKirt  of  drivers  and  conductors, 
and  gripmen  of  street  cars  for  tlie  carriage  of 
passengers.  Any  contract  for  a  greater  number 
of  hours'  labor  in  one  day  shall  be  and  is  void,  at 


§§  :^247-3250         Hours  of  Labor.  652 

the  option  of  the  employee,  without  regard  to  the 
terms  of  employment,  whether  the  same  be  by  the 
hour,  clay,  week,  month,  or  any  other  period  of 
time,  or  by  or  according  to  the  trip  or  trips  that  the 
car  may,  might,  or  can  make  between  the  termini 
of  the  route,  or  any  less  distance  thereof.  Any  and 
every  person  laboring  over  twelve  hours  in  one 
day  as  driver,  or  conductor,  or  gripman,  on  any 
street  railroad,  shall  receive  from  his  employer 
thirty  cents  for  each  hour's  labor  over  twelve 
hours  in  each  day.     [In  effect  March  11,  1889.] 

§  3247.  Any  person,  committee,  board,  officer, 
or  any  other  person  charged  with  the  purchase,  or 
permitted  or  authorized  to  purchase  supplies, 
goods,  wares,  merchandise,  manufactures  or  pro- 
duce, for  the  use  of  the  State,  or  of  any  of  its 
institutions  or  offices,  or  for  the  use  of  any  county 
or  consolidated  city  and  county,  or  city,  or  town, 
shall  always,  price,  fitness,  and  quality  equal,  pre- 
fer such  supplies,  goods,  wares,  merchandise, 
manufactures  or  produce  as  has  been  grown, 
manufactured,  or  produced  in  this  State,  and  shall 
next  prefer  such  as  have  been  partially  so  manu- 
factured, grown,  or  produced  in  this  State.  All 
State,  county,  city  and  county,  city  or  town  offi- 
cers, all  boards,  commissions,  or  other  persons 
charged  ■nitli  advertising  for  any  such  supplies 
shall  state  in  their  advertisement  that  such  pref- 
erences will  be  made.  In  any  such  advei*tlsement 
no  bid  shall  be  asked  for  any  article  of  a  specific 
brand  or  mark  nor  any  patent  apparatus  or  ap- 
pliances. Avhen  such  requirement  would  prevent 
proper  competition  on  the  part  of  dealers  in  otlier 
articles  of  equal  value,  utility,  or  merit.  [New 
section  approved  March  27,  1897;  Amendments 
1897,  cliap.  cxlix.] 

§  3248.  [Repealed  April  1.  1897:  Amendments 
1897,  cliap.  cclxvii.     In  effect  immediately.] 

§  3249.  The  provisions  of  sections  three  thou- 
sand two  Imndred  and  forty-seven  and  tliree  tliou- 
sand  two  hundred  and  forty-eiglit  of  tliis  Code 
are  applicable  to  every  contract  to  labor  made  by 
the  persons  named  in  section  three  thousand  two, 
hundred  and  forty-six.     [In  effect  March  11.  1887.] 

§  3250.  No  person  shall  be  employed  as  con- 
ductor, or  driver,  or  gripman,  on  any  street  rail- 


§  3348  was  not  repealed.     See  Stats.   1897, 
437,  repealing  §  3438. 

§  3248.  In  actions  under  section  three  thousand 
two  hundred  and  forty-six  of  tliis  code  the  com- 
plaint may  be  in  the  following  form:  Title  of  case 
and  venue.  Plaintiff  complains  of  defendant,  and 
for  cause  of  action  states:  That  between  (stating 
first  and  last  dates)  he  worked  for  defendant  as 
conductor,  driver,  or  gripman,  on  defendant's 
street  railroad  in  (stating  place),  for  (stating  num- 
ber of  days),  at  the  agreed  rate  of  (stating  price) 
per  clay,  week,  or  month  and  for  such  labor  de- 
fendant has  paid  plaintiff  the  sum  of  (stating  sum 
due),  due  plaintiff  from  defendant  for  said  labor. 
Tlie  plaintiff  further  states  that  during  the  said 
period  of  time  he  worked  for  defendant  as  such 
(conductor,  driver,  or  gripman),  on  sundry  days, 
and  performed  (stating  number  of  hours)  hours' 
work  in  excess  of  twelve  hours  in  one  day.  for 
which  there  is  due  plaintiff  from  defendant  the 
sum  of  (statins  the  sum  due)  and  costs.  Signed 
.     [In  effect  March  11,  1887.] 


653  Time.  §§  3255-3257 

road,  for  more  than  twelve  hours  iu  one  day,  ex- 
cept as  iu  this  act  provided;  and  any  corporation, 
or  company,  or  owner,  or  ageut,  or  Superintend- 
ent, wlio  linowingly  employs  any  person  in 
such  capacity  for  uiiore  than  twelve  hours  in  one 
day,  in  violation  of  the  terms  of  this  Act,  shall 
forfeit  the  sum  of  fifty  dollars  as  a  penalty  for 
such  offense,  to  the  use  of  the  person  prosecuting 
any  action  therefor,  and  any  number  of  forfeits 
may  be  prosecuted  in  one  action.  [In  effect  March 
11,   1887.] 


CHAPTER  XI. 

TIME. 

§  3255.  Time,   how   computed. 

S  3256.  Leap   year. 

§  3257.  The  year  and   its  parts. 

§  3258.  The  week. 

§  3259.  The  day. 

§  3260.  "Day-time,"    and    "night-time"    defined. 

§  3255.  Time  is  computed  according  to  the 
Gregorian  or  new  style;  and  the  first  day  of  Jan- 
uary in  every  year  passed  since  seventeen  hun- 
dred and  fifty-two,  or  to  come,  must  be  reclioned 
as  the  first  day  of  the  year. 

Computation  of  time:  Sec.  12. 

Time  when  statute  takes  effect:  Sec.  323. 

§  3256.  The  several  years  one  thousand  nine 
hundred,  two  thousand  one  hundred,  two  thou- 
sand two  hundred,  two  thousand  three  hundred, 
or  any  other  future  hundredth  year,  of  which  the 
year  two  thousand  is  the  first,  except  only  every 
fourth  hundredth  year,  are  not  leap  years,  but 
common  years  of  three  hundred  and  sixty-five 
days;  and  the  years  two  thousand,  two  thousand 
four  hundred,  two  thousand  eight  hundred,  and 
every  other  fourth  hundredth  year  from  the  year 
two  thousand,  inclusive,  and  also  every  fourth 
.vear,  except  as  above  mentioned,  which,  by  usage, 
in  this  State  is  considered  a  leap  year,  is  a  leap 
year  consisting  of  three  hundred  and  sixty-six 
days. 

§  3257.  The  term  "year"  means  a  period  of 
three  hundred  and   sixtj'-five  days:  a  half  year, 


§§  3268-3274         Money  of  Account.  654 

one  hundred  and  eighty-two  days;  a  quarter  of  a 
year,  ninety-one  days,  and  the  added  day  of  a 
leap  year,  and  the  day  immediately  preceding,  if 
they  occur  in  any  such  period,  must  be  reckoned 
together  as  one  day. 

Fiscal  year,  act  providing  for  change  of:  See 
act  approved  Mach  26,  1895;  Stats.  1895,  ch.  139. 

§  3258.  A  week  consists  of  seven  consecutive 
days. 

§  3259.  A  day  is  the  period  of  time  between 
any  midnight  and  the  midnight  following. 

^'raction  of  day— regarded  when  important:  Sec. 
12  n. 

§  3260.  "Day-time"  is  the  period  of  time  be- 
tween '"sunrise"'  and  ".sunset,"  and  "night-time" 
is  the  period  of  time  between  "sunset"  and  "sun- 
rise." 


CHAPTEK  XII. 

MONEY   OF  ACCOUNT. 

s  3272.     Money  of  Account. 

I  3273.     Limitation  on  preceding  section. 

§  3274.    Amount,  how  stated  in  judgments,  etc. 

§  3272.  The  money  of  account  of  this  State  is 
the  dollar,  cent,  and  mill.  Public  accounts  and 
all  proceedings  in  Courts  must  be  kept  and  had 
in  conformity  to  this  regulation. 

Basis  of  chapter:  Stats.  1850,  p.  459. 

Specified  kind  of  money  or  currency— judgment 
when  action  on  contract  or  obligation  paj'able  in: 
Code   Civ.    Proc,    sec.   667. 

§  3273.  The  provisions  of  the  preceding  sec- 
tion do  not  vitiate  or  affect  any  account,  charge, 
or  entry  originally  made,  or  any  note.  l)ond,  or 
other  instrument,  expressed  in  any  other  money 
of  account;  but  the  same  must  be  reduced  to  dol- 
lars, or  parts  of  dollars,  in  any  suit  thereupon. 

§  3274.  In  judgments  and  executions  the 
amount  thereof  must  be  computed  and  stated  as 
near  as  may  be  in  dollars  and  cents,  rejecting 
fractions. 


G55 


Auctioneers. 

§§  3284,3285 

CHAPTER  XIII. 

AUCTIONS. 

Icle  I. 
II. 

in. 

Auctioneers. 
Regulations    Respecting 
Frauds   and   Penalties. 

ARTICLE    I. 

AUCTIONEERS. 

Sales. 

§  3284.  Who    may   become    auctioneers,    and    how. 

§  3285.  The  bond,    sureties,    approval,    and    filing. 

§  3286.  Government    goods    are    exempt. 

§  3287.  Original    application,    how    classified. 

§  3288.  Renewal   of   license. 

§  3289.  Renewal,   for  how  long;  exceeding  class  by  sales. 

S  3290.  Not   to   transfer    license. 

§  3291.  Auctioneers  ex   officio. 

§  3292.  Assistant,  who  may  act  and  when. 

§  3284.  Any  citizen  of  this  State  may  become 
an  auctioneer  for  the  county  in  wliicli  he  resides, 
and  is  authorized  to  fjell  real  and  personal  proper- 
ty at  public  auction,  on  giving  a  bond  in  accord- 
ance witli  tlie  provisions  of  this  article  for  the 
faithful  performance  of  his  duties,  and  on  the 
payment  of  the  license  therefor. 

Basis  of  section:   Stats.   1859.   p.  352. 

Auctioneer— authority  of  Civil  Code:  Sees.  2362, 
2363;  illegally  acting  as,  is  misdemeanor.  Penal 
Code,  sec.  436. 

Sale  by  aiiction:  Civ.  Code,  sees.  1792-1798;  of  de- 
linquent stock.  Civ.  Code,  sec.  341  et  seq.;  of 
pledged  property,  Civ.  Code,  sec.  3005;  moclv  auc- 
tions, punisliment  and  forfeitiire  of  license  for. 
Penal  Code,  sec.  5.35. 

§  3285.  The  bond  must  be  conditioned  to  be 
paid  to  the  people  of  the  State  of  California,  with 
one  or  more  sureties,  in  the  sum  of  five  thousand 
dollars,  and  approved  by  the  .ludge  of  the  Supe- 
rior Court  of  the  county  in  which  the  auctioneer 
proposes  to  do  business,  and  must  be  filed  in  the 
office  of  the  County  Clerk  of  the  County.  [Amend- 
ment approved  April  3.  1880;  Amendments  1880, 
p.  23.     In  effect  April  3,  1880.] 


§§  3286-3290  Auctioneers.  656 

Section  founded— before  amdt.  1880  (which  sub- 
stituted Judge  of  Superior  Court  for  County 
Judge)  on  Stats.  1859,  p.  352. 

§  3286.  No  auctioneers'  license  is  required  for 
tlie  selling  of  any  goods  at  public  sale  belonging 
to  the  United  States,  or  to  this  State,  or  for  the 
sale  of  property  by  virtue  of  any  process  issued 
by  any  State  or  Federal  Court. 

Basis  of  section:  Stats.  1859,  p.  354. 

§  3287.  Every  original  application  for  auction- 
eers' license  must  be  accompanied  with  a  verified 
statement  of  the  amount  of  sales  proposed  to  be 
made  monthly,  and  the  license  charge  must  be 
for  the  first  quarter  classified  tliereby. 

Carrying  on  business  without  a  license — is  mis- 
demeanor:  Penal   Code,   sec.  435. 

Amount  of  license— for  various  classes  of  auc- 
tioneers, sec.  3376. 

§  3288.  Every  auctioneer  applying  to  the  Tax 
Collector  for  a  renewal  of  his  license  must  ac- 
company the  application  with  a  statement,  under 
oath,  setting  forth  that  his  average  receipts  per 
moutli  on  account  of  sales  during  the  preceding 
quarter  did  not  exceed  tlie  amount  specified  in 
the  class  of  license  for  which  he  applies.  The 
Tax  Collector  must  provide  blanli  forms  of  affi- 
davit for  that  purpose,  and  administer  the  oath 
required  to  such  applicants  without  charge. 

Basis  of  section:  See  sec.  3286  n. 

§  3289.  After  the  first  quarter  licenses  may  be 
issued  for  the  class  fixed  for  a  term  not  exceed- 
ing one  year,  at  the  option  of  the  auctioneer.  No 
auctioneer  must  exceed  the  amount  of  sales  of  the 
class  in  which  his  license  is  fixed.  For  every  vio- 
lation of  this  section,  in  addition  to  the  criminal 
penalty,  the  auctioneer  forfeits  two  hundred  and 
fifty  dollars. 

Basis   of   section:    Stats.   1861,    p.   446. 

Penalties— recovery  and  disposition  of:  See  sec. 
3323. 

§  3290.  No  auctioneer  is  permitted  to  transfer 
bis  license  to  any  other  person  for  any  part  of 
the  Time  for  which  his  license  is  Issued;  nor  is  any 


657  Sales.  §§  8291-3302 

auctioneer  permitted  to  use  liis  license  for  the 
purpose  of  transacting  an  auction  business  in 
more  than  one  store  or  specified  place  of  business. 

Basis  of  section— and  next:  See  sec.  3286  n. 

More  than  one  place:  See  sec.  33uz. 

§  3291.  In  any  city  or  town  where  there  is  no 
auctioneer,  the  Sheriff  or  a  Constable  thereof  is 
ex  officio  auctioneer,  and  is  permitted  to  sell  any 
property,  real  or  personal,  at  public  auction;  and 
for  any  delinquency  as  such  ex  officio  auctioneer 
he  is  liable  on  his  official  bond. 

§  3292.  Every  auctioneer,  in  case  of  inability 
to  attend  an  auction  by  reason  of  sicliness,  or  the 
perform.ance  of  any  duty  imposed  upon  him  by 
law,  or  during  a  temporary  absence  from  the  city 
or  county  within  which  he  is  auctioneer,  may  em- 
ploy a  copartner  or  clerk  to  hold  such  auction  in 
his  name  and  belialf,  such  employee  to  talje  and 
file  with  the  Clerlj  of  the  county  an  affidavit  faith- 
fully to  perform  the  duties  of  auctioneer.  But 
any  auctioneer  may  employ  a  crier  at  any  sale, 
for  Avhose  acts  he  shall  be  responsible.  [Amend- 
ment approved  March  30,  1874;  Amendments 
1873-4,  p.   136.     In  effect  March  30.   1874.] 

Amendment  1874— added  last  sentence  to  sec- 
tion. 


ARTICLE  II. 

REGULATIONS    RESPECTING    SALES. 

§  3302.  Auctioneers  to  designate  places  of  business. 

§  3303.  To   sell  at   no   other  place. 

§  3304.  Power  of  city  authorities. 

§  3305.  Book  for  live  stock. 

§  3306.  Book   of   sales. 

§  3307.  Advertisement  of  auction  sales  in  San  Francisco. 

§  3308.  Evening  sales  in  San  Francisco  and   Sacramento. 

§  3309.  Commissions,   and   penalty   of   overcharge. 

§  3310.  Quarterly  report  of  sales. 

§  3302.  No  auctioneer  in  any  city  of  this  State 
must  have  at  one  time  more  than  one  place  for 
holding  auction:  and  every  sucli  auctioneer,  be- 
fore acting  as  such,  must  file  with  the  Cleric  of 
the  county  in  wliicli  such  city  is  situated  a  writing 
signed  by  him  designating  such  place,  and  nam- 


§§  3303-3308  Sales.  658 

ing  therein  the  partners,  if  any,  engaged  with  him 
in   business. 

§  3303.  No  auctioneer  must  expose  to  sale  any 
articles  at  any  other  place  than  that  so  desig- 
nated, except  goods  sold  in  original  packages  as 
imported,  household  furniture,  and  such  bulky 
articles  as  have  usually  been  sold  in  warehouses, 
or  in  the  public  streets,  or  on  the  wharves. 

§  3304.  The  Common  Council  or  other  corres- 
ponding authority  of  each  city  may  designate  such 
place  or  places  therein  for  the  sale  by  auction  of 
horses,  carriages,  and  household  furniture,  as 
they  deem  expedient. 

§  3305.  Every  auctioneer  who  sells  any  ani- 
mal of  the  horse  kind,  or  any  mules,  must  keep  a 
book,  in  which  he  must  register  the  name  of  each 
and  every  person  bringing  or  offering  any  horse 
or  mule  to  be  sold,  and  the  name  of  the  person 
purchasing  such  horse  or  mule,  together  with  the 
date  of  such  sale,  and  a  description  of  each  horse 
or  mule  sold,  together  witli  the  marks  and 
brands.  The  book  is  a  public  record,  subject  to 
the  inspection  of  any  person  desiring  to  inspect 
the  same. 

Basis  of  section— and  of  next:  Stats.  1859,  pp. 
354,  355. 

§  3306.  Each  auctioneer  must  keep  a  book,  in 
which  he  must  enter  all  sales,  showing  the  name 
of  the  owner  of  the  goods  sold,  to  whom  sold,  and 
the  amount  paid,  and  the  date  of  each  sale, 
which  book  must  at  all  times  be  open  for  the  in- 
spection of  any  person   interested  therein. 

§  3307.  Every  auctioneer  in  the  City  of  San 
Francisco  must,  luider  his  own  name,  give  pre- 
vious notice  in  one  or  more  of  the  public  news- 
papers printed  in  that  city  of  every  auction  sale 
made  by  him;  and  in  case  he  is  connected  with 
any  person  or  firm,  his  name  must  in  all  cases 
precede,  separately  and  individually,  the  name  of 
such  person  or  the  title  of  the  firm. 

§  3308.  .\]1  sales  of  goods  by  public  auction  in 
the  cities  of  San  Francisco  and  Sacramento  must 
be  made  in  the  day-time,  between  sunrise  and 
sunset,  excepting: 


659  Frauds.  §§  3309-3322 

1.  Books,  prints,  or  paintings; 

2.  Goods  sold  in  the  original  paclsage  as  im- 
ported, according  to  a  printed  catalogue,  of 
wtiicli  samples  must  have  been  opened  and  ex- 
posed to  public  inspection  at  least  one  day  pre- 
vious to  the  sale. 

§  3309.  No  auctioneer  must  demand  or  receive 
a  higher  compensation  for  liis  services  than  a  com- 
mission of  one  per  cent  on  the  amount  of  any 
sales,  public  or  private,  made  by  him,  unless  by 
virtue  of  a  previous  agreement  in  writing  between 
him  and  the  owner  or  consignee.  Every  auctioneer 
who  violates  this  section,  in  addition  to  the  crim- 
inal penalty,  forfeits  to  the  party  aggrieved  two 
hundred  and  fifty  dollars,  and  must  refund  the 
excess  of  charge. 

§  3310.  Every  auctioneer  must  quarterly 
make  to  tlie  County  Auditor  a  report,  under  oath, 
showing: 

1.  The  aggregate  amount  of  auction  sales  made 
by  him  for  the  preceding  quarter,  designating  the 
months  and  the  amount  for  each  month; 

2.  The  days  of  each  montli  on  which  auction 
sales  were  made,  and  the  character  of  property 
sold  by  him  during  each  month; 

3.  The  amount  of  all  private  sales  made,  and 
the  day  on  which  they  were  made; 

4.  A  statement  of  any  partner,  clerk,  or  other 
employee  connected  with  him  in  his  business,  and 
what  sales,  if  any,  have  been  conducted  by  them, 
and  why;  and 

5.  The  particular  place  where  his  business  is 
conducted. 

False  report — or  neglect  to  make  any  report, 
penalty  for:  Sec.  8322. 


ARTICLE  III. 

FRAUDS     AND     PENALTIES. 

§  3322.    Penalty  for  not  reporting,   or  reporting  falsely. 
§  3323.    Penalties,   how  recovered,  and   for   what. 
§  3324.    Action   on  bond. 

§  3322.  For  every  false  report  made,  and  for 
every  neglect  to  make  the  report  required  in  the 
preceding  article,  the  auctioneer  thereby  forfeits 


§§  3323-3335      Fires   and    Firemen.  660 

the  sum  of  tAvo  hundred  and  fifty  dollars,  to  be 
recovered  on  his  bond. 

Fenal  provisions— concerning  auctions:  See  Pe- 
nal Code.  sees.  436,  535. 

§  3323.  The  i^enalties  imposed  by  the  pro- 
visions of  this  chapter,  not  otherwise  appropri- 
ated, must  be  prosecuted  for  by  the  District  At- 
torney of  the  proper  county,  the  moneys  recov- 
ered to  be  paid  to  the  County  Treasurer  for  the 
use  of  the  General  Fund  of  the  county. 

§  3324.  Any  one  aggrieved  or  damaged  by  any 
act  of  an  auctioneer,  in  violation  of  or  contrary 
to  the  provisions  of  this  chapter,  has  an  action 
against  him  and  his  bondsmen  on  his  official  bond 
therefor. 


CHAPTER  XIV. 

FIRES     AND     FIREMEN. 

§  3335.  Fire  companies,  how  organized. 

§  3330.  To  elect  officers  and  adopt  by-laws. 

§  3337.  Firemen,   what   exempt  from. 

§  3338.  Exempt  certificate,   by  and  to  whom  issued. 

§  3339.  County  Clerk  may  issue  exempt  certificates,   when. 

§  3340.  Seal  of  department,  who  to  use  and  keep. 

§  3341.  Record  and  certificate  of  exemption. 

§  3342.  Duties  of  Chief  of  Fire  Department. 

§  3343.  Chief  to  attend  fires  and  preserve  property. 

§  3344.  Setting  woods  on  fire. 

§  3345.  Extinguishing  fire  in  woods. 

§  3335.  Fire  companies  in  incorporatetl  cities 
and  towns  are  formed  and  organized  under  spe- 
cial laws,  or  under  authority  confen-ed  upon  the 
city  or  town  government.  Those  in  incorporated 
towns  and  villages  are  organized  by  filing,  with 
the  i-ecorder  of  the  county  in  which  they  are  lo- 
cated, a  certificate  in  writing,  signed  by  the 
foreman  or  presiding  officer  and  Secretary,  set- 
ting forth  the  date  of  the  organization,  name,  of- 
ficers, and  roll  of  active  and  honorary  members, 
which  certificate  .'ind  filing  must  be  renewed  every 
six  months.  There  shall  not  be  allowed  to  any 
such  cities,  towns,  or  villages,  more  than  one 
company  for  each  one  thousand  inhabitants:  but 
one  company  shall  be  allowed  in  any  city,  town, 


661  Fires  and  Firemen.       §§  3336,  3337 

or  village  where  tlie  population  is  less  than  one 
thousand.  There  shall  not  be  allowed  to  any  en- 
gine company  more  than  sixty-five  certificate 
members,  to  any  hook  and  ladder  company  more 
than  sixty-five  certificate  members,  to  any  hose 
company  more  than  twenty-five  certificate  mem- 
bers. "^  [Amendment  approved  April  1,  1878; 
Amendments  1877-8,  p.  61.  In  effect  in  sixty 
days.] 

Last  two  sentences  of  section— added  by  amdt. 
1878. 

Rest  of  section— based  on  Stats.  1853,  p.  59;  1854, 
p.  42. 

Fire  Department  and  Commissioners — in  unin- 
corporated towns  and  villages,  act  providing  for: 
See  post.  Appendix,  p.  1024. 

Vacations  to  yearly  members:  See  post,  Ap- 
pendix, p.  1021. 

Premiums  by  foreign  insurance  companies  for 
benefit  of  disabled  firemen:  See  post.  Appendix,  p. 
1025. 

Exemption  of  firemen  in  certain  counties  from 
payment  of  poll  tax:    See  post,  Appendix,  p.  1029. 

Pensions  for  disabled  firemen:  See  post,  Ap- 
pendix, p.  1021. 

Exempt  firemen's  fund  and  act  for,  enrollment 
of  exeuipt  firemen:  See  post,  Appendix,  p.  1022. 

Act  relating  to  increasing  efficiency  of  depart- 
ment in  certain  cities:  See  post.  Appendix,  p.  1029. 

§  3336,  Every  such  fire  company  must  choose 
or  elect  a  Foreman,  who  is  the  presiding  officer, 
and  a  Secretary  and  Treasurer,  and  may  estab- 
lish and  adopt  by-laws  and  regulations,  and  im- 
pose penalties,  not  exceeding  five  dollars  or  ex- 
pulsion for  each  offense. 

§  3337.  The  officers  and  members  of  unpaid 
fire  companies  regularly  organized,  and  exempt 
firemen,  are  entitled  to  the  following  privileges 
and  exemptions,  viz.:  Exemption  from  payment 
of  poll  tax,  road  tax,  and  head  tax  of  every  de- 
scription; exemption  from  jury  duty;  exemption 
from  military  d\ity,  except  in  case  of  war,  in- 
vasion, or  insurrection.  [Amendment  approved 
April  1,  1878;  Amendments  1877-8,  p.  62.  In  effect 
in  sixty  days.] 

Exemption  from  taxes— added  by  amdt.  1878. 
Pol.  Code— 56. 


§§  3338-3340      Fires  and  Firemen.  662 

General  basis  of  section,  previously:  See  Stats. 
1853,  p.  60;  1854,  p.  42;  1861,  p.  585;  1862,  p.  465; 
1864,  p.  256. 

Exemption  of  firemen  in  certain  counties:  See 
posr,  Appendix,  p.  1029. 

§  3338.  Every  fireman  who  has  served  five 
years  in  an  organized  fire  company  in  this  State 
is  an  "exempt  fireman,"  and  must  receive  from 
the  Chief  Engineer  of  the  department  to  which 
he  belonged  a  certificate  to  tliat  effect.  Every 
active  fireman  must  have  a  certificate  of  that  fact, 
signed  by  the  Chief  of  the  Fire  Department  or 
the  Foreman  of  the  company  to  which  he  belongs; 
such  certificates  must  be  countersigned  by  the 
Secretary,  and  over  the  seal  of  the  company,  if 
one  is  provided.  Either  certificate  entitles  the 
holder  to  exemption  from  military  and  jury  duty. 

General  basis  of  section— same  as  of  sec.  3337 
before  amdt.  of  1878. 

False  certificate  of  exemption — issuance  is  mis- 
demeanor:  Penal  Code,  sec.  649. 

§  3339.  In  lieu  of  issuing  certificates  to  ex- 
empt firemen  by  the  Chief  of  the  Fire  Depart- 
ment, as  provided  in  the  last  section,  on  the  certi- 
ficate of  tlie  Foreman  and  Secretary  of  any  fire 
company,  or  the  Chief  of  the  Department,  pro- 
vision being  made  therefor  in  tlie  by-laws  of  the 
company,  "exempt  certificates"  may  be  issued  by 
the  Clerk  of  the  county,  over  his  official  seal  and 
signature,  which  entitles  the  holder  to  like  ex- 
emption from  military  and  jury  duty. 

Basis  of     section:  Stats.  1862,  p.  245. 

§  3340.  Every  fire  department  regularly  or- 
ganized may  adopt  a  department  seal,  having  up- 
on it  tlie  arms  of  the  State  and  the  name  of  the 
particular  fire  department  to  which  it  belongs, 
whicli  must  be  under  the  control  of  and  for  the 
use  of  the  Secretary,  and  be  by  him  affixed  to 
exempt  certificates,  certificates  of  active  member- 
ship, and  such  other  documents  as  the  by-laws 
may  provide.  The  Secretary  of  every  department 
having  a  seal  must  take  the  constitutional  oath  of 
office  and  give  such  bond  as  the  by-laws  provide 
for  the  faithful  performance  of  his  duties. 

Basis  of  section— and  of  next:  Stats.  1864,  p.  256. 


663  Fires  and  Firemen.      §§  3341-3343 

§  3341.  The  Secretary  of  the  Fire  Depart- 
ment, or  fire  company,  must  keep  a  record  of  all 
certificates  of  exemption  or  active  membership, 
the  date  thereof,  and  to  whom  issued;  and  when 
no  seal  is  provided,  similar  entries  of  certificates 
issued  to  obtain  County  Clerk's  certificates. 
Every  such  certificate  is  prima  facie  evidence  of 
the  facts  therein  stated.  [Amendment  approved 
March  30,  1874;  Amendments  1873-4,  p.  43.  In 
effect  July  6,  1874.] 

Prima  facie  evidence:  See  Code  Civ.  Proc,  sec. 
1833. 

§  3342.  The  Chief  of  every  fire  department 
must  inquire  into  the  cause  of  every  fire  occur- 
ring in  the  city  or  town  of  which  he  is  the  Chief, 
and  keep  a  record  thereof;  he  must  aid  in  the  en- 
forcement of  all  fire  ordinances  duly  enacted,  ex- 
amine buildings  in  process  of  erection,  report  vio- 
lations of  ordinances  relating  to  prevention  or 
extinguishment  of  fires,  and  when  directed  by  the 
proper  authorities,  institute  prosecutions  there- 
for, and  perform  such  other  duties  as  may  be  by 
proper  authority  imposed  upon  him.  His  com- 
pensation must  be  fixed  and  paid  by  the  city  or 
town  autlaorities. 

Basis  of  section— and  of  next:  Stats.  1864,  p. 
299. 

Extinguishment  of  fires— disobeying  orders  for, 
or  obstructing  efforts  for.  etc.,  is  misdemeanor: 
Penal  Code.  sec.  38.5. 

Compensation  of  officers  in  certain  cities:  See 
post.  Appendix,  p.  1030. 

§  3343.  Every  Chief  of  a  fire  department  must 
attend  all  fires  with  his  badge  of  oflice  conspicu- 
ously displayed;  must  prevent  injury  to,  take 
charge  of,  and  preserve  all  property  rescued  from 
fires,  and  return  tlie  same  to  the  owner  thereof  on 
the  payment  of  the  expenses  incurred  in  saving 
and  keeping  the  same,  the  amount  thereof,  when 
not  agreed  to,  to  be  fixed  by  the  Police  or  County 
.fudge. 

Property  rescued  from  fires— pimishment  for 
concealing:  Penal  Code,  sec.  .500;  involuntarv  de- 
posit of.  Civil  Code,  sec.  1815,  subd,  2,  sec.  'l816. 


§§  3344-3357  Licenses.  664 

§  3344.  Everj'  person  negligently  setting  fire  to 
his  own  woods,  or  negligently  suffering  any  fire 
to  extend  beyond  his  own  land,  is  liable  in  treble 
damages  to  the  party  injured. 

Setting  woods  on  fire — is  misdemeanor:  Penal 
Code,  sec.  884;  setting  fire  to  forests  on  public 
lands,  punishment  for.   Stats.  1872,  p.  96. 

§  3345.  Whenever  the  woods  are  on  fire,  any 
Justice  of  the  Peace,  Constable,  or  Road  Over- 
seer of  the  township  or  district  where  the  fire  ex- 
ists, may  order  as  many  of  the  inhabitants  liable 
to  road  poll  tax,  residing  in  the  vicinity,  as  may 
be  deemed  necessary,  to  repair  to  the  place  of  the 
fire  and  assist  in  extinguishing  or  stopping  it. 

CHAPTER  XV. 

LICENS|:S. 

Article  I.    General    Provisions. 

II.     Classification  and  Taxes. 


ARTICLE   1. 

GENERAL     PROVISIONS. 

§  3356.  Licenses  to  be  prepared  and  printed. 

§  3357.  Auditor  to  number,  sign  and  deliver. 

§  3358.  Auditor   to   keep   license  accounts. 

§  3359.  When  license  to  be  procured. 

§  33fi0.  Suit  against  delinquent;   damages. 

§  3331.  Tax    Collectors;    duties. 

§  3362.  Proof  on  trials. 

§  3363.  Settlements,  when  made. 

§  3364.  Fees  for  licenses. 

§  3356.  Each  County  Auditor  must  prepare  and 
have  printed  blank  licenses  of  all  classes  mention- 
ed in  this  chapter,  for  terms  of  three,  six,  and 
twelve  months,  and  for  such  shorter  terms  as  are 
herein  .authorized  to  be  issued,  with  a  blanli  re- 
ceipt attached  for  the  signature  of  the  Tax  Col- 
lector wlien  sold. 

Basis  of  section:  Stats.  1858,  p.  176;  1861,  p.  446. 

§  3357.  The  County  Auditor  must  affix  his  offi- 
rial  seal  to.  number,  and  assign  all  licenses,  and 
from  time  to  time  deliver  them  to  the  Tax  Col- 


665  Licenses.  §§  3358-3360 

lector  in  such  quantity  as  may  be  required,  tak- 
ing iiis   receipt  tlieretor,   and   ciiarge   liim   tliere- 
with,  giving  in  the  entry  the  numbers,  classes,  and 
amount  thereof. 
Basis  of  section:  Stats.  1867,  p.  447. 

§  3358.  The  Auditor  must  keep  in  his  office 
the  stumps  of  all  licenses  by  him  delivered  to  the 
Tax  Collector,  and  a  ledger  in  which  he  must  keep 
the  Collector's  account  for  all  licenses  delivered  to 
him,  sold  or  returned  unsold  by  him.  A  correct 
statement  of  the  Collector's  license  account  must 
be  certitied  to  tlie  County  Treasurer  eaeli  nioutii 
by  the  Auditor. 

§  3359.  A  license  must  be  procured  immediate- 
ly before  the  commencement  of  any  business  or 
occupation  liable  to  a  license  tax  from  the  Tax 
Collector  of  the  county  where  the  applicant  de- 
sires to  transact  the  same,  which  license  author- 
izes the  party  obtaining  the  same  in  his  town, 
city,  or  particular  locality  in  the  county  to  trans- 
act the  l)usiness  descTibed  in  such  license;  separ- 
ate licenses  must  be  obtained  for  each  branch  es- 
tablishment or  separate  house  of  business  located 
in  the  same  county.  No  license  issued  under  this 
chapter  authorizes  any  person  to  carry  on  any 
business  within  the  limits  of  any  incorporated 
city  or  town  having  power  by  its  charter  to  im- 
pose or  levy  city  or  town  license  taxes,  unless 
such  person,  in  addition  to  the  license  provided 
by  this  chapter,  also  procures  the  license  required 
by  the  ordinances  or  orders  of  such  city  or  town. 

Basis  of  section  and  next  three:  Stats.  1861,  p. 
443. 

San  Francisco  license  law:  Stats.  1872,  736.  Su- 
perseding Act:  Stats.  1878,  p.  442. 

Aliens  ineligible  to  become  electors — no  license 
to  be  granted:  Stats.  1880,  p.  39.  See  General 
Laws,  title  "Aliens." 

Special  acts- -Alameda  county:  Stats.  1878,  p. 
255;  San  Benito  County:  Stats.  1878,  p.  272. 

Liquor  license:  Sec.  3.38L 

§  3360.  Against  any  person  required  to  take 
out  a  license  who  fails,  neglects,  or  refuses  to 
take  out  such  license,  or  who  carries  on  or  at- 
tempts to  carry  on  business  without  such  license, 


§§  3361-3363  Licenses.  666 

the  Collector  may  direct  suit  in  the  name  of  the 
people  of  the  State  of  California  as  plaintiff,  to  be 
brought  for  the  recovery  of  the  license  tax;  and 
in  such  case  either  the  Collector  or  attorney  may 
make  tlie  necessary  affidavit  for  and  a  writ  of  at- 
tachment may  issue  without  any  bonds  being  giv- 
en on  behalf  of  the  plaintiff;  and  in  case  of  recov- 
ery by  the  plaintiff,  fifteen  dollars  damages  must 
be  added  to  the  judgment  and  costs  to  be  collect- 
ed from  the  defendant,  and  when  collected  five 
dollars  thereof  must  be  paid  to  the  Collector,  and 
ten  dollars  to  the  attorney  prosecuting  the  suit. 
Carrying  on  business  without  a  license  is  mis- 
demeanor: Penal   Code,   sec.  435. 

§  3361.  Each  Tax  Collector  must  make  dili- 
gent inquiry  as  to  each  person  in  his  county  liable 
to  pay  license  as  provided  in  this  chapter,  and 
must  require  each  persou  to  state,  under  oath  or 
affirmation,  the  probable  amount  of  business 
which  he  or  the  firm  of  which  he  is  a  member,  or 
for  which  he  is  an  agent  or  attorney,  or  the  asso- 
ciation or  corporation  of  which  he  is  President, 
Secretary,  or  managing  agent,  will  do  in  the  next 
succeeding  three  months;  and  thereupon,  such 
person,  agent.  President.  Secretary,  or  other  offi- 
cer must  procure  a  license  from  the  Tax  Collector 
for  the  term  desired,  and  the  class  for  which  such 
party  is  liable  to  pay;  and  in  all  cases  where  an 
underestimate  has  been  made  by  the  party  apply- 
ing, the  partj-  making  such  underestimate,  or  the 
company  he  represented,  are  required  to  pay  for 
a  license  for  the  next  quarter  double  the  sum 
otherwise  required. 

§  3362.  Upon  the  trial  of  any  action  author- 
ized by  this  chapter,  the  defendant  is  deemed  not 
to  have  procured  the  proper  license  unless  he 
either  produces  it  or  proves  that  he  did  procure  it; 
but  he  may  plead  in  bar  of  the  action  a  recovery 
against  him  and  the  payment  by  him  in  a  civil  ac- 
tion of  the  proper  license  tax,  together  with  the 
damages  and  costs. 

§  3363.  On  the  first  Monday  in  each  month  the 
Collector  must  return  to  the  Auditor  all  licenses, 
unsold,  and  be  credited  therewith,  and  must  with 
the  Auditor,  appear  at  the  Treasurer's  office  and 
pay  into  the  county  treasury,  for  the  use  of  the 


667  Taxes.  §§  3364-3376 

County  General  Fund,  all  moneys  collected  for 
licenses  sold  during  the  preceding  month,  take 
the  Treasurer's  receipt  therefor,  and  file  dupli- 
cates thereof  with  the  Auditor.  The  Auditor  must 
credit  the  Collector,  and  charge  the  Treasurer 
therewith. 
Basis  of  section:  Stats.  1859,  p.  353;  1861,  p.  447. 

§  3364.  For  each  license  issued,  the  Collector 
must  collect  a  fee  of  one  dollar,  which  must  be 
paid  into  the  Salary  Fund  of  the  county,  unless 
the  Auditor  and  Collector  are  paid  by  fees  instead 
of  salaries,  in  which  case  the  dollar  must  be 
equally  divided  between  them;  provided,  that  in 
the  county  of  Sierra  the  fees  so  collected  shall  be- 
long to  the  collector.  [Amendment,  approved 
March  24,  1874;  Amendments  1873-4,  p.  137.  In 
effect  March  24,  1874.] 

Proviso  inserted  by  Amdl.  1874. 

ARTICLE   II. 

CLASSIFICATION      AND      TAXES. 

§  3373.    Classification   and  license  tax. 

S  3377.     (This  section  is  repealed.) 

§  3378.     Bridge,  ferry,  wharf,  chute,  or  pier  license. 

§  3.379.     Brokers,   trust  companies,   and  others. 

§  3380.     Different  kinds  of  licenses. 

1.  Billiards; 

2.  Theatres,  etc. ; 

3.  Circus,  etc. ; 

4.  Pawnbroker; 

5.  Intelligence  offices. 
§  3381.     Retail  liquor  licenses. 

§  3382.  Merchants'   license. 

§  3383.  Exception   in   using  liquors. 

§  3384.  Peddlers'  and  hawkers'  license. 

§  3385.  Animals  kept  for  propagation   to  be  licensed. 

S  3380.  Certain  exhibitions,  etc.,   exempted. 

§  3387.  Present   incumbents   must   collect   licenses. 

§  3376.  Auctioneers  are  divided  into  eight 
classes,  and  must  obtain  licenses  from  the  Tax 
Collector  as  follows: 

1.  Those  whose  average  monthly  sales  amount 
to  one  hundred  thousand  dollars  and  upwards  con- 
stitute the  first  class,  and  must  pay  a  license  of 
four  hundred  dollars  per  quarter: 

2.  Those  whose  average  monthly  sales  amount 
to  seventy-five  thousand  dollars,  and  less  than  one 


§§  3377,3378  Taxes.  668 

buuOred  thousand  dollars,  constitute  the  second 
class,  and  must  pay  a  license  tax  of  three  hun- 
dred dollars  per  quarter; 

3.  Those  whose  average  monthly  sales  amount 
to  fifty  thousand  dollars,  and  less  than  seventy- 
five  thousand  dollars,  constitute  the  third  class, 
and  must  pay  a  license  tax  of  two  hundred  dol- 
lars per  quarter; 

4.  Those  whose  average  monthly  sales  amount 
to  thirty  thousand  dollars,  ami  less  tliau  titty 
thousand  dollars,  constitute  the  fourth  class,  and 
must  pay  a  license  tax  of  one  hundred  and  twen- 
ty-five dollars  per  quarter; 

5.  Those  whose  average  monthly  sales  amount 
to  twenty  thousand  dollars,  and  less  than  thirty 
thousand  dollars,  constitute  the  fifth  class,  and 
must  pay  a  license  tax  of  one  hundred  dollars  per 
quarter; 

6.  Those  whose  average  monthly  sales  amount 
to  ten  thousand  dollars,  and  less  than  twenty 
thousand  dollars  constitute  the  sixth  class,  and 
must  pay  a  license  tax  of  sixty  dollars  per  quar- 
ter; 

7.  Those  whose  average  monthly  sales  amount 
to  twenty-five  hundred  and  less  than  ten  thousand 
dollars  constitute  the  seventh  class,  and  must  pay 
a  license  tax  of  twenty-five  dollars  per  quarter; 

8.  Those  whose  average  monthly  sales  are  less 
than  twenty-five  hundred  dollars  constitute  the 
eighth  class,  and  must  pay  a  license  tax  of  seven 
dollars  and  a  half  per  quarter. 

Basis  of  section:  Stats.  1870.  p.  306. 
Auctions  and  auctioneers:  Sees.  3284-3324. 

§  3377  of  this  Code,  as  adopted,  was  repealed 
by  the  Act  of  April  1,  1872. 

§  3378.  Licenses  to  take  tolls  on  bridges,  fer- 
ries, wharves,  chutes,  or  piers  are  fixed  annually 
by  the  Board  of  Supervisors.  The  licenses  there- 
in provided  for  are  issued  by  the  Countv  Aurlltor. 
and  must  be  obtained  from  the  Tax  Collector  of 
the  county. 

Toll  bridges  and  ferries:  See  sees.  2483-2895. 
Delinquent  license  tax,  proceedings  to  collect: 
Stats.  1872.  p.  .539. 

Wharves,   chutes,  and  piers:  Sees.   2906-2920. 

Omitting  to  procure  license:  Pen.  Code.  sec.  435. 


669  Taxes.  §§  3379,3380 

§  3379.  Persons  engaiied  in  banking,  loaning 
naoney  at  interest,  or  in  buying  or  selling  notes, 
bonds,  or  otber  evidences  of  indebtedness  of  pri- 
vate persons;  or  In  buying  or  selling  State,  county 
or  city  stocks,  or  other  evidences  of  State,  county, 
or  city  indebtedness;  or  stocks,  or  notes,  bonds, 
or  otber  evidences  of  indebtedness  of  incoi-porated 
companies;  or  in  buying  or  selling  gold  dust,  gold 
or  silver  bullion,  or  gold  or  silver  coin,  are  divided 
into  six  classes,  and  must  pay  licenses  as  follows: 

1.  Those  doing  business  in  the  aggregate  to  the 
amount  of  two  hundred  and  fifty  thousand  dollars 
per  quarter  and  over,  constitute  the  first  class. 
and  must  pay  a  license  of  one  hundred  dollars  per 
qiiarter; 

2.  Those  doing  business  to  the  amount  of  two 
hundred  thousand  dollars,  and  less  than  two  hun- 
dred and  fifty  thousand  dollars  per  quarter,  con- 
stitute the  second  class,  and  must  pay  a  license  of 
eighty  dollars  per  quarter; 

3.  Those  doing  business  to  the  amount  of  one 
hundred  thousand  dollars,  and  less  than  two  hun- 
dred thousand  dollars  per  quarter,  constitute  the 
third  class,  and  must  pay  a  license  of  forty  dol- 
lars per  quarter; 

4.  Those  doing  business  to  the  amount  of  fifty 
thousand  dollars,  and  less  than  one  hundi-ed  thou- 
sand dollars  per  quarter,  constitute  the  fourth 
class,  and  must  pay  a  license  of  twenty-five  dol- 
lars per  quarter; 

5.  Those  doing  business  in  any  amount  under 
fifty  thousand  dollars,  and  over  five  thousand  dol- 
lars per  quarter,  constitute  the  fifth  class,  and 
must  pay  a  license  of  fifteen  dollars  per  quarter; 

6.  Those  doing  business  in  any  amount  under 
five  thousand  dollars  per  quarter,  constitute  the 
sixth  class,  and  must  pay  a  license  of  three  dol- 
lars per  quarter. 

§  3380.  Licenses  must  be  obtained  for  the  pur- 
poses hereinafter  named,  for  Avhich  the  Tax  Col- 
lector must  require  payment  as  follows: 

First— rroni  each  proprietor  of  a  billiard  table 
not  kept  exclusively  for  family  use,  for  each  tab!" 
five  C5)  dollars  per  quarter;  and  for  a  bowling  al- 
ley, five  (.^>)  dollars  per  quarter  for  each  alley:  but 
no  license  must  be  granted  for  a  term  less  than 
tliroe  months. 


§§  3381,3382  Taxes.  670 

Two — Theaters  are  divided  into  two  classes; those 
seating  nine  hundred  and  seventy-five  or  more, 
are  of  the  first  class,  those  seating  less  than  nine 
hundred  and  seventy-five  are  of  the  second  class; 
one  seat  is  twenty-two  inches.  Licenses  shall  be 
granted  to  theaters  and  other  places  of  amuse- 
ment according  to  the  folloAving  schedule: 


If    for    less    than 
one  month— 


If  for  one  month  If        for        three' If  for 
and    less     than     months  and  less!  one 
three  months—  I    than  one  year —  year. 


1st  class,  J5  per  day     $100  per  month        $300  per  quarter}    |fiOO 
2d  class,  ?5  per  day       |75  per  month        1200  per  quarter     1400 


Third— For  each  exhibition,  for  pay,  for  a  car- 
avan or  menagerie,  or  any  collection  of  animals, 
eircus  or  other  acrobatic  performance,  ten  dol- 
lars; and  for  each  show,  for  pay,  of  any  figures, 
jugglers,  necromancers,  magicians,  wire  or  rope 
dancing,  or  sleight  of  hand  exhibition,  five  (5) 
dollars  each  day. 

P'our— From  each  pawnbroker,  thirty  (30)  dol- 
lars per  quarter. 

Five — From  each  Iseeper  of  all  intelligence  offi- 
ces, fifteen  (1,5)  dollars  per  quarter.  [Amendment, 
approved  March  30,  1874;  Amendments  1873-4,  p. 
44.    In  effect  July  6.  1874.] 

Original  basis  of  section:  Stats.  1861,  p.  441. 

Subdivisions  2  and  3.  Inapplicable  to  charita- 
ble entertainments:  Sec.  3386. 

§  3381.  Every  person  who  sells  spirituous, 
malt,  or  fermented  liquors  or  wine,  in  less  quan- 
tities than  one  quart,  must  obtain  a  license  from 
the  Tax  Collector  as  prescribed  in  this  chapter, 
and  make  therefor  the  following  payment: 

1.  Those  making  sales  to  the  araount  of  ten 
thousand  dollars  or  more  as  a  monthly  average, 
constitute  the  first  class,  and  must  pay  forty  dol- 
lars per  month: 

2.  Those  making  sales  to  the  amount  of  five 
thousand  dollars,  and  not  exceeding  ten  thousand 
dollars  as  a  monthly  average,  constitute  the  sec- 
ond class,  and  must  pay  twenty  dollars  per  month: 

3.  And  those  making  sales  of  less  than  five  thou- 
sand dollars,  constitute  the  third  class,  and  must 
pay  five  dollars  per  month. 

§  3382.    Every  pei'son  who,  at  a  fixed  place  of 


671  Taxes.  §  3382 

business,  sells  any  goods,  wares,  or  merchandise, 
wines,  or  distilled  liquors,  drugs,  or  medicines, 
jewelry,  or  wares  of  precious  metals,  whether  on 
commission  or  othei-wise  (except  agricultural  or 
vinicultural  productions,  or  the  productions  of  any 
stocli,  dairy,  or  poultry  farm  of  this  State,  when 
sold  by  the  producer  thereof,  and  except  such  as 
are  sold  by  auctioneers  at  public  sale  under  li- 
cense), and  all  persons  who  keep  horses  or  car- 
riages for  hire  (except  sucli  as  are  used  in  tlie 
transportation  of  goods),  must  obtain  from  the 
Tax  Collector  of  Ihe  county  in  which  the  business 
is  transacted!,  and  for  each  branch  of  such  busi- 
ness, license,  and  pay  quarterly  therefor  an 
amount  of  money  to  be  determined  by  the  class 
in  which  such  person  is  placed  by  the  Tax  Collect- 
or; such  business  to  be  classified  and  regulated 
by  the  amount  of  the  average  monthly  sales  made 
or  hiring  done,  and  at  the  4-ates  following: 

1.  Those  who  are  estimated  to  make  average 
monthly  sales  or  hiring  to  the  amount  of  one  hun- 
dred thousand  dollars  or  more,  constitute  the  first 
class,  and  must  pay  fifty  dollars  per  month. 

2.  Of  seventy-five  thousand  dollars,  and  less  than 
one  hundred  thousand  dollars,  constitute  the  sec- 
ond class,  and  must  pay  thirty-seven  dollars  and 
fifty  cents  per  month. 

3.  Of  fifty  thousand  dollars,  and  less  than  sev- 
enty-five thousand  dollars,  constitute  the  third 
class,  and  must  pay  twenty-five  dollars  per  month. 

4.  Of  forty  thousand  dollars,  and  less  than  fifty 
thousand  dollars,  constitute  the  fourth  class,  and 
must  pay  twenty  dollars  per  month. 

5.  Of  thirty  thousand  dollars,  and  less  than  for- 
ty thousand  dollars,  constitute  the  fifth  class,  and 
must  pay  fifteen  dollars  per  month. 

6.  Of  twenty  thousand  dollars,  and  less  than 
thirty  thousand  dollars,  constitute  the  sixth  class, 
and  must  pay  ten  dollars  per  month. 

7.  Of  ten  thousand  dollars,  and  less  than  twenty 
thousand  dollars,  constitute  the  seventh  class,  and 
must  pay  seven  dollars  and  fifty  cents  per  month. 

8.  Of  five  thousand  dollars,  and  less  than  ten 
thousand  dollars,  constitute  the  eighth  class,  and 
must  pay  five  dollars  per  month. 

9.  Of  two  thousand  five  hundred  dollars,  and 
less  than  five  thousand  dollars,  constitute  the 
ninth  class,  and  must  pay  three  dollars  per  month. 


§§  3383-3385  Taxes.  672 

10.  Of  all  amounts  over  twelve  liuudred  and  fif- 
ty dollars,  and  under  two  thousand  live  hundred 
dollars  per  month,  constitute  the  tenth  class,  and 
must  pay  one  dollar  and  fifty  cents  per  month. 

11.  Of  all  amounts  less  than  twelve  hundred 
and  fifty  dollars  per  month,  constitute  the  elev- 
enth class,  and  must  pay  one  dollar  per  month. 
[Amendment,  approved  March  10,  1874;  Amend- 
ments 1873-4,  p.  137.    In  effect  March  10,   1874.] 

Basis  of  section:  Stats.  1861,  p.  444. 
Wines   or   distilled    liquors— application    of   pro- 
vision: Sec.  3383.  , 

.§  3383.  The  sale  of  liquors  and  wines  by  per- 
sons licensed  under  the  preceding  section  must 
not  be  in  less  quantity  than  one  quart  measure.  No 
license  must  be  required  of  physicians,  surgeons, 
apothecaries,  or  chemists,  for  any  wines  or  spirit- 
uous liquors  they  may  use  in  the  preparation  of 
medicines. 
Basis  of  section:  Stats.  1863,  p.  122. 

§  3384.  Every  traveling  merchant,  hawker,  or 
peddler,  who  carries  a  pack  and  vends  goods, 
wares,  or  merchandise  of  any  kind  other  than  the 
manufactures  or  pi'oductions  of  this  State,  must 
pay  for  a  license  five  dollars  per  month;  and  every 
such  traveling  merchant,  hawker,  or  peddler,  who 
uses  a  wagon,  or  one  or  more  animals,  for  the  pur- 
pose of  vending  such  goods,  "n-ares,  or  merchan- 
dise of  any  kind,  must  pay  for  a  license  fifteen 
dollars  per  month;  and  every  traveling  merchant, 
hawker,  or  peddler,  who  uses  a  trading  boat  or 
other  water  craft  only,  shall  pay  a  merchant's  li- 
cense, according  to  the  provisions  and  classifica- 
tions of  section  three  thousand  three  hundred  and 
eighty-two  of  this  Code.  [Amendment,  approved 
March  20.  1876;  Amendments  1875-6,  p.  56.  In 
effect  March  20,  1876.] 

§  3385.  Every  person  who  keeps  a  stallion, 
jack,  or  bull,  and  who  permits  the  same  to  be 
used  for  the  purpose  of  propagation  for  hire,  must 
annually  obtain  a  license  therefor  from  the  Tax 
Collector,  and  pay  therefor  as  follows: 

1.  Horses  that  are  hired  for  the  purpose  of  pro- 
pagation, by  the  season,  at  one  hundred  dollars 
or  more,  constitute  the  first  class,  and  require  a 
license  of  seventy-five  dollars. 


073  Taxes.  §§  3386,3387 

2.  At  seventy-five  dollars,  and  less  than  one 
hundred  dollars,  constitute  the  second  class,  and 
require  a  license  of  sixty  dollars. 

3.  At  fifty  dollars  and  less  than  seventy-five  dol- 
lars, constitute  the  third  class,  and  require  a  li- 
cense of  forty  dollars. 

4.  At  thirty  dollars,  and  less  than  fifty  dollars, 
constitute  the  fourth  class,  and  require  a  license 
of  twenty-five  dollars. 

5.  At  fifteen  dollars,  and  less  than  thirty  dol- 
lars, constitute  the  fifth  class,  and  require  a  li- 
cense of  fifteen  dollars. 

6.  All  at  less  tlian  fifteen  dollars,  constitute  the 
sixth  class,  and  require  a  license  of  ten  dollars. 

7.  For  eacli  .iaciv,  ten  dollars. 

8.  For  each  bull,  ten  dollars. 

A  license  so  obtained  from  the  Tax  Collector, 
under  the  provisions  of  this  Act,  shall  entitle  the 
holder  thereof  [to]  the  rii^ht  to  go  into  any  county 
of  This  State  for  the  purposes  of  propagation, 
witliout  further  license  or  expense.  [Amendment, 
approved  March  7.  1876;  Amendments  1875-6,  p. 
56.    In  effect  March  7,  1876.] 

§  3386.  The  provisions  of  subdivisions  2  and  3, 
of  section  3380.  do  not  apply  to  exhibitions  or  en- 
tertainments jriven  for  the  benefit  of  churches, 
scliools,  or  other  charitable  entertainments,  by 
any  amateur  dramatic  association  or  literai'y  so- 
ciety of  the  toAvn  or  district  in  which  such  exhibi- 
tion or  entertainment  is  given. 

§  3387.  In  every  county  in  this  State  where 
any  officer  otlier  than  the  Tax  Collector  is  charged 
with  the  collection  of  license  taxes,  such  officer 
must,  until  after  the  expiration  of  the  term  of  the 
present  incumbent,  discharge  the  duties  cast  upon 
the  Tax  Collector  under  the  provisions  of  articles 
I  and  II  of  this  chapter. 
Pol.  Code— 57. 


Public  Lands. 


674 


■       TITLE    VIIL 
PROPERTY     OF     THE     STATE. 

Chapter  I.    The  Public  Lauds. 

II.    The    Yosemite    Valley  and  Mariposa 
Big  Tree  Grove. 
HI.    The  State  Burying  Ground. 


CHAPTER  I. 

THE     PUBLIC     LANDS. 

Article  I.     General  Provisions  respecting  the  Public  Lands. 
II.    Swamp    and  Overflowed,   Salt    Marsh  and    Tide 
Lands. 

III.  School  Lands. 

IV.  Payments,     Certificates     of     Purchase   and     Pat- 

ents. 
V.    Selection  and  Sale  of  University  Lands. 
VI.     Proceedings    against    Delinquent    Purchasers. 
VII.    Miscellaneous     Provisions     relating     to     Public 
Lands. 


ARTICLE    I. 

GENERAL     PROVISIONS     RESPECTING     THE     PUBLIC 
LANDS. 

§  3395.    Register  to  keep  certain  accounts  and  records. 

§  3396.    Must   keep   plats  and   note   locations  thereon. 

§  3397.  Must  note  on  plats  the  issuing  of  certificates  or 
patents. 

§  3398.    Surveyor   General   to  be   State   Locating   Agent. 

§  3399.    Agent  at  Washington.     (Repealed.) 

§  3400.    Qualification   and   residence    of   Agent.      (Repealed.) 

§  3401.     Duties    of   Agent.     (Repealed.) 

§  3402.    Compensation.     (Repealed.) 

§  3403.    Mode  of  payment  of  Agent.     (Repealed.) 

§  3404.  Purchasers  of  lands  must  pay  expenses,  etc.  (Re- 
pealed.) 

§  3405.    Surveyor  General  to  keep  certain  records. 

§  3406.  Duty  of  Surveyor  General  on  application  for  pur- 
chase. 

§  3407.    Same. 

§  3408.    When  townships  are  surveyed.     (Repealed.) 

§  3409.     Statement  as  to  condition  of  school   sections. 

§  3410.  Registers  and  Receivers,  how  compensated  for  ser- 
vices. 


675  Public  Lands.  §§  3395-3397 

§  3411.  Surveyor   General   to  represent   State   In   contests. 

5  3412!  Place  of  taking  testimony  to  be  fixed. 

§  3413.  Attorney  General,   attendance.     Traveling  expenses. 

§  3414.  Contest,  how  disposed  of. 

I  3415.  Same. 

§  3416.  Effect  of  judgment. 

§  3417.  Limitations. 

I  3418.  Duty  upon   application   for  survey.     (Repealed.) 

§  3419.  Same.     (Repealed.) 

§  3420.  Upon   refusal   of   County   Surveyor.      (Repealed.) 

§  3421.  Surveys,   how   made.      (Repealed.) 

§  3422.  County  Treasurer  to  report  to  Register. 

§  3423.  Duty  of  Register  on   receipt  of  report. 

§  3424.  Quarterly   reports   of  the  County   Treasurers. 

§  3425.  Treasurers  to  pay  over  moneys   received. 

§  3426.  Moneys  to  be  retained  by  County  Treasurers. 

§  3427.  Interest,   how  computed  and  when   payable. 

§  3428.  Compensation   of   County   Treasurer   and   Auditor. 

I  3429.  Instructions  and  forms. 

§  3395.  The  Register  of  tlie  State  Land  Office 
must  Iveep  separate  accounts  and  records  in  rela- 
tion to  each  class  of  lands  to  which  the  State  is 
entitled,  which  must  show: 

1.  The  number  of  the  survey  or  location,  and 
the  date  of  the  approval; 

2.  The  name  of  the  locator,  the  description  of 
the  lands  by  legal  subdivisions,  the  price  per  acre 
at  whicli  they  are  sold,  the  amount  paid,  the  date 
of  payment,  the  number  and  date  of  the  certifi- 
cate of  purchase; 

3.  The  date  of  the  patent,  when  it  has  been  is- 
sued. 

Register  of  the  State  Land  office:  Surveyor  Gen- 
eral is  ex  officio:  Sees.  350,  497.  Deputy, same: Sees. 
350,  497.  Clerks,  sec.  343.  Duties,  referred  to  as 
being  prescribed  in  this  portion  of  Code:  Sec.  498. 
Salary  of  Clerks,  sec.  500.  Fees,  sec.  501.  Bond, 
sec.  502. 

§  3396.  He  must  also  keep  plats  of  such  lands, 
upon  which  all  approved  locations  and  surveys 
must  be  designated  by  their  numbers. 

§  3397.  Wlien  certificates  of  pui'chase  or  pat- 
ents are  issued,  the  fact  must  be  noted  on  the 
plats. 

Basis  of  section:  Stats.  ISnS,  p.  507. 
Payments,  certificates  of  purcliase  and  patents: 
Sees.  3532-3523. 


§§  3398-3409  Public  Lands.  676 

§  3398.  The  Surveyor  General  is  tlie  general 
agent  of  the  State  for  the  location  in  the  United 
States  Land  Offices  of  the  unsold  portion  of  five 
hundred  tliuusaud  acres  of  land  granted  to  the 
State  for  school  ptiiiwses,  and  the  sixteenth  and 
thirty-sixth  sections  granted  for  the  use  of  public 
schools,  and  lands  in  lieu  thereof. 

School  lands:  Sees.   3494-3503. 

Booth  act:  See  act  of  Congress,  March  2,  1853, 
10  U.  S.  Stats.  244,  for  the  act  reserving  to  Cali- 
fornia for  school  purposes  the  sixteenth  and  thir- 
ty-sixth sections  of  each  township. 

§  3399  to  3404.  Section  number  three  thou- 
sand three  hundred  and  ninety-nine,  three  thou- 
sand four  hundred,  three  thousand  four  hundred 
and  one,  three  thousand  four  hundred  and  two, 
tliree  thousand  four  hundred  and  three,  and  three 
thousand  four  hundred  and  four  are  hereby  re- 
pealed. [Repealed  Jan.  19,  1874;  Amendments 
1873-4,  p.  139.    In  effect  January  19,  1874.] 

§  3405.  The  Surveyor  General  must  provide 
the  necessary  record  book,  and  cause  all  lists  or 
patents  for  lands  from  tlie  United  States  to  be  re- 
corded therein. 

§  3406.  The  Surveyor  General  must,  whenever 
apijlication  is  made  to  him  for  any  portion  of  the 
lands  mentioned  in  section  3398,  communicate 
with  the  United  States  Land  Office,  and  ask  that 
the  lands  described  in  the  application  be  accepted 
in  part  satisfaction  of  the  grant  imder  which  it  is 
sought  to  be  located. 

§  3407.  When  the  acceptance  of  the  Register 
of  the  United  States  Land  Office  is  obtained,  he 
must  give  to  the  party  applying  a  copy  of  his  ap- 
proval. 

§  3408.  All  of  section  three  thousand  four  hun- 
dred and  eight  of  the  Political  Code  is  hereby  re- 
pealed. [Repealed  April  3,  1876:  Amendments 
1875-6,  p.  57.    In  effect  April  3,  1876.] 

§  3409.  Tlie  Sm-vevor  General  must,  after  the 
survey  of  any  township  by  the  United  States  Sur- 
veyor General,  obtain  from  the  Ignited  States 
Land  Office  a  statement,  showing  whether  or  not 


677  Public  Lands.  §§  3410-3414 

the  sixteenth  and  thirty-sixth  sections  therein  be- 
long to  the  State. 

Application  to  purchase  sixteenth  and  thirty- 
sixth  sections:  See  sec.  3495,  post. 

§  3410.  The  Rejristers  and  Receivers  of  the 
United  States  Land  Ofiices  must  present  their  ac- 
counts for  services  rendered  the  State  to  the  Sur- 
veyor General,  who,  if  he  finds  the  same  correct, 
according!:  to  fees  allowed  Registers  and  Receivers 
by  Act  of  Congress,  or  by  the  Department  of  the 
Interior,  must  certify  the  same  to  the  State  Board 
of  Examiners,  who  must  audit  and  allow  sxich  ac- 
counts, and  they  must  be  paid  out  of  the  General 
Fund. 

Basis  of  section:  Stats.  1870,  p.  14. 

State  Board  of  Examiners:  Sees.  G54-683. 

§  3411.  The  Surveyor  General  must  represent 
the  State  in  all  contests  between  it  and  the  United 
States  in  relation  to  public  lands. 

§  3412.  When  he  desires  to  take  testimony  un- 
der the  provisions  of  the  Act  of  Congress  to  quiet 
land  titles  in  California,  passed  July,  eighteen 
hundred  and  sixty-six,  he  must  request  the  Unit 
ed  States  Surveyor  General  to  fix  a  place  conven- 
ient of  access  by  the  witnesses,  and  the  time  foi 
taking  such  testimony. 

§  3413.  He  may  require  the  Attorney  General 
to  attend  and  represent  the  State  at  the  taking  of 
such  testimony;  and  the  traveling  expenses  of 
each  are  a  charge  against  the  State.  All  claims 
for  traveling  expenses  must  be  audited  and  allow- 
ed by  the  Board  of  Examiners,  and  paid  out  of  the 
General  Fund.  But  not  more  than  fifteen  hun- 
dred dollars  must  be  alloAved  in  any  one  year  for 
such  expenses. 

Board  of  Examiners:  Sees.  654-683. 

§  3414.  When  a  contest  arises  concerning  the 
approval  of  a  survey  or  location  before  the  Sur- 
veyor General,  or  concerning  a  certificate  of  pur- 
chase or  other  evidence  of  title  before  the  Reg- 
ister, the  officer  before  whom  the  contest  is  made 
ma.v,  when  the  question  involved  is  as  to  the  sur- 
vey, or  one  purely  of  fact,  or  whether  the  land  ap- 


§§  3415-3421  rublic  Lands.  678 

plied  for  is  a  pai't  of  the  swamp  or  overflowed 
lauds  of  the  ^tate,  or  whether  it  is  included  with- 
in a  confirmed  jirant,  the  lines  of  which  have 
been  run  by  authority  of  law,  proceed  to  hear  and 
determine  the  same;  but  when,  in  the  judgment  of 
the  officer,  a  question  of  law  is  involved,  or  when 
either  party  demands  a  trial  in  the  Courts  of  the 
state,  he  must  make  an  order  refeiTing  the  con- 
test to  tlie  District  Court  of  the  county  in  which 
the  laud  is  situated,  and  must  enter  such  order  in 
a  record  book  in  his  office. 

District  Court — superseded  bv  Superior  Court 
under  Const.  Cal.  1879,  art.  22,  sec.  3. 

Form  of  application  to  purchase  in  sixteenth  and 
thirty-sixth  sections:    See  post,  sec.  3495. 

Same  of  swamp-land:  Sec.  3443. 

§  3415.  After  such  order  is  made  either  party 
may  bring  an  action  in  the  Superior  Court  of  the 
county  in  which  the  land  in  question  is  situated, 
to  determine  the  conflict,  and  the  production  of  a 
certified  copy  of  the  entry,  made  by  either  the 
Surveyor  General  or  the  Register,  gives  the  Court 
full  and  complete  jurisdiction  to  hear  and  deter- 
mine the  action.  [Amendment  approved  April  28. 
1880;  Amendments  1880,  p.  108.  In  effect  April 
28,  1880.] 

§  3416.  Upon  filing  with  the  Surveyor  General 
or  Hegister,  as  tiie  case  may  be,  a  copy  of  the  final 
judgment  of  tlie  Court,  that  officer  must  approve 
the  survey  or  location,  or  issue  tlie  certificate  of 
purchase  or  other  evidence  of  title  in  accordance 
with  such  judgment. 

Must  approve  the  survey  or  location— on  this 
provision  as  well  as  sees.  3414  and  3415. 

§  3417.  Unless  the  party  contestant  com- 
mences his  action  within  sixty  days  after  the  or- 
der of  reference  is  made,  his  rights  in  the  prem- 
ises and  under  his  application  cease. 

§§  3418  to  3421.  Sections  three  thousand  four 
hundred  and  eigliteen,  three  thousand  four  hun- 
dred and  nineteen,  thi'ee  thousand  four  hundred 
and  twenty,  and  three  thousand  four  hundred  and 
twent.v-one  of  the   Political  Code  are  hereby  re- 


679  Public  Lands.  §§  3422-3425 

pealed.     [Repealed  March  2S.  1874:  Amendments 
1873-4,  p.  141.     In  effect  March  28,  1874.] 

§  3422.  Upon  the  first  day  of  every  month 
the  County  Treasurer  must  make  a  report  to  the 
liegister  of  all  moneys  received  for  land  during 
the  preceding  month,  showing  the  number  of  the 
location  or  survey,  the  name  of  the  purchaser,  and 
the  amount  paid  since  the  date  of  his  last  report, 
whether  as  principal  or  interest,  which  amounts 
must  be  entered  in  the  columns  belonging  to  the 
particular  class  of  land  upon  which  each  pay- 
ment has  been  made.  The  payment  of  the  fee  for 
the  certificate  of  purchase  must  also  be  entered 
in  the  proper  column,  and  the  Treasurer  must 
then  send  the  report  to  the  Auditor,  who  must 
compare  the  items  with  the  account  of  the  Treas- 
urer; and  if  the  same  agrees  with  his  entries, 
countersign  the  report  and  l-eturn  it  to  the  Treas- 
urer. 

Payments— Certificates  of  Purchase,  and  Pat- 
outs:  See  sees.  3512-3523. 

§  3423.  These  reports  must  be  forwarded  to 
the  Register  at  once,  and  upon  receipt  thereof  the 
Register  must  enter  the  payment  so  reported  to 
the  credit  of  the  pnrchaser  in  the  books  of  his 
office.  He  must  notify  the  County  Treasurer  of 
the  receipt  of  his  report,  and  if  it  is  not  correct, 
return  it  for  correction. 

§  3424.  At  the  end  of  each  quarter  the  County 
Treasurer  must  report  to  the  Controller  of  Stiite 
the  sum  which  has  been  received  during  the  quar- 
ter upon  each  class  of  land;  which  report  must  be 
referred  to  the  Register  for  examination  and  com- 
parison with  the  books  of  his  office. 

§  3425.  When  the  Register  certifies  to  the  cor- 
rectness of  the  report  it  must  be  returned  to  the 
Controller,  who  must  thereupon  make  his  settle- 
ment with  the  County  Treasurer,  who  must  pay 
over  to  the  Treasurer  of  State  all  moneys.  Con- 
troller's warrants,  or  other  evidences  of  State  in- 
debtedness wliich  he  may  have  received  in  pay- 
ment for  such  lands,  f>xcept  as  provided  in  the 
next  section. 


§§  3426-3429  Public  Lands.  680 

§  3426.  The  County  Treasurer  must  retain  all 
moneys  arising:  from  the  sale  of  swamp  and  over- 
flowed lands,  and  place  the  same  to  the  credit  of 
a  Fund  known  as  the  "SAvamp  Land  Fund"  of  the 
county. 

Swamp  and  Overflowed  Lands— Salt  Marsh  and 
Tide  Lands:  Sees.  3440-3488. 

§  3427.  The  County  Treasurer  must  compute 
interest  on  all  sales  from  the  date  of  the  approval 
of  the  survey,  or  the  date  of  the  certificate  of  lo- 
cation, to  the  first  of  January  following  such  date; 
or  if  for  lands  already  purchased,  then  up  to  the 
first  of  January  following  the  day  upon  which  the 
interest  falls  due;  after  which  time  all  payments 
of  principal  or  interest  fall  due  on  the  first  day  of 
January. 

§  3428.  [Repealed,  act  April  1,  1897.  Stats. 
1897;  ch.  cclxvii.    In  effect  immediately.] 

§  3429.  The  Surveyor  General  and  Register 
must  issue  all  instructions,  and  prepare  and  have 
printed  all  blank  forms  necessary  to  caiTy  into 
operation  the  provisions  of  this  chapter. 

Actual  settlers-  State  lands  to  be  granted  only 
to:  Const.  Cal.  1879,  art.  17,  sec.  3. 


Public  Lands. 


ARTICLE  II. 

SWAMP     AND     OVERFLOWED,      SALT     MARSH,      AND 
TIDE     LANDS. 

Swamp  lands,  etc. ;  price  and  manner  of  payment. 
Surveys  not  to  be  approved  until  land  segregated. 
Settlers  preferred   purchasers  for  six  months. 
Affidavit  for  purchase  of  swamp  land. 
If  made  by  female,  what  must  show. 
Land  segregated,  b\it  not  seetionized. 
Formation    of    reclamation    districts,    petition    for. 
Verification   and   publication. 
District   situated   partly   in   different   counties. 
Proceedings  on  approval  of  petition. 
Petition,   where  to  be  recorded. 
Duty  of  Register  on  receipt  of  copy. 
District  by-laws  and  Trustees. 
By-laws  must  be  signed  "and  recorded. 
Powers   of  Trustees. 
Board  of  Trustees  to  report  plans,  etc. 
Commissioners    to    assess    charges   for    reclamation, 
etc. 

3457.  Warrants,   presentation,   etc. 

3458.  District     situated     partly     in     different     counties; 

charges,   where  paid. 

3459.  Additional  assessments. 

3460.  Commissioners  to  make  assessment  lists. 

3461.  Contents  of  lists. 

3462.  Lists,   where   filed. 

3463.  Lien    acquired    by    filing    lists. 

3464.  Credit  to  be  given  to  owner  of  land. 

3465.  Payment,  how  made. 

3463.     Delinquent  assessments,   how  collected. 

3467.  Work  of  reclamation  to  be  dope  under  direction  of 

Trustees. 

3468.  Accounts  to  be  kept  open  to  inspection. 

3469.  Subsequent  purchasers  governed  by  by-laws. 

3470.  Rights   of  such   purchasers,   how   secured. 

3471.  Property   may  be   condemned   for   reclamation   pur- 

poses. 

3472.  Owners      may      reclaim      without      intervention      of 

Trustees. 

3473.  Their   powers   and   duties. 

3474.  When  works  of  reclamation  are  in  progress,   inter- 

est to  cease. 

3475.  Power  of  Sujicrvisors  to  let  contracts,  etc. 

3476.  Certificate  of  completion  of  work,  etc. 

3477.  Credit      when      given,      statement      forwarded     and 

moneys   paid  over. 

3478.  Old   districts  may   reorganize   under  this   chapter. 


§§  3440,3441  Public  Lands.  682 

§  3479.  Trustees  may  compromise  indebtedness  of,  and 
levy  tax  to  pay  the  same. 

§  3480.  Bonds  and  warrants  redeemed  may  be  used  by 
Trustees  in  purchase  of  land  in  district. 

§  3481.  Unreclaimed  lands  may  be  set  ofiE  in  separate  dis- 
trict. 

§  3482.    Liability  of  such  district  for  original  indebtedness. 

§  3483.     Districts,  how  designated. 

§  3484.    In   Sacramento,    Supervisors   may   employ   clerk. 

§  3485.  Payment  on  lands  sold  for  five  years  or  less,  when 
to  be  made. 

§  3486.  Occupants  of  land  on  banks  of  stream  liable  for 
damages,  when. 

§  3487.    Proof  in  mitigation  of  damages. 

§  3488.  Ceitain  lands  excepted  from  the  provisions  of  tnis 
chapter. 

§  3489.     Reorganizing   and    consolidating    swamp    districts. 

§  3490.    Injuries  to  levees. 

§  3491.    Election  of  Trustees. 

§  3492.    Petition   for   reclamation   district. 

§  3493.     Dissolution   of  district. 

§  34931/^. Action  to  determine  validity  of  assessment. 

§  3440.  The  swamp  and  overflowed,  salt 
marsh,  and  tide  lands  belonging  to  the  Sta.te  must 
be  sold  at  the  rate  of  one  dollar  ($1  00)  per  acre, 
in  gold  coin,  payable,  twenty  per  cent  of  the  prin- 
cipal within  fifty  days  from  the  date  of  the  ap- 
proval of  the  survey  by  the  Surveyor  General, 
and  the  balance,  bearing  interest  at  the  rate  of 
seven  per  cent  per  annum,  payable  in  advance,  is 
due  and  payable  one  year  after  the  passage  of  any 
Act  of  the  Legislature  requiring  such  payment,  or 
before,  if  desired  by  the  purchasers.  Bonds  or 
warrants  of  districts  having  an  outstanding  in- 
debtedness are  receivable  in  payment  for  lands  in 
such  disti'icts  at  par.  [Amendment  approved 
April  1.5,  1880:  Amendments  1880,  p.  58.  In  ef- 
fect January  1.  1881.] 

Interest — after  foreclosure  for  non-payment  of, 
purchasers  may  redeem:  Stats.  1881,  p.  66. 

Seven  per  cent — per  anninn  is  rate  instead  of 
ten,  as  before  amdt.  1880. 

Acts  relating  to  swamp  and  overflowed  lands: 
See  General  Laws,  title  "Swamp  and  Overflowed 
Lands." 

§  3441.  The  Surveyor  General  of  the  State 
must  not  approve  any  application,  nor  must  the 
Register  issue  evidence  of  title  for  swamp  and 


683  Public  Lands.  §§  3442, 3443 

overflowed  land,  until  six  mouths  after  tlie  same 
had  been  segi'egated  by  authority  of  the  United 
States.  [Amendment  approved  March  28,  1874; 
Amendments  1873-4,  p.  141.  In  effect  March  28, 
1874.] 

Before  amendment  1874— "application"  read 
"survey  of,"  and  last  part  read  "authority  of  this 
State  or  the  United  States;"  and  section  was 
based  on  Stats.  1870,  p.  878. 

Segregation  as  pre-requisite:  See  sec.  3406,  ante. 

Compare  enactment — given  under:  Sec.  3548. 

§  3442.  Settlers  upon  swamp  and  overflowed 
lands  belonging  to  the  State,  who  occupy  the 
same  for  farming  or  grazing  purposes,  and  whose 
occupation  as  evidenced  by  actual  inclosure,  or  by 
ditches  or  monuments  showing  the  actual  extent 
thereof,  are  preferred  purchasers  for  such  lands 
for  six  months  after  segregation. 

Basis  of  section— Stats.  1870,  p.  878. 

Settlers — absence  of,  or  expiration  of  period  of 
purchase,  must  be  stated  in  affidavit  of  applicant: 
Sec.  643. 

§  3443.  Any  person  desiring  to  purchase 
swamp  and  overflowed,  or  tide  lands,  above  low 
tide,  must  make  an  atfldavit  and  file  the  same  in 
the  office  of  the  Surveyor  General  of  the  State, 
that  he  is  a  citizen  of  the  United  States,  or  has 
filed  his  intention  to  become  so;  a  resident  of  the 
State,  of  lawful  age;  that  he  desires  to  purchase 
lands  (describing  them)  under  the  law  providing 
for  the  sale  of  swamp  and  overflowed  and  tide 
lands;  that  he  does  not  Ivuow  of  any  valid  claim 
to  the  same,  other  than  his  own;  and,  if  the  land 
is  swamp  and  overflowed,  that  he  Icnows  the  land 
applied  for  and  the  exterior  bounds  thereof,  and 
knows,  of  his  own  knowledge,  that  there  are  no 
settlers  tliereon;  or,  if  there  are.  tiiat  tiie  land  has 
been  segregated  more  than  six  montlis  by  au- 
thority of  the  United  States,  and  that  the"  land 
wliich  he  now  owns  (swamp  and  overflowed),  to- 
gether with  that  sought  to  bo  purchased,  does  not 
exceed  six  hun(h-ed  and  forty  acres.  [Amend- 
ment approved  March  2S.  1874;  Amendments 
1S73-4,  p.  140.     In  effect  March  28,   1874.] 

Bona  fide  settlers— under  homestead  or  pre-emp- 


§§  3444-3446  Public  Lands.  684 

tion  claims,  protected:  See  act  in     Stats.  1881,  p. 
73.  amending  act  in  Stats.  1874,  p.  327. 

§  3444.  If  the  applicant  is  a  female,  such  affi- 
davit must  also  show  that  she  is  entitletl  to  pur- 
chase real  estate  in  her  own  name. 

§  3445.  Any  person  desiring  to  purchase  lands, 
as  provided  in  section  three  thousand  four  hun- 
dred and  forty-three  of  this  Code,  which  have 
been  segregated  by  authority  of  the  United  States, 
but  which  have  not  been  sectionized  by  the  same 
authority,  must  apply  to  the  Surveyor  of  the  coun- 
ty in  which  the  land  is  situated,  to  have  the  land 
whicli  he  desires  to  purchase  surveyeil,  and  a  cer- 
tificate of  such  siu-vey  must  be  attached  to  the 
affidavit  requix'ed  for  the  purchase  of  lands,  as 
provided  in  said  section.  All  surveys,  required  of 
County  Surveyors  by  the  provisions  of  this  sec- 
tion, must  conform,  as  nearly  as  practicable,  to 
the  system  adopted  by  the  United  States  for  the 
survey  of  the  public  lands.  [Amendment  ap- 
proved March  28,  1874;  Amendments  1873-4,  p. 
141.    In  effect  March  28,  1874.] 

§  3446.  Whenever  the  holders  of  title  or  evi- 
dence of  title  representing  one-half  or  more  of 
any  body  of  swamp  and  overflowed,  salt  marsh, 
or  tide  lands,  susceptible  of  one  mode  of  reclama- 
tion, desire  to  reclaim  the  same,  they  may  pre- 
sent to  the  Board  of  Supervisors  of  the  county 
in  whicli  the  lands  or  the  greater  part  ther€K)f  are 
situated,  at  a  regular  meeting  of  the  Board,  a  pe- 
tition, setting  forth  that  they  proi>ose  to  form  a 
district  for  tiie  reclamation  of  the  same,  a  descrip- 
tion of  the  lands  by  legal  subdivisions  or  other 
boundaries,  the  county  in  which  they  are  situated, 
the  number  of  acres  in  the  proposed  district  and 
in  each  tract,  with  the  names  (if  known)  of  the 
oAvners  thereof,  and  designating  as  imsold  any 
lands  not  reduced  to  private  ownership.  [Amend- 
ment approved  March  30.  1874:  Amendments 
1873-4,  p.  4.5.     In  effect  July  6.   1874.] 

Reorganization  of  district  under  the  code:  See 
sec.   3478.  post. 

Reclnmation  district  a  public  corporation:  See 
sec.  3452.  post. 


085  rublie  Lauds.  §§  344:7-o451 

§  3447.  The  petition  must  be  verified  by  the 
afiidavit  of  one  of  the  petitioners,  and  must  be 
published  for  four  weelis  next  preceding  the  hear- 
ing: thereof,  in  some  newspaper  published  in  the 
county  in  which  the  lands  are  situated;  or,  if 
there  is  no  newspaper  published  in  the  county, 
then  it  must  be  publishetl  in  some  newspaper  hav- 
ing a  general  circulation  in  the  county,  and  an 
affidavit  of  publication  must  be  filed  with  such 
petition. 

§  3448.  When  a  district  is  situated  partly  in 
different  counties,  the  trustees  must,  after  the  pe- 
tltiou  has  been  granted,  forward  a  copy  thereof  to 
the  Clerlv  of  the  Board  of  Supervisors  of  each 
of  the  counties  in  which  any  portion  of  the  district 
may  lie;  and  the  Board  to  whicli  the  same  is  for- 
warded must  not  allow  another  district  to  be 
formed  within  such  district,  imless  with  the  eon- 
sent  of  the  Trustees  thereof. 

Boards  of  Supervisors  of  Yolo  and  Solano 
Counties— may  approve  any  petition  presented 
pursuant  to  sees.  3446  and  3447,  whether  lands 
form  part  of  another  district  or  not:  See  Stats. 
1874,  p.  602. 

§  3449.  If  the  Board  of  Supervisors  find,  on 
the  hearing  of  the  petition,  that  its  statements  are 
correct,  they  must  make  an  order  approving  the 
same.  If  it  be  shown  that  any  land  has  been 
improperly  included  in  or  excepted  from  the  pro- 
posed district,  they  must  re-form  the  district  in 
such  respects  in  their  order.  Tlie  order  of  ap- 
proval must  be  indorsed  on  or  attaclied  to  the  pe- 
tition, and  be  signed  by  the  Presi<lent  and  attest- 
ed by  the  Clerk  of  the  Board.  [Amendment  ap- 
proved March  30,  1874;  Amendments  1873-4,  p. 
45.     In  effect  July  6,  1874.  J 

§  3450.  The  petition  must  then  be  recorded  by 
the  County  Ivecordei-  in  a  boolc  Icept  for  tlie  pur- 
pose of  recording  papers  relating  to  reclamations, 
and  a  certified  copy  thereof  forwarded  to  the  Reg- 
ister. 

§  3451.    The   Register  must  tliereupon   forwai'd 
to  Ihe  County  Treasurer  a  slatemeTit  chowing  the 
names  of  purcliasers  of  land  in  the  district,  who 
rol.  Code— 58. 


§§  3452-3453  Public  Lands.  686 

have  paid  in  full  therefor.  [Amendment  ap- 
proved March  80,  1874;  Amendments  1873-4,  p.  46. 
In  effect  July  6,  1874.] 

§  3452.  After  the  approval  of  the  petition,  the 
owners  of  land  embraced  in  the  district,  or  those 
owning  a  majority  in  acreage  thereof,  must 
adopt  by-laws,  not  inconsistent  with  the  laws  of 
the  State, -for  the  government  and  control  of  the 
affairs  of  the  di.strict.  The  by-laws  thus  adopted 
must  be  signed  by  the  holders  of  certiflcates  of 
purchase,  patents,  or  other  evidences  of  title,  rep- 
resenting a  majority  in  acreage  of  the  land  em- 
braced in  the  district,  and  must  be  by  them  filed 
for  record  with  the  County  Recorder  of  the  coun- 
ty, and  by  him  recorded  in  a  booli  kept  by  him 
for  the  purpose  of  recording  instruments  and 
writings  relating  to  reclamation.  By-laws  thus 
adopted  may  be  amended  at  any  time  in  the  same 
manner  that  the  original  by-laws  were  adopted. 
[In  effect  March  24,  1887.] 

^^'ith  respect  to  the  powers  of  the  trustees:  See 
sees.  3454,  3471.  Election  of  trustees:  See  sec. 
3491,  post. 

§  3453.  After  the  approval  of  the  petition  and 
the  adoption  of  by-laws,  the  Board  of  Supeiwisors 
of  the  county  where  tlie  district  was  formed,  on 
the  application  of  a  laud  owner  of  the  district, 
must  call  an  election  in  compliance  with  the  pro- 
visions of  section  thirty-four  hundred  and  ninety- 
one  of  this  Code,  at  wliich  election  there  must  be 
elected,  under  and  in  pursuance  of  the  provisions 
of  said  section  thirty-four  hundred  and  ninety- 
one,  three  eligible  persons,  who  shall  constitute, 
when  elected  and  qualified,  the  Board  of  Trustees 
of  the  district,  for  the  management  of  the  affairs 
thereof,  and  who  shall  hold  office  for  two  years 
next  succeeding  their  election,  and  until  their  suc- 
cessors are  elected  and  qualified.  The  Board  of 
Trustees  must  keep  an  office  in  or  near  the  dis- 
trict for  the  transaction  of  the  business  thereof, 
and  the  books,  maps,  papers,  records,  contracts, 
and  other  documents  pertaining  to  the  affairs  of 
the  district  must  be  open  to  inspection  by  any  per- 
son interestetl  at  all  times.  [In  effect  March  24. 
1887.] 


687  Public  liRiKls.  §§  3454, 3455 

§  3454.  The  board  of  trustees  sball  have  power 
to  elect  one  of  its  members  president  thereof;  to 
emj)loy  engineers  and  others  to  survey,  plan,  lo- 
cate, and  estimate  the  cost  of  the  works  neces- 
sary for  the  reclamation  of  the  lands  of  the  dis- 
trict; to  thereafter,  at  any  time,  in  its  discretion, 
modify  or  change  such  original  plan  or  plans,  or 
adopt  new,  supplemental,  or  additional  plan  or 
plans,  when,  in-  its  judgment,  the  same  shall  have 
hecome  necessary;  to  acquire,  by  purchnsc  con- 
demnation, or  otherwise,  the  right  of  way,  and 
the  right  to  take  material  for  the  construction  of 
all  works  necessary  for  the  accomplishment  of 
that  object,  including  drains,  canals,  sluices,  bulk- 
heads, water-gates,  levees,  and  embankments,  and 
to  construct,  maintain  and  keep  in  repair  all  works 
requisite  and  necessary  to  that  end;  and  to  do  all 
other  acts  and  things  necessary  or  required  for 
the  reclamation  of  the  lands  embraced  in  the  dis- 
trict. And  the  several  members  of  the  board  shall 
each  be  entitled  to  receive  for  actual  and  neces- 
sary services  performed,  and  for  expenses  incur- 
red by  them,  respectively,  for  and  in  the  interest 
of  the  district,  such  compensation  as  the  board  may 
determine  to  be  just  and  reasonable,  and  shall  al- 
low, and  the  same  shall  constitute  an  indebted- 
and  out  of  the  same  fund  as  other  warrants  of  the 
trict  must  be  drawn  and  paid  in  the  same  manner 
and  out  of  the  same  fund  as  other  warrants  of  the 
district:  provided,  that  no  warrant  thus  drawn 
shall  be  valid  until  approved  by  the  Board  of  Su- 
pervisors of  the  proper  county.  [Amendment  ap- 
proved March  81,  1891;  Stats.  1891,  p.  436.  In  ef- 
fect immediately.] 

§  3455.  The  Board  of  Trustees  must  report  to 
the  Board  of  Supervisors  of  the  county,  or  if  the 
district  is  in  more  than  one  county,  then  to  the 
Board  of  Supervisors  of  each  county,  in  which  any 
portion  of  the  district  is  situated,  such  original 
plan  or  plans  of  the  work;  and  every  such  new. 
supplemental,  or  additional  plan,  if  any,  together 
with  estimates  of  the  cost  of  tlie  works  ncct'ssai-y 
for  the  reclamation  of  the  lands  of  the  district  in 
pursuance  of  any  such  plan  or  plans;  together, 
also,  with  estimates  of  incidental  expenses  of  su- 
perintendence, repairs,  and  the  cost  of  collection 
of  assessment,  etc.    [Amendment  approved  March 


§§  3456-3459  Public  Lands.  688 

31,  1891;    Stats.  1891,  p.  4.36.    In    effect    immedi- 
ately.] 

§  3456.  The  Board  by  which  the  district  was 
formed  must  appoint  three  Commissioners,  disin- 
terested persons,  residents  of  the  county  in  which 
Mip  I  istrict,  or  some  part  thereof,  i^ 
must  view  and  assess  upon  the  lands  situated 
Avithin  the  district  a  charge  proportionate  to  the 
whole  expense  and  to  the  benefits  which  will 
result  from  such  works,  and  estimate  it  in  gold 
and  silver  coin  of  the  United  States.  The  same 
must  be  collected  and  paid  into  the  County  Treas-  • 
ury  as  hereinafter  provided,  and  be  placed  by  the 
Treasurer  to  the  credit  of  the  district,  and  paid 
out  for  the  worlis  of  reclamation  upon  the  war- 
rants of  the  Trustees,  approved  by  the  Board  of 
Supervisors  of  the  county.  [Amendment  ap- 
proved March  30.  1874;  Amendments  1873-4,  p.  46. 
In  effect  July  6,   1874.] 

Collection  of  assessments:  See  sec.  3466,  post. 

§  3457.  The  warrants  drawn  by  the  Trustees 
must,  after  they  are  approved  by  the  Board  of 
Supervisors,  be  presented  to  the  Treasurer  of  the 
county,  and  if  they  are  not  paid  on  presentation, 
such  in;lorsement  must  be  made  thereon,  and 
they  must  be  registered  and  bear  interest  from  the 
date  of  presentation;  provided,  wan-ants  hereto- 
fore issued  shall  bear  no  interest.  [Amendment 
approved  March  30,  1874;  Amendments  1873-4,  p. 
47.     In  effect  July  6,  1874.] 

§  3458.  If  a  district  is  situated  partly  In  differ- 
ent counties,  the  charge  miist  be  paid  into  the 
Treasury  of  the  county  in  which  the  particular 
tract  may  be  situated. 

§  3459.  If  the  original  assessment  is  insuffi- 
cient to  provifle  for  the  complete  reclamation  of 
the  lands  of  the  district,  or  if  further  assessments 
are  from  time  to  time  required  to  provide  for  the 


689  Public   Lands.  §§  3460-3462 

protection,  maintenance,  and  repair  of  the  re- 
clamation works,  the  Trustees  must  present  to  the 
Board  of  Supervisors  by  which  the  district  was 
formeil,  a  statement  of  the  work  done,  or  to  be 
done,  and  its  estimated  cost,  and  the  Board  must 
malve  an  order  directing  the  Commissioners  who 
made  the  orlj^inal  assessment,  or  other  Commis- 
sioners, to  be  named  in  such  order,  to  as- 
sess the  amount  of  such  estimated  cost  as  a 
charge  u])on  the  lands  within  the  district,  which 
assessment  must  be  made  and  collected  in 
the  same  manner  as  the  original  assessment. 
[Amendment  approved  March  30.  1874:  Amend- 
ments 1873-4,  p.  47.    In  effect  July  6,  1874.] 

§  3460.  The  Commissioners  appointed  by  the 
Board  of  Supervisors  must  make  a  list  of  the 
charges  assessed  against  each  tract  of  land;  and 
if  there  be  any  error  or  mistake  in  the  descrip- 
tion of  the  land,  or  in  the  name  of  the  owner,  or  if 
any  land  which  should  be  assessed  has  been  or 
shall  be  omitted  from  the  list,  or  if  there  is  any 
error  or  mistalce  in  any  other  respect,  the  commis- 
sioners shall  amend  or  correct  the  same  at  any 
time,  either  before  or  after  the  lists  shall  have 
been  filed  with  the  treasurer  of  the  county. 
[Amendment  approved  March  31.  1891;  Stats. 
1891,  p.  286.     In  effect  in\mediately.] 

§  3461.    The  list  must  contain: 

1.  A  description  by  legal  subdivisions,  swamp 
land  surveys,  or  natural  boundaries  of  each  tract 
assessed. 

2.  The  number  of  acres  in  each  tract. 

3.  The  names  of  the  owners  of  each  tract,  if 
known;  and   if  unknown,   tliat   f.act. 

4.  The  amount  of  the  charge  assessed  against 
each  tract.  [Amendment  approved  March  30, 
1874;  Amendments  1873-4.  p.  49.  In  effect  July  6, 
1874.] 

§  3462,  The  list  so  made  must  be  filed  with 
the  Treasurer  of  the  county,  or  if  the  district  is 


§§  3463-3466  Public  Lands.  690 

situated  in  different  counties,  then  tlie  original 
list  must  be  filed  in  the  county  where  the  i)etition 
was  filed,  and  copies  thereof,  certified  by  the  Com- 
missioners, must  be  filed  with  the  Treasurer  of 
each  of  the  other  counties.  [Amendment  approved 
March  30,  1874;  Amendments  1873-4.  p.  47.  In  ef- 
fect July  6,  1874.] 

§  3463.  P^rom  and  after  the  filing  of  the  list,  or 
certified  copy  thereof,  the  charges  assessed  upon 
any  tract  of  land  within  the  county  constitute  a 
lien  thereon. 

§  3464.  When  the  list,  or  a  certified  copy  there- 
of, is  filed,  the  Treasurer  must  ci'edit  thereon,  to 
each  purchaser  who  has  paid  in  full  for  his  land, 
eighty  cents  per  acre,  less  any  amount  chargeable 
against  him,  and  must  transfer  the  amount  to  the 
credit  of  the  district.  [Amendment  approved 
March  30,  1874;  Amendments  1873-4,  p.  48.  In 
effect  July  6,  1874.] 

§  3465.  The  lists  thus  prepared  and  filed  must 
remain  in  the  otfice  of  the  Treasurer  for  thirty 
days,  or  longer,  if  ordered  by  the  Board  of  TYus- 
tees;  and  during  the  time  they  so  remain  any  per- 
son may  pay  the  amount  of  the  charge  assessed 
against  any  tract  of  laud  to  the  Treasurer,  in  gold 
coin  of  the  United  States,  or  in  warrants  of  the 
district  drawn  by  order  of  the  Trustees  thereof, 
and  approved  by  the  Board  of  Supervisoi'S  of  the 
county.  Where  payment  is  made  in  the  warrants 
of  the  district,  legal  interest  must  be  computed 
thereon  from  the  date  thereof  to  the  time  of  such 
payment,  when  said  warrants  must  be  surrender- 
ed to  the  Treasurer  and  by  him  canceled. 
[Amendment  approved  April  3,  1876;  Amend- 
ments 1875-6,  p.  57.     In  effect  April  3,  1876.] 

§  3466.  At  the  end  of  thirty  days,  the  treasurer 
must  return  the  list  to  the  board  of  trustees  of  the 
district,  and  all  unpaid  assessments  shall  bear  le- 
gal interest    from    the  date  of    the  return  of  the 


691  Public   Lands.  §  3466 

list  to  said  board,  and  shall  thereatter  be  collected 
and  paid  in  separate  installments,  of  such 
amounts  and  at  such  times,  respectively,  as  the 
board,  from  time  to  time,  in  its  discretion,  may, 
by  order  entered  in  its  minutes,  direct;  and  a 
cause  of  action  for  the  collection  of  any  such  in- 
stallment shall  accrue  at  the  expiration  of  twenty 
days  from  the  date  of  the  order  directing  its  pay- 
ment; provided,  that  if  any  such  installment  shall 
remain  unpaid  at  the  expiration  of  said  twenty 
days,  then  the  whole  of  the  assessment  against 
the  land  owned  by  the  person  failing  to  pay  such 
installment  shall  become  due  and  payable  at  once, 
and  may,  in  the  discretion  of  the  board,  be  col- 
lected immediately,  in  one  and  the  same  action. 
The  board  of  trustees  of  the  district  must  com- 
mence actions  for  the  collection  of  such  delin- 
quent installments  and  delinquent  assessments, 
with  interest  thereon,  and  costs,  and  for  the  en- 
forcement of  the  lien  on  the  land  assessed,  in  the 
Superior  Court  of  the  county  in  whch  the  land  is 
situated,  against  the  person  to  whom  the  same 
shall  have  been  assessed;  and  if  assessed  to  "un- 
known owners,"  then  against  the  real  owners,  giv- 
ing a  full  description  by  legal  subdivisions  or  defi- 
nite boundaries,  and  all  persons  having  or  claim- 
ing any  interest  therein,  by  fictitious  names;  or  if 
the  person  to  whom  the  land  was  assessed  shall 
have  conveyed  the  same  to  any  other  person  or 
persons  subsequently  to  the  levy  of  such  assess- 
ment, and  such  other  person  or  persons  shall  l)e 
known  to  the  board  of  trustees  of  the  district  to 
be  the  owner  or  owners  of  the  laud  at  the  date  of 
the  commencement  of  the  action,  or  if,  at  the 
date  of  the  commencement  of  the  action,  the  own- 
er of  the  laud  assessed  to  "unlvnown  owners"  shall 
be  known  to  the  board,  then  (in  either  of  the  last- 
mentioned  two  events)  against  the  then  owner  or 
owners  of  the  land  assessed.  Service  of  complaint 
and  summons  in  such  action  may  be  made,  eitlier 
in  the  manner  prescribed  by  the  Code  of  Civil 
Procedure,  or  if  the  owner  is  unknown  or  cannot 


§§  3467-3469  Public   Lands.  692 

be  found,  by  posting  a  copy  of  the  summons  at  the 
court-house  door,  and  publishing  the  same  once  a 
week  for  four  successive  weeks  in  a  newspaper 
published  in  the  county;  and  such  posting  and  pub- 
lication is  equivalent  to  personal  service  on  all 
persons  having  or  claiming  any  right,  title,  or  in- 
terest in  tlie  land  assessed  to  unknown  owners, 
whether  named  as  a  party  in  such  action  or  not. 
Proof  of  such  posting  and  publication  must  be 
made  by  the  certificate  of  the  sheriif,  or  the  affi- 
davit of  the  party  making  the  service.  In  case 
the  service  be  made  by  posting  and  publication, 
the  defendant,  or  any  person  claiming  any  interest 
in  the  land  assessed,  may  appear  and  answer  the 
complaint  within  forty  days  after  the  expiration 
of  the  four  weeks  of  posting  and  publication.  As- 
sessments on  several  tracts  may  be  included  in 
the  same  action,  if  listed  to  the  same  person.  In 
all  actions  for  the  collection  of  delinquent  assess- 
ments, the  court  may  decree  and  adjudge  a  lien 
against  each  tract  for  the  amount  assessed  against 
the  same,  and  may  order  it  to  be  sold  on  execution 
or  decree,  as  in  other  cases  of  sale  of  real  estate. 
The  judgment  or  decree  must  direct  that  the  sale 
be  made  for  gold  and  silver  coin  of  the  United 
States.  The  board  of  trustees  must  pay  the 
moneys  collected  to  the  county  treasurer,  who 
must  place  the  same  to  the  credit  of  the  district. 
[Amendment  approved  March  31,  1891;  Stats. 
1891,  p.  288.] 

§  3467.  The  work  necessaiy  for  reclamation 
must  be  executed  under  the  direction  and  in  the 
manner  prescribed  by  the  Board  of  Trustees. 

§  3468.  The  Board  must  keep  accurate  ac- 
coimts  of  all  expenditures,  Avhich  accounts,  and 
all  contracts  that  may  be  made  by  them,  are  open 
to  the  inspection  of  the  Board  of  Supervisors  and 
every  person  interested. 

§  3469.  The  purchaser  of  any  tract  of  land 
which  may  be  unsold  in  any  reclamation  district 


(JU3  Public  Lands.  §§  3470-3472 

at  the  date  of  filing  of  the  by-laws  takes  the 
same,  subject  to  all  the  provisions  of  such  by- 
laws, and  to  the  charges  assessed  in  pursuance 
thereof, 

§  3470.  Such  purchaser  has  all  the  rights  and 
privileges  enjoyed  bj'  the  original  signers  of  the 
by-laws,  if  he  pays  into  the  County  Treasury 
twenty  per  cent,  of  the  principal;  one  year's  inter- 
est on  the  remaining  eighty  per  cent,  and  any 
charges  assessed  against  the  land  so  purchased 
for  the  cost  and  expense  of  reclamation,  with  in- 
terest thereon  from  the  date  such  charges  became 
due. 

§  3471.  The  Trustees  of  any  reclamation  dis- 
trict in  wliich  tlie  by-laws  have  been  filed,  may 
acquire  rights  of  way  foT  canals,  drains,  em- 
bankments, and  other  worlv  necessary  to  the 
reclamation,  and  may  take  materials  for  the 
constructioii,  maintenance,  and  repair  thereof, 
from  lands  outside  of  as  well  as  within 
the  limits  of  the  disti'ict;  and  if  the  Trus- 
tees cannot  procure  the  consent  of  the  owner 
of  the  lands  or  material  needed,  they,  or,  the  Pres- 
ident acting  in  their  l^ehalf,  may  proceed  under 
the  provisions  of  Title  VII,  Part  III,  of  the  Code 
of  Civil  Procedure,  for  the  condemnation  tliereof. 

Reclamation  district— Powers  of  Board  of  Trus- 
tees: Sec.  3454. 

Condemnation  of  property  for  reclamation  pur- 
poses—pursuant to  Code  Civ.  Proc:  See  in  same, 
Eminent  Domain,  sees.  12.37-1263. 

§  3472.  Whenever  any  district,  susceptible  of 
one  mode  of  reclamation,  is  entirely  owned  by 
parties  who  desire  to  reclaim  the  same,  and  to 
manage  the  i-eclamation  Avithout  the  intervention 
of  trustees  or  the  establishment  of  by-laws,  they 
may  file  the  petition  provided  for  in  sections  thir- 
ty-four hundred  and  forty-six  and  tliirty-four  hun- 
dred and  forty-seven,  and  must  state  therein  that 
they  intend  to  undertalce  the  reclamation  on  their 


§§  3473-3475  Public  Lands.  694 

own  responsil)ility.  The  existence  of  a  reclama- 
tion district  formed  to  operate  without  the  inter- 
vention of  trustees  shall  not  have  the  effect  to 
prevent  the  owners  of  the  land  included  in  such 
district  from  forming  a  district  to  operate  with 
trustees,  and  such  owners  may  present  to  the 
Board  of  Supervisors  the  petition  provided  for  in 
section  thirty-four  hundred  and  forty-six  or  in 
section  thirty-four  hundred  and  ninety-two,  and 
the  presentation  of  such  petition  shall  be  deemed 
an  abandonment  and  sin-render  of  the  rights,  im- 
munities, and  privileges  conferred  upon  such  own- 
ers or  their  predecessors  or  predecessor  in  interest 
in  such  land  by  the  creation  of  such  original  dis- 
trict. [Amendment  approved  March  27,  1897; 
Amendments  1897,  chap,  exxxlv.  In  effect  imme- 
diately.] 

§  3473.  If  the  petition  is  gi'anted.  the  owners 
of  the  lands  have  all  the  rights,  immunities,  and 
privileges  granted  to  Boards  of  Trustees;  and  in 
all  proceedings  the  names  of  tlie  owners  may  be 
used  instead  of  the  names  of  Trustees. 

§  3474.  Whenever  the  Supervisors  of  any  coun- 
ty in  which  any  reclamation  district  has  been 
formed,  certify  to  the  Register  that  works  of  re- 
clamation are  in  progress  upon  a  plan  and  in  con- 
formity with  the  requirements  hereinbefore  pro- 
vided, the  payment  of  interest  by  purchasers  in 
such  districts  is  suspended;  but  if  the  works  are 
not  completed  and  accepted  Avithin  four  years 
from  the  date  of  the  filing  of  the  petition, "  then 
interest  for  the  A\'hole  time  must  be  charged  and 
collected   by  the  Register. 

§  3475.  The  Supervisors  shall  have  power,  on 
application  of  the  Trustees  or  owners  of  any 
swamp  land  district,  to  approve  and  let  any  con- 
tract to  the  lowest  responsible  bidder,  and  order 
the  County  Treasurer  to  pay  for  the  same  out 
of   the  funds  of     the  district.     [Amendment  an- 


695  Public  Lands.  §§  3476,3477 

proved  March  30,  1874;  Amendments  1873-4,  p.  49. 
In  effect  July  6,  1874.] 


§  3476.  Whenever  the  Trustees,  or  owners  of 
land,  If  there  be  no  Trustees,  certify  under  oath 
to  the  Board  of  Supervisors  who  form  the  district 
and  show  to  their  satisfaction  that  the  worlis  of 
reclamation  are  completed,  or  tliat  two  dollars 
per  acre,  in  ijold  coin,  has  been  expended  on  tlie 
worlds  of  reclamation,  the  Board  of  Supervisors 
must  thereupon  certify  such  facts  to  the  Register. 
[Amendment  approver!  Marcli  30.  1874;  Amend- 
ments 1873-4,  p.  50.     In  effect  .July  6,   1874.] 

§  3477.  The  Register  must  thereupon  credit 
each  purchaser  in  the  district  with  payment  in 
full  for  such  lands,  and  the  purchasers  are  entitled 
to  patents  therefor;  and  the  Register  must  for- 
ward to  the  Treasurer  of  the  county  in  which  any 
part  of  the  district  is  situated,  a  statement,  show- 
ing the  amount  paid  by  each  purchaser  in  the  dis- 
trict, including  interest;  and  the  County  Treas- 
urer, after  deducting  all  amounts  chargeable 
against  the  lands  in  said  district  by  reason  of 
moneys  drawn  from  the  "Swamp  Laud  Fund"  of 
the  county,  must  divide  the  balance  pro  rata 
amongst  the  original  purchasers  of  land  in  tlie  dis- 
trict, or  their  assigns,  and  must  pay  to  each  pur- 
chaser, or  his  assigns,  on  demand,  the  amount 
found  to  be  due  him  from  such  computation,  out 
of  the  moneys  in  his  hands  to  the  credit  of  the 
"Swamp  Land  Fund"  of  the  coimty.  Neither  this 
nor  the  preceding  section  applies  to  districts  hav- 
ing outstanding  indebtedness  represented  by  Gon- 
.troller's  warrants  drawn  on  the  State  Treasury, 
until  all  such  warrants  are  fully  paid.  [Amend- 
ment approved  March  80.  1874:  Amendments 
1873-4,  p.  .50.     In  effect  .Tuly  0,  1874.] 

Credits  allowed  purchasers  of  reclaimed  lands: 
See  act  to  facilitate  equalization  of  assessments 
in  reclamation  districts.  Stats.  1881,  p.  70. 


§§  3478-3481  Public  Lands.  696 

Act  facilitating  equalization  of  assessments: 
See  General  Laws,  tit.  Reclamation  District. 

Swamp  land  funds — arising  from  sales,  distribu- 
tion of  in  the  several  county  treasuries:  Stats. 
1874,  p.  770. 

§  3478.  Districts  formed  under  laws  in  force 
prior  to  May  twenty-eighth,  eighteen  hundred  and 
sixly-eiglit,  may  reorganize  under  the  provisions 
of  this  chapter. 

Reorganization  and  consolidation — of  swamp 
land,  levee  and  reclamation  districts:  Sec.  ;^4s!t. 

§  3479.  But  if  such  districts  are  in  debt,  the 
Trustees  thereof  have  no  power  to  impair  or  de- 
stroy any  indebtedness  of  the  district  without 
the  consent  of  the  creditors,  but  may  make  any 
arrangement  with  the  creditors  for  tlie  surrender 
of  such  indebtedness  at  less  than  pai-,  and  if  au- 
thorized by  the  by-laws,  may  assess  a  charge  on 
the  property  of  the  district  for  the  payment 
thereof. 

Funding  the  indebtedness — of  reclamation  and 
levee  districts  under  charge  of  Reclamation  Fund 
Commissioners:   Stats.    1872,   p.   835. 

§  3480.  If  the  Trustees  of  any  district  referred 
to  in  the  preceding  section  redeem  the  bonds  and 
warrants  of  such  district,  they  may  select  any  un- 
sold lands  therein,  and  paj'  for  the  same  with  such 
bonds  or  warrants  at  par,  and  upon  such  payment 
the  Register  miist  issue  to  tliem  certificates  of 
purchase,  and  when  the  lands  have  been  reclaim- 
ed they  are  entitled  to  patents  thereof.  Such 
lands  may  be  sold  by  the  Trustees:  and  if  sold, 
the  proceeds  must  be  paid  into  the  Fund  of  the 
district. 

§  3481.  If  the  owners  of  Innds  i-epresenting 
more  than  two-thirds  of  any  body  of  lands  within 
any  reclamation  or  swamp  land  district,  and  in 
wliicli  tlie  lands  have  not  been  reclaimed,  desire 
to  have  the  said  body  of  lan<is  " 
district,  they  must,  in  addition  to  the  petition  re- 
quired by  section  three  thousand  four  hundred  and 
forty-six,  show  to  the  Board  of  Supervisors  that 


CJiT  I 'ill. lie    l;:iiuls.  §§  3482-3486 

the  said  body  of  lands  is  capable  of  au  independ- 
ent reclamation.  [Amendment  approved  April 
15,  1880;  Amendments  1880,  p.  61.  In  effect  April 
15,  1880.] 

§  3482.  The  district  as  set  off  shall  be  liable 
for  its  just  proportion  of  the  les'al  indebtedness  of 
the  original  district  from  which  it  was  set  off, 
when  the  same  shall  have  been  ascertained  by 
law.  [Amendment  approved  Marcli  16,  1874; 
Amendments  1873-4.  p.  142.  In  effect  March  16, 
1874.1 

§  3483.  All  districts  organized  under  this  chap- 
ter must  have  a  State  number,  and  the  Register, 
upon  the  receipt  of  a  copy  of  a  petition,  must 
number  the  same,  and  send  their  numljer  to  the 
County  Recorder  of  the  eovmty  from  which  the 
copy  came,  and  the  Recorder  must  number  the  pe- 
tition upon  record  in  lilve  manner,  and  the  district 
must  thereafter  be  Icnown  and  designated  there- 
by. Districts  organized  before  May  twenty- 
eighth,  eighteen  lumdred  and  sixty-eight,  may  re- 
tain their  number. 

§  3484.  No  meml)er  of  any  Board  of  Super- 
\isors  or  any  Clorlv  of  such  board  must  receive 
compensation,  other  than  his  regular  salary,  for 
services  performed  under  this  chapter;  but  the 
Board  of  Supervisors  of  Sacramento  county  may 
employ  a  Clerk  to  attend  to  matters  pertaining  to 
swamp  lands,  and  pay  sucli  Clerlv  by  orders  on 
the  Swamp  Land  Fund  of  the  district  for  which 
work  is  performed,  not  to  exceed  five  dollars  for 
each  day  he  is  actually  engaged. 

§  3485.  The  balance  of  the  principal  on  all 
lands  in  districts  having  an  outstanding  indelited- 
ness,  which  have  been  sold  for  five  years,  is  pay- 
able at  once;  and  on  all  lands  in  .such  districts 
whicli  have  been  sold  less  than  five  years,  the 
balance  is  payable  on  the  first  of  .January  follow- 
ing the  expiration  of  five  years  from  the  date  of 
sale. 

§  3486.    Any  person  owning  or  occupying  lands 
upon  the  banks  of  any  stream  where 'the  lands 
Pol.   Code— 59 


§§  8487,3488  Public  Lands.  698 

lying  back  of  such  stream  are  lower  than  the 
bank  thereof,  is  responsible  for  all  damages 
which  may  be  sustained  by  the  owners  or  occu- 
pants of  lower  lands  by  reason  of  any  cut  or  em- 
brasure made  in  the  bank  of  such  sti-eam  by  the 
owner  or  occupant  of  the  bank. 

§  3487.  If  such  cuts  were  made  for  the  pur- 
pose of  irrigation,  and  headgates  and  culverts 
have  been  made  which  competent  persons  consid- 
er sufficient  to  restrain  the  water,  and  where 
great  diligence  has  been  made  to  prevent  dam- 
age, these  facts  may  be  pleaded  and  proved,  in 
mitigation  of  damages. 

§  3488.  All  swamp  and  overflowed,  salt  marsh, 
and  tide  lands  within  one  mile  of  the  State  prison 
at  San  Quentin,  within  the  city  and  county  of 
San  Francisco,  city  of  Oakland,  or  within  'five 
miles  of  the  corporate  limits  of  either,  or  within 
two  miles  of  any  incorporated  city  or  town,  ex- 
cept as  to  cities  containing  not  less  than  twenty- 
five  thousand  nor  more  than  thirty  thousand  in- 
liabitants,  are  excluded  from  the  operation  of  this 
cliapter;  provided,  that  the  provisions  of  sections 
three  thousand  four  hundred  and  forty-six,  three 
thousand  four  hundred  and  forty-seven,  three 
thousand  four  hundred  and  forty-nine,  three  thou- 
sand four  hundred  and  fifty,  three  thousand 
four  hundred  and  fifty-two,  three  thousand  four 
hundred  and  fifty-three,  tliree  thousand  four  hun- 
dred and  fifty-four,  three  thousand  four  hundred 
and  fifty-five,  three  thousand  four  hundred  and 
fifty-six,  three  thousand  four  hundred  and  fifty- 
seven,  three  thousand  four  hundred  and  fifty- 
nine,  three  thousand  four  hundred  and  sixty, 
three  thousand  four  himdred  and  sixty-one,  three 
thousand  four  hundred  and  sixty-two,  three  thou- 
sand four  hundred  and  sixty-three,  three  thousand 
four  hundred  and  sixty-five,  three  thou- 
sand four  hundred  and  sixty-six,  three 
thousand  four  hundred  and  sixty-seven, 
three  thousand  four  hundred  and  sixty- 
eight,  three  thousand  four  hundred  and  seventy- 
one,  three  thousand  foiir  hundred  and  seventy- 
two,  three  thousand  four  hiindred  and  seventy- 
three  of  this  chapter  shall  be  applicable  to  any 
lands   situated   witliin  the  limits  of  any   munici- 


099  Public  Lands.  §  3489 

pality  in  the  State  of  California  of  the  first  class, 
namely,  having  a  population  of  more  than  one 
hundred  thousand,  and  also  cities  conta.ining  not 
less  than  twenty-five  thousand  nor  more  than 
thirty  thousand  inhabitants,  which  land  is  sub- 
ject to  overflow  or  incursions  from  the  tide  or  in- 
land waters  of  the  State,  in  any  manner;  and  dis- 
tricts may  be  formed,  as  in  said  sections  pro- 
vided, for  the  reclamation  tliereof,  and  said  lands 
reclaimed  thereunder.  The  duties  provided  for 
certain  county  officers  in  said  sections  shall  be 
performed  by  the  officers  of  such  municipality, 
whatever  may  be  their  title,  who  usually  perform 
lilce  duties.  The  trustees,  or  the  owners  indi- 
cated in  section  three  tliousand  four  hundred  and 
seventy-three,  shall  have  power  to  let  any  con- 
tract, and  conduct  the  operations  of  reclamation 
in  all  respects,  and  to  issue  warrants  therefor. 
The  lands  mentioned  and  described  in  "An  act  to 
survey  and  dispose  of  certain  salt  marsh  and  tide 
lands  belonging  to  the  State  of  California,"  ap- 
)>roved  March  thirtieth,  eighteen  liundred  and 
sixty-eight,  and  in  the  act  supplemental  and 
amendatory  thereto,  approved  April  first,  eighteen 
hundred  and  seventy,  must  be  disposed  of  as  in 
such  acts  provided,  which  are  hereby  continued 
in  force.  [Amendment  approved  March  31.  1891; 
Stats.  1891,  p.  215.     In  effect  immediately.] 

§  3489.  Swamp  land,  levee,  and  reclamation 
districts  formed,  organized,  or  erected  into  dis- 
tricts under  special  or  general  laws  heretofore  or 
now  in  force,  may  reorganize  and  consolidate  in 
the  manner  following:  Whenever  the  owners  of  a 
majority  of  acres  of  land  in  each  of  two  or  more 
swamp  land,  levee,  or  reclamation  districts,  shall 
desire  to  consolidate  and  reorganize,  they  may  do 
so  by  filing  a  notice  with  the  County  Recorder  of 
the  county  in  which  the  greatest  portion  of  the 
land  of  the  districts  is  situated,  setting  forth  that 

they  desire  to  consolidate  and  ro^ 

tice  must  give  the  exterior  boundaries  of  the  said 
district,  the  name  and  number  of  each  of  them. 
the  number  of  acres  of  land  that  each  contains, 
and  must  be  signed  by  the  persons  owning  the 
majority  of  acres  of  land  in  each  district,  and 
shall  designate  the  number  of     acres  owned  by 


§  3489  Public  Lands.  700 

each  signer  in  tbe  flistrict  in  wliicli  the  same  is 
situated.  The  County  Recorder  shall  record  and 
[saidV]  notice  in  a  booli  Ivept  for  the  purpose  of 
recording  papers  in  relation  to  swamp  land  and 
levee  districts.  He  shall  malie  a  certified  copy  of 
said  notice,  and  forward  tbe  same  to  tbe  State 
Land  Register,  who  shall  designate  a  number  for 
tbe  reorganized  district,  tbe  same  as  provided  for 
in  original  organizations,  after  wbicli  time  the 
district  shall  be  known  as   Iteclamation   District 

Nrjnber ,  and  shall  be  under  tbe  operation  and 

governed  by  tlie  general  reclamation  laws  of  the 
State,  as  provided  in  "Title  Eight,  Chapter  One," 
of  tbe  Political  Code,  and  the  acts  amendatory 
thereof;  and  all  proceedings  thereafter  shall  be 
tbe  same  as  though  said  district  was  organized 
upon  an  original  petition  and  granted  by  the 
Board  of  Supervisors;  provided,  however,  that 
such  consolidation  and  reorganization  shall  in  no 
manner  invalidate  tbe  indebtedness  of  the  orig- 
inal districts;  and  all  tlie  laws,  rules,  and  regula- 
tions for  tbe  assessing,  levying  and  collecting 
taxes  or  assessments  in  said  district  shall  remain 
and  be  in  full  force,  and  all  levies,  assessments 
and  collections  required  for  tbe  payment  of  the 
then  outstanding  indebtedness  in  said  districts, 
shall  be  tbe  same  as  though  they  bad  not  con- 
solidated and  reoi-ganized  until  such  indebtedness 
shall  be  paid  and  liquidated.  The  owners  of  a 
majority  of  acres  of  land  in  a  compact  form,  ca- 
pable of  being  embraced  in  a  swamp  land  or  re- 
clamation district  contiguous  thereto  and  not  a 
part  of  another  district,  may,  by  consent  of  the 
Trustees  of  such  district,  have  such  land  em- 
braced within  such  district,  by  filing  a  notice  with 
tlie  County  Recorder  of  tbe  county  in  which  such 
district  is  organize^l;  the  notice  must  give  the  ex- 
terior boundaries  of  said  land,  the  number  of 
acres  of  land  therein,  as  near  as  may  be,  and  must 
be  signed  by  tbe  persons  owning  the  majority  of 
acres  of  laud  therein:  and  there  shall  be  attached 
thereto  or  indorsed  thereon  a  written  consent  of 
the  Trustees  of  said  district  that  said  land  be  em- 
braced therein.  Said  notice  shall  be  filed  with  the 
County  Recorder  of  tlio  county  aforesaid,  and  re- 
coi-ded  by  him  in  a  book  kept  for  that  purpose. 
For  the  time  of  filinsr  of  such  notice,  said  land 


701  Public  Lands.  §§  3490,3491 

shall  become  and  be  held  as  a  part  of  such  dis- 
trict; provided,  that  the  reorganization  and  con- 
solidation of  any  two  or  more  districts  under  the 
provisions  of  this  act  shall  not  be  so  construed  as 
to  legalize  the  original  organization  of  any  said 
districts  reorganized  and  consolidated  under  this 
act;  nor  shall  any  indebtedness  or  any  act  of  any 
of  said  districts,  or  the  officers  thereof,  prior  to 
the  act  of  reorganization  and  consolidation,  be 
legalized  by  this  act;  provided,  further,  that  no 
land  not  included  iu  some  of  the  original  districts 
shall  be  included  in  the  reorganization  and  con- 
solidation without  the  consent  of  the  owner.  Nor 
shall  any  land  purcliased  of  the  United  States 
government  be  included  in  the  reorganization  and 
consolidation  without  the  consent  of  tlie  owner 
thereof,  althougii  the  said  government  land  may 
have  been  included  in  some  of  the  original  dis- 
tricts. [Amendment  approved  ^Nlarcli  80,  1878; 
Amendments  1877-8,  p.  62.  In  effect  in  sixty 
days.] 

Districts  formed  before  Code  are  subject  thereto: 
See  General  Laws,  tit.  Reclamation  Disti-icts. 

§  3490.  Any  person,  who  shall  cut,  injure,  or 
destroy  any  levee  or  other  worivs  of  reclamation 
in  any  district,  is  responsible  for  all  damages 
which  may  be  occasioned  thereby  to  such  levee 
worliS;  and  an  action  tlierefor  must  be  brought  in 
the  Superior  Court  of  the  county,  or 
either  of  the  counties  in  w^hich  such 
levee  or  Avorlvs  are  situated,  in  the  names  of  the 
Trustees  of  the  district.  If  there  be  no  Trustees, 
then  the  action  may  be  brought  in  the  name  of 
any  land-owner  in  the  district.  The  amount  re- 
covered in  such  action  must  be  paid  to  the  Treas- 
lu-er  of  the  county,  who  must  place  the  same  to  the 
credit  ot  the  district.  [Amendment  approved 
April  3,  1880;  Amendments  1880,  p.  23.  In  effect 
April  3.  1880.1 

Injuries  to  levees  or  otlier  works  of  reclama- 
tion—by mobs  or  riots:  Sec.  44.57:  punishment  for 
such  and  kindred  offenses.  Penal  Code,  sec.  607. 

§  3491.  In  each  reclamation  district  in  this 
State,  formed  under  this  Code  or  any  statute, 
there  sliall  be  an  election  every  two  years,  held  at 
such  time  and  place,  in  or  near  the  district,  and 


§  3491  rublic  Lands.  702 

after  such  notice  as  the  Board  of  Supervisors 
shall  direct;  provided,  that  the  notice  shall  not 
be  less  than  one  month,  and  at  such  election  each 
bona  fide  owner  of  lands  in  the  district  shall  be  en- 
titled to  vote  in  person  or  by  proxy,  and  shall  have 
right  to  cast  one  vote  for  each  one  dollar's  worth 
of  real  estate  owned  by  him  or  her  in  the  district, 
the  value  thereof  to  be  determined  from  the  next 
preceding  assessment  roll  of  the  county,  and  a 
majority  of  the  votes  cast  at  such  election  shall 
elect.  In  all  elections  for  Trustees  every  owner  of 
real  estate  shall  have  the  riglit  to  cumulate  his 
or  her  votes,  and  give  one  candidate  as  many  votes 
as  the  number  of  Trustees  to  be  elfn 
by  the  number  of  dollars'  woilh  of  real  estate 
owned  by  him  or  her  shall  equal,  or  to  distribute 
them  on  the  same  principle  among  as  many  can- 
didates as  he  shall  thinli  fit.  The  Board  of  Super- 
visors to  which  the  petition  for  the  formation  of 
the  disti'ict  was  presented  shall,  upon  the  applica- 
tion of  any  landholder  in  the  district,  appoint  a 
time  and  place  for  holding  suc-h  election,  which 
election  shall  be  held  within  sixty  days  from  the 
time  of  such  application:  the  place  shall  in  all 
cases  be  in  or  near  the  district.  Notice  of  such 
election  shall  be  given  by  publication  for  not  less 
than  one  month  in  a  newspaper  in  each  county  in 
which  any  portion  of  tlie  lands  of  the  district  are 
situated,  if  any  newspaper  is  published  therein, 
and  if  not,  then  in  a  newspaper  having  general  cir- 
culation in  such  county.  The  Trustees  elected  un- 
der the  provisions  of  section  three  thousand  four 
hundred  and  fifty-two  shall  hold  office  until  their 
successors  are  elected  under  the  provisions  of  this 
section.  For  the  purposes  of  such  election  the 
Board  of  Supei'visors  of  tlie  county  in  which  the 
whole  or  the  largest  part  of  the  lands  of  any  dis- 
trier  are  situate,  must  appoint  from  the  land- 
holders of  the  district  one  Inspector  and  two 
Judges  of  Election,  Avho  shall  constitute  a  Board 
of  Election  for  such  district;  but  in  case  the  Boai'd 
of  Supervisors  fail  to  appoint,  or  tlie  persons  ap- 
pointed fail  to  attend  at  the  time  and  place  ap- 
pointed for  the  election,  the  voters  present  at  the 
time  and  place  of  opening  the  polls  may  appoint 
the  Board,  or  siipply  tlie  iilaoe  of  an  absent  mem- 
ber thereof.  Each  member  of  the  Board  must, 
upon  entering  upon  his  duties,  be  sworn  to  a  faith- 


703  Public   Lands.  §  3492 

ful  performance  thereof  by  some  officer  author- 
ized to  administer  oaths.  The  Board  of  Election 
must  canvass  the  votes  cast  and  issue  certificates 
of  election  to  the  persons  elected,  and  must  place 
the  ballots,  when  canvassed,  in  an  envelope  and 
forward  the  same,  sealed,  to  the  Clerk  of  the 
Board  of  Supervisors.  Any  legally  qualified  voter 
may  challenge  any  vote,  and  the  Board  of  Elec- 
tion shall  determine,  by  the  oath  of  the  parties  or 
otherwise,  as  they  may  thiulv  proper,  whether  or 
not  the  person  challenged  is  entitled  to  vote,  and 
in  case  of  challenge,  either  one  of  the  Board  of 
Election  is  hereby  authorized  to  administer  oaths. 
The  polls  shall  be  open  from  ten  A.  M.  until  four 
P.  M.  In  case  of  vacancy  in  the  Board  of  Trus- 
tees, the  Board  of  Supervisors  shall,  by  appoint- 
ment, fill  such  vacancy.  [New  section  approved 
April  15,  1880;  Amendments  1880,  p.  60.  In  effect 
April  15,  1880.] 

Act  relating  to  appeals  from  orders  relating  to 
disti'icts:  See  General  Laws,  tit.  "Reclamation." 

§  3492.  The  holders  of  title  or  evidences  of  ti- 
tle representing  any  body  of  swamp  and  overflow- 
ed, salt,  marsh,  or  tide  lands,  susceptible  of  one 
mode  of  reclamation,  and  already  reclaimed,  or  in 
progress  of  reclamation,  and  not  included  in  any 
existing  reclamation  district,  who  may  desire  to 
form  a  I'eclamation  district  for  tlie  maintenance, 
protection,  and  repair  of  the  reclamation  works, 
in,  upon,  or  appertaining  to  such  body  of  lands, 
or  for  the  completion  of  the  reclamation  thereof, 
may  present  a  similar  petition  to  that  provided  in 
section  three  thoiisand  four  hundred  and  fox'ty- 
six.  And  such  proceedings  shall  thereupon  be 
had  in  respect  to  such  petition  as  are  provided 
in  respect  to  other  petitions  for  the  formation 
of  reclamation  districts;  and  if  the  same  be 
ai^proved,  It  shall  I)e  recorded,  and  the  Register 
shall  forward  his  statement,  and  by-laws  shall  be 
adopted,  filed,  and  recorded,  and  elections  called 
and  held  in  the  same  manner  as  is  provided  in 
other  cases.  Such  districts,  Avhen  formed,  and  the 
Board  of  Trustees  thereof,  shall  have  all  the 
rights,  immunities,  powers,  and  privileges  of  other 
reclamation  districts  and  the  Boards  of  Trustees 
thereof.  And  assessments  may  be  made,  appor- 
tioned, and  collected  for  the     maintenance,   pro- 


§  3493  Public  Lands.  704 

tection,  or  repair  of  such  reclamation  works,  or 
for  tlie  completion  of  such  reclamation,  in  the  like 
manner  as  is  provided  for  making,  apportioning, 
and  collecting  assessments  in  case  of  other  recla- 
mation districts.      [In  effect  March  19,  1889.] 

§  3493.  An  action  may  be  brought  by  the  At- 
torney General  in  the  name  of  the  people  of  this 
State,  upon  his  own  information  or  upon  the 
complaint  of  a  private  party  for  the  dissolution 
of  a  ST\'amp  land  or  reclamation  district  for  a 
nouuser  of  its  corporate  powers.  In  such  action 
the  complaint  and  summons  may  be  served  per- 
sonally upon  a  nrnjority  of  the  trustees  of  such 
district,  or  upon  the  president  of  the  board  of 
trustees.  If  two  or  more  districts  have  been 
formed  to  include  all  or  a  portion  of  the  same 
lands,  they  may  all  be  joined  in  the  same  action. 
In  any  such  action,  when  service  of  summons 
has  been  made  upon  the  defendant  or  defendants, 
and  the  defendant  or  defendants  have  appeared 
or  default  been  entered,  the  court,  upon  the  ap- 
plication of  any  of  the  parties,  shall  thereupon  en- 
ter an  order  fixing  a  day  for  hearing,  which  shall 
not  be  less  than  twenty-five  days  from  the  date 
of  the  order,  and  sliall,  also,  enter  an  order  di- 
I'ecting  notice  by  publication,  to  be  given  by  the 
clerk  to  all  persons  interested  in  said  district  or 
districts,  either  as  owner  or  owners  of  land  in 
said  district  or  districts  or  creditors  of  said  district 
or  districts,  or  othenvise.  requiring  them  to  l>e 
and  appear  on  the  day  fixed  for  the  hearing  of 
said  cause,  if  any  they  have,  why  the  district  or 
districts  named  in  the  complaint,  as  defendant  or 
defendants,  should  not  be  dissolved.  The  court 
shall  order  the  notice  to  be  served  by  publication 
in  some  newspaper  of  general  circulation  pub- 
lished in  the  county  where  the  district  or  dis- 
tricts are  situated,  for  a  ijeriod  of  not  less  than 
twenty  days.  On  the  day  fixed  for  a  hearing  or 
some  later  date  to  which  the  cause  may  be  con- 
tinued, the  court  may  proceed  with  the  hearing, 
due  prf)of  having  been  first  made  of  the  service  of 
the  notice  by  publication  for  the  length  of  time 
required  by  tlie  order.  Any  i>erson  interested  in 
the  district  or  districts  that  is  defendant  or  de- 
fendants shall  upon  showing  his  interest  be  al- 
lowed to  file  an  answer  or  objections  to  the  disso- 


705  Public   Lands.  §  34931/2 

lutioDS  of  the  defenclaiit  or  defendants,  and  shall 
from  the  liling  of  said  answer  or  objections  be- 
come a  party  defendant,  and  be  entitled  to  all  the 
rights  01  a  defendant  in  any  civil  action.  Any 
vacancy  in  the  board  of  trustees  heretofore  or 
hereafter  caused  by  resignation,  death,  removal 
from  the  State,  or  otherwise,  may  be  filled  by  the 
Board  of  Supenisors  of  tlie  county  in  which  the 
district  is  situated  upon  the  application  of  any 
person  or  persons  owning  land  in  the  district. 
The  appointment  of  a  trustee  or  trustees  to  fill  a 
vacancy  or  vacancies  shall  not  operate  to  destroy 
or  remove  any  cause  of  action  existing  before 
such  appointment  or  appointments  were  made, 
against  the  corporation  or  district  for  non-user  of 
its  corporate  poAvers;  provided,  suit  be  commenced 
within  one  year  after  the  passage  of  this  act.  If 
upon  the  trial  of  any  such  action  it  be  determined 
by  the  Court: 

1.  That  trustees  have  not  been  elected  for 
said  corporation  within  five  years  prior  to  the 
passage  of  this  act. 

2.  Tliat  the  trustees  have  not  within  five  years, 
prior  to  the  passage  of  this  act,  exercised  any  of 
the  poAvers  of  a  corporation,  or  performed  any  of 
the  duties  of  trustees. 

3.  That  the  corporation  is  not  in  debt,  or  if  in 
debt,  tliat  all  claims  are  barred  by  the  statute 
of  limitations,  the  court  shall  then  enter  a  decree 
dissolving  the  corporation,  or  malvc  sucli  further 
order  as  may  be  deemed  necessary  to  protect  the 
rights  of  all  parties  interested.  [Amendment 
approved  Marcli  27.  1897;  Amendments  1897,  chap, 
cxxxiii.     In  effect  immediately.] 

§  3i93\^2-  At  any  time  within  one  year  after 
the  filing  of  the  list  mentioned  in  section  three 
thousand  four  hundred  and  sixty-two.  the  board 
of  trustees  of  tlie  district  may,  in  the  name  of 
the  district,  commence  and  ]>rosecute  an  action 
in  the  superior  court  of  the  county  in  which  the 
district  is  situated,  or  if  the  district  is  situated 
in  different  counties,  tlien  in  tlie  superior  court  of 
the  county  in  \Aiiicli  the  greater  portion  of  the 
district  is  situated,  to  determine  the  validity 
of  the  assessment;  and  in  said  action  any  one  or 
more  of  the  owners  of  land  embi'aced  Avithin  the 
district  may,  at  the  election  of  said  board  of 
trustees,  be  made  defendants  in  said  action. 


§  34931/2  Public  Lands.  706 

The  summons  shall  require  the  defendant  or  de- 
fendants, if  more  than  one,  to  answer  the  com- 
plaint within  ten  days  after  the  service  of  the 
summons,  if  served  within  the  State;  and  if  any- 
one of  the  defendants  upon  whom  service  of  the 
summons  shall  have  been  made  shall  fail  to  an- 
swer the  complaint  within  the  time  specified  in 
the  summons,  his  default  shall  be  entered  by 
the  clerk  of  the  court,  and  judgment  shall  there- 
after be  given  and  made  against  him,  without 
costs. 

In  any  action  prosecuted  under  this  section,  the 
court  shall  decree  the  validity  or  invalidity  of  the 
assessment  in  accordance  with  what  the  court 
may  determine  the  facts  to  be. 

The  plaintiff  shall  only  be  required  to  allege  in 
its  complaint  that  plaintiff  is  a  swamp-land  or 
reclamation  district,  organized  and  existing  under 
the  laws  of  the  State  of  California,  having  a 
board  of  trustees;  that  the  defendant,  or  defend- 
ants, as  the  case  may  be.  are  the  respective  own- 
ers of  certain  several  tracts  of  land  situated  in 
the  district;  that  within  one  year  next  preceding 
the  date  of  the  filing  of  the  complaint,  the  sum 
of  !? (naming  the  ftdl  amount  of  the  assess- 
ment) was,  by  commissioners  of  assessment  duly 
authorized  and  empowered  therefor,  legally  as- 
sessed upon  the  lands  situated  within  the  district, 
in  tlie  manner  required  by  law;  that  the  list  re- 
quired by  section  three  thousand  four  hundvpri 
and  sixty  was  filed  in  office  of  the  county  treas- 
urer of  county    (designating    the    county  in 

which  the  district  is  situated)  on  the  day  of 

,  •  (specifying  the  date  of  such  filing),  or  if 

the  district  be  situated  in  different  counties,  then 
that  the  original  list  was  filed  with  the  county 

treasurer  of  county  (designating  the  county 

where  the  petition  was  filed),  and  that  a  copy  of 
said  list,  certified  by  the  said  commissioners  of 
assessment,  was  filed  with  the  county  treasurer 
of  each  of  the  other  said  counties  (respectively 
designating  the  name  of  eacli  county,  and  speci- 
fying the  day  and  date  when  such  copy  of  said 
list  was  filed  with  the  county  treasurer  thereof, 
and  that  the  defendant,  or  defendants,  if  more 
than  one.  dispute  and  deny  the  validity  of  said 
assessment). 


707  Public  Lands.  §  3493yo 

The  complaint  must  also  separately  describe 
the  tract  or  tracts  of  land  belonging  to  each  of 
the  defendants  in  the  action,  designatng  the 
name  or  names  of  the  owners  thereof,  respect- 
ively; and  must  state  the  amount  assessed  upon 
and  against  each  of  said  tracts. 

Any  one  or  more  persons  owning  land  embraced 
within  the  district  who  shall  not  have  been  made 
a  defendant  or  defendants  originally  in  the  action 
may,  at  any  time  before  the  trial  of  the  action 
(and  without  applying  to  tlie  court  for  leave), 
voluntarily  submit  themselves,  respectively,  to 
the  jurisdiction  of  the  court  in  the  action,  by 
filing  their  respective  answers  therein,  and  serv- 
ing copies  thereof  upon  the  plaintiff's  attorneys; 
and  the  judgment  thereafter  given  and  made  in 
the  action  shall  be  as  conclusive  and  as  binding 
upon  each  of  them,  respectively,  and  their  re- 
spective executors,  administrators,  heirs  and  as- 
signs, as  it  would  have  been  had  they  been  made 
defendants  in  the  action  originally,  and  service  of 
the  summons  had  been  duly  made  upon  them  as 
original  defendants  therein.  If  any  defendant 
contests  the  validity  of  the  assessment,  he  shall 
set  forth  in  his  answer  Avherein  the  assessment 
is  illegal,  and  his  answer  must  be  verified. 

Neither  the  commencement  nor  the  prosecution 
of  an  action  under  the  provisions  of  this  sec- 
tion shall  be  a  bar  to  or  prevent  the  commence- 
ment or  the  prosecution  of  an  action  brought  un- 
der other  provisions  of  the  code  for  the  recovery 
of  money  assessed  upon  the  lands  situated  in  any 
reclamation  district;  but  the  judgment  given  and 
made  in  the  action  brought  \inder  the  provisions 
of  this  section  shall  be  conckisive  between  the 
parties  thereto  as  to  the  validity  or  invalidity  of 
the  assessment;  and  all  actions  prosecuted  under 
the  provisions  of  this  section  shall  be  tried  with- 
out unnecessary  delay,  and  shall  have  precedence 
of  all  other  actions,  except  probate  and  criminal 
actions.  [New  section  added  March  28,  1893; 
Stats.  1893,  p.  208.] 


§§  3494,3495  School  Lands.  708 

ARTICLE     III. 

SCHOOL     LANDS. 

§  3494.  School   lands:   price:   payment,   when  to  be  made. 

§  3495.  Affidavit   on   application   to  purchase. 

§  3496.  Affidavit,    when    applicant    is    a   female. 

§  3497.  Occupants   protected. 

§  3498.  Applications  must  not  be  approved   for  sixty  days. 

§  3499.  Contests,  how  determined. 

§  3500.  Applications  for  other  than  16th  and  36th  sections. 

§  3501.  Affidavit,  when  female  is  an  applicant. 

§  3502.  Land   warrants   received   in    payment. 

§  3503.  Relinquishment  of  State  title. 

§  3494.  The  unsold  portion  of  the  five  hundred 
thousand  acres  granted  to  the  State  for  school 
purposes,  the  sixteenth  and  thirty-sixth  sections, 
and  lands  selected  in  lieu  thereof,  must  be  sold 
at  the  rate  of  one  dollar  and  twenty-five  cents 
($1.25)  per  acre,  in  gold  coin,  payable,  twenty  per 
cent,  of  the  principal  within  fifty  days  from  the 
date  of  the  certificate  of  location  issued  to  the 
purchaser;  the  balance,  bearing  Interest  at  the 
rate  of  seven  per  cent,  per  annum.  In  advance,  is 
due  and  payable  within  one  year  after  the  pas- 
sage of  any  act  by  the  Legislature  requiring  such 
pavment.  or  before,  if  desired  by  the  purchaser. 
[Approved  April  15.  1S80:  Amendments  1880.  p. 
58.     In  elfect  January  1.  1881.] 

School  lands:     Sees.  3398.  3406-3409. 

Act  providing  for  applications  for  purchase: 
See  General  Laws,  title  "School  Lands." 

§  3495.  Any  person  desiring  to  purchase  any 
portion,  not  less  than  the  smallest  legal  subdivis- 
ion of  any  of  the  lands  mentioned  in  section 
thirty-four  hundred  and  ninety-four,  situated  in 
any  township  which  has  been  surveyed  by  the 
United  States,  must  make  an  affidavit  that  he  is 
a  citizen  of  the  L'nited  States,  or  has  filed  his  in- 
tention to  become  such,  a  resident  of  this  State 
of  laAvful  age.  that  he  desires  to  purchase  such 
lands  (describing  the  same  by  legal  subdivisions) 
under  the  provisions  of  this  title;  that  there  is  no 
occupation  of  such  lands  adverse  to  any  that  he 
has.  or  if  there  in  an  adverse  occupation  the  affi- 
davit must  show  that  the  township  has  been  sec- 


709  School   Lands.  §  3495 

tiouized  three  months,  and  that  the  adverse  occu- 
pant (giving  his  name)  has  been  in  such  occupa- 
tion more  than  sixty  days  since  the  plat  was  filed 
in  the  United  States  Land  Office;  that  he  desires 
to  purchase  the  same  for  liis  own  use  and  benefit, 
and  for  the  use  or  benefit  of  no  other  person  or 
persons  whomsoever,  and  that  he  has  made  no 
contract  or  agreement  to  sell  the  same.  The 
affidavit  must  also  state  whether  the  land  is  or  is 
not  suitable  for  cultivation,  and  if  it  is,  that  the 
applicant  is  an  actual  settler  thereon,  and  that  he 
has  not  entered  any  portion  of  any  lands  men- 
tioned in  section  thirty-four  hundred  and  ninety- 
four,  which,  together  with  that  now  sought  to  be 
purchased,  exceeds  three  hundred  and  tAventy 
acres;  but  if  the  land  is  not  suitable  for  cultiva- 
tion tlie  affidavit  must  fiu'ther  state  that  the  ap- 
plicant has  not  entered  any  portion  of  such  lands, 
which,  together  with  that  now  sought  to  be  en- 
tered, exceeds  six  liundred  and  forty  acres. 
Lands  unsuitable  for  cultivation  may  be  sold  in 
quantities  not  exceeding  six  himdred  and  forty 
acres  to  any  one  person,  under  the  restriction 
other  than  as  to  actual  settlement  prescribed  for 
the  sale  of  cultivable  lands.  The  Surveyor  Gen- 
eral and  Kegister  of  the  Land  Office  must  make 
and  enforce  all  necessary  rules  and  regulations 
to  prevent  the  sale  of  scliool  lands  suitable  for 
cultivation  to  any  person  not  an  actual  settler 
thereon;  provided,  that  any  smallest  legal  subdi- 
vision of  school  lands  shall  be  deemed  suitable 
for  cultivation  if  any  part  not  less  than  one  half 
of  its  area  will,  Avithout  artificial  irrigation,  but 
with  or  Avithout  the  clearing  of  timber  or  other 
growth  therefrom,  by  the  ordinary  processes  of 
tillage,  produce  ordinary  agricultural  crops  in 
average  quantity;  and  provided,  that  any  contest 
of  the  applicant's  right  to  purchase,  ari.sing  from 
the  character  of  the  land  as  cultivable  or  other- 
wise, may  be  referred  to  the  superior  court  of 
the  proper  county,  as  in  other  cases,  for  deter- 
mination; and  provided  further,  that  no  contest 
of  tlie  applicant's  right  to  purchase,  arising  from 
adverse  occupation,  shall  be  maintained,  except 
by  a.  prior  adverse  occupant,  who  shall  have 
filed  an  application  to  purchase  the  land  under 
tlie  provisions  of  this  section,  and  no  occupation 
of  land  by  a  person  other  than  the  applicant  sliall 
Pol.  Code— 00. 


§§  3496-3498  School  Lands.  710 

be  an  adverse  occupation  within  the  meaning  of 
this  section,  unless  such  occupation  is  by  a  per- 
son who  is  entitled  to  purchase  the  same  under 
tlie  provisions  hereof,  and  who  files  his  applica- 
tion therefor  within  the  time  prescribed  by  sec- 
tion thirty-four  hundred  and  ninety-seven  of  this 
Code.  [Amendment  approved  April  1,  1897; 
amendments,  1897,  chap,  cclxxv.  In  effect  imme- 
diately.] 
Eights  of  occupant:     See  sec.  3497. 

§  3496.  If  the  applicant  is  a  female,  the  affi- 
davit must  show  that  she  is  entitled  to  purchase 
and   hold  real  estate  in  her  own  name. 

§  3497.  Every  occupant  of  a  sixteenth  or 
thirty-sixth  section  is  pi'otected  in  his  occupancy 
for  three  months  after  the  township  has  been  sec- 
tionized;  and  any  person  settling  upon  a  six- 
teenth or  tlnrty-sixth  section  after  a  township  has 
been  sectionized  has  sixty  days  after  such  settle- 
ment in  which  to  file  the  application  required  in 
the  preceding  section. 

Bona  ride  settlers  preferred  purchasers— Stats. 
1874,  p.  543. 

Traci  reserved  from  sale — Stats.  1876,  p.  679. 

Act  to  legalize  applications  approved  March  27, 
1872;  Stats.  1871-2.  p.  622. 

Act  for  relief  of  purchasers  of  State  land:  ap- 
proved March  27,  1872;  Stats.  1871-2.  p.  587. 

§  3498.  All  applications,  under  whatsoever 
act,  filed  in  the  office  of  the  Surveyor  General, 
must  be  retained  ninety  days  before  approval, 
and  must  be  approved  (when  there  is  no  conflict) 
by  the  Surveyor  General,  at  the  expiration  of  six 
months,  subject,  however,  to  the  provisions  of 
sections  three  thousand  four  hundred  and  six  and 
three  tliousand  four  hundred  and  seven  of  this 
Code,  and  all  unapproved  applications,  which 
have  been  on  file  over  six  months,  wherein  the 
approval  has  not  been  demanded,  and  wherein 
the  contest  has  not  been  referred  to  court,  or  a 
demand  made  for  an  order  of  reference,  as  pro- 
vided in  section  thirty-four  hundred  and  fourteen 
of  tlie  Politicnl  Code  shall  be  mill  and  void. 
rAmeudmeot  approved  March  14.  1885:  Stats. 
1885.  I).  139.     In  effect   August  1.  1885.] 


711  School  Lands.  §§  3499-3503 

Retention  sixty  days:     See  under  sec.  3548. 
Disposition  of  contest:     Sees.  3414-3416. 

§  3499.  If  two  or  more  claim  tlie  same  land, 
the  contest  must  be  determined  as  provided  in 
article  I  of  this  cliapter;  but  no  person  has  a  right 
to  purchase  by  reason  of  any  settlement  or  im- 
provement, unless  application  is  made  vrithin 
the  time  above  prescribed. 

Contests:    See  sec.  3414. 

§  3500.  Any  false  statement  contained  in  the 
affidavit  provided  for  in  section  three  thousand 
four  hundred  and  ninety-five,  defeats  the  right 
of  the  applicant  to  purchase  the  land,  or  to  re- 
ceive any  evidence  of  title  thei'eto,  and,  if  will- 
fully false,  subjects  him  also  to  punishment  for 
perjury.  Timber  lands  belonging  to  the  State  shall 
be  sold  for  cash  only,  and  the  Surveyor  General  and 
Register  of  the  State  Land  Office  must  mal^e  and 
enforce  all  necessary  I'ules  and  regulations  to  pre- 
vent the  sale  of  or  issuance  of  any  evidence  of 
title  to  any  timber  lands  of  this  State,  except  on 
payment  in  cash,  of  the  full  price  fixed  therefor 
by  law.     [Approved  March  18,  1885.] 

§  3501.  If  the  applicant  is  a  female,  the  affi- 
davit must  also  show  that  she  is  entitled  to  pur- 
chase real  estate  in  her  own  name. 

§  3502.  School  land  wari'ants  issued  by  au- 
thority of  the  State  are  receivable  in  payment  of 
the  purchase  money  of  any  part  of  the  five  hun- 
dred thousand  acres  of  land  granted  to  the  State 
for  school  purposes.  Such  payment  must  be 
made  to  the  Register  and  tlie  warrants  canceled 
before  the  certificate  of  purchase  is  issued. 

Proceeds  of  State  school  lands — investment  in 
bonds  bv  Board  of  Examiners  for  State  School 
Fund:     Stats.  1872,  p.  54. 

Act  for  presentation  and  cancellation  of  unlo- 
cated  school  warrants.  See  General  Laws,  title 
"State  Lands." 

§  3503.  In  all  cases  where  any  person  has 
purchased  any  part  of  a  sixteenth'  or  thirty-sixth 
section  from  the  United  States,  or  shall  hereafter 
make  such  purchase,  or  shall  be  an  actual  settler 


§  3512  Purchase  and  Patents.  712 

on  any  sixteenth  or  thirty-sixth  section,  and  en- 
titled to  a  pre-emption  tliereto  under  the  laws  of 
the  United  States,  for  which  lands  this  State  has 
received  indemnity,  or  will  or  would  be  entitled 
to  indemnity  under  the  laws  of  the  United  States, 
tlie  right  of  the  State  to  such  sixteenth  and 
thirty-sixth  sections,  or  parts  thereof,  are  relin- 
quislied  to  the  United  States  for  the  use  of  such 
purchasers  and  their  assignees,  and  of  such  pre- 
emptors.  "When  any  person  who  is  in  good  faith 
a  settler  upon  any  such  lauds,  fails  to^acquire  a 
title  thereto  from  the  United  States,  he  may, 
within  six  months  after  such  failure,  apply  to  the 
State  to  purchase  the  same,  and  his  application 
shall  have  preference  over  all  other  applications 
for  the  purchase  of  such  lands.  [Amendment  ap- 
proved March  ?,(),  1S74;  amendments  1873-4,  p.  52. 
In  effect  July  6,  1874.] 

Act  to  protect  bona  fide  settlers  on  public  land: 
See  act  approved  March  23,  1874;  Stats.  1873-4.  p. 
543. 


ARTICLE     IV. 

PAYMENTS,      CERTIFICATES      OF      PURCHASE,      AND 
PATENTS. 

§  3512.  Payments,  how  made. 

§  3513.  Failure  to  pay  to  work  forfeiture. 

§  3514.  Certificate  of  purchase.     Evidence  of  title. 

§  3515.  Certificates   of  purchase  may  be   sold. 

§  3516.  Sale  to  be  recorded. 

§  3517.  Compensation    of    Recorder. 

§  3518.  Duplicate  for  lost  certificate  of  purchase. 

§  3519.  Register  to  prepare  patents,  when. 

§  3520.  Patent,  how  executed. 

§  3521.  When   to  Issue. 

§  3522.  Patents  to  be   recorded  and  delivered. 

§  3523.  Effect  of  patent  issued  to  deceased  persons. 

§  3512.  "Whenever  any  .survey  or  location  has 
beeu  made  or  approved,  the  purchaser  must, 
witliin  fifty  days  from  tlie  date  of  approval  or 
location,  present  his  copy  of  the  same  to  the 
County  Treasurer  of  the  county  in  which  the 
land,  or  some  part  thereof,  is  situated,  who  must 


713  Purchase  and  Patents.     §§  3513-3515 

receive  the  amount  to  be  paid,  and  the  fee  for  the 
certificate  of  purcliase,  indorsing  his  receipt 
therefor  upon  the  certificate  of  location  or  survey, 
and  returning  it  to  the  purchaser. 

Basis  of  section:     Stats.  1S68,  p.  507. 

Effect  of  non-payment:     See  next  section. 

§  3513.  In  case  payment  is  not  made  within 
fifty  days,  the  lands  described  in  the  survey  or  lo- 
cation revert  to  the  State  without  suit,  and  the 
survey  or  location  is  void.  All  subsequent  pay- 
ments must  be  made  to  the  County  Treasurer,  in 
like  manner,  who  must  indorse  the  same  upon  the 
certificate.  The  Treasurer  must  direct  the  pur- 
chaser to  take  tlie  certificate  so  indorsed  to  the 
Auditor,  who  must  charge  the  Treasurer  with  the 
amount  received,  and  make  his  check  upon  the 
indorsed  receipt. 

Annulling  certificate  for  non-payment:  See  sec. 
3514. 

§  3514.  Whenever  the  Register  receives  from 
a  County  Treasurer  a  statement  sliowing  that  an 
applicant  for  State  lands  has  made  the  first  pay- 
ment, he  must  issue  to  the  person  entitled  thereto 
a  certificate  of  purchase,  showing  the  class  of 
land  purchased,  the  number  of  acres,  the  price 
per  acre,  the  date  of  payment,  tlie  date  from 
which  interest  is  to  be  computed,  the  amount 
paid,  and  the  amoiint  remaining  unpaid,  which 
certificate  is  prima  facie  evidence  of  title. 
[Amendment  approved  March  30,  1874:  amend- 
ments 1873-4,  p.  52.     In  effect  July  6,  1874.] 

Prima  facie  evidence — substituted  for  primary, 
by  amdt.  1874;  definition  of:  Code  CiA'.  Proc,  sec. 
1833. 

C4eueral  basis  of  section:     Stats.  1868,  p.  507. 

Act  respecting  payment  in  full  by  holders  of 
ceilificate:  See  General  Laws,  title  "State  Lands." 

§  3515.  Certificates  of  purchase,  and  all  rights 
acquired  thereunder,  are  subject  to  sale,  by  deed 
or  assignment,  executed  and  acknowledged  before 
any  officer  authorized  by  law  to  talce  acknowledg 
ments  of  conveyances  of  real  property,  or  before 
the  Register. 

Assignee  of  certificate— like  holder,  has  prima 
facie  title:    "Code  Civ.  Proc,  sec.  1925. 


§§  3516-3519  Purcliase  and  Patents.  714 

§  3516.  All  such  sales  must,  when  the  deed  or 
assij^nment  is  recorded  by  the  County  Recorder, 
be  reported  by  him  to  the  Register,  to  be  entered 
in  the  boolis  of  his  office. 

§  3517.  The  Recorder  is  entitled  to  receive 
from  the  purchaser,  for  maliing  such  report,  a  fee 
of  fifty  cents. 

§  3518.  If  the  owner  of  a  certificate  of  pur- 
chase claims  that  it  has  been  lost,  destroyed,  or  is 
beyond  his  control,  the  Register  must  talie  testi- 
mony concerning  the  loss,  destruction,  or  reason 
why  the  same  is  beyond  his  control.  But  the 
party  must,  before  the  hearing,  make  affidavit 
that  he  lias  not  sold  the  said  certificate  of  purchase, 
or  the  land  described  therein,  and  must  publish  a 
notice  in  some  newspaper  in  the  county  where  the 
land  is  situated,  or  if  there  is  no  newspaper  pub- 
lished in  the  coimty,  then  in  some  newspaper  of 
general  circulation  in  the  county,  for  at  least  four 
weeks,  describing  the  certificate  and  the  lands 
for  which  the  same  was  issued,  stating  the  name 
of  the  person  to  wliom  the  same  was  issued  and 
the  person  then  claiming  to  own  it,  together  with 
the  time  and  place  of  tlie  hearing.  If  the  Register 
is  satisfied  of  the  loss  or  destruction  of  the  certifi- 
cate, or  that  it  is  beyond  the  control  of  the  person 
owning  the  same,  he  must  issue  to  the  owner 
thereof  a  duplicate,  with  the  word  "Duplicate" 
written  across  the  face  thereof  in  red  ink.  Such 
duplicate  shall  have  the  same  force  and  effect  as 
the  original.  If  there  Is  a  contest  as  to  the  issu- 
ing of  a  duplicate  certificate,  the  Register  may 
hear  and  determine  the  same,  or  may  refer  it  to 
the  proper  court,  as  provided  in  section  thirty- 
four  hundred  and  fourteen.  [Amendment  ap- 
proved March  30,  1874;  amendments  1873-4,  p.  53. 
In  effect  July  6.  1874.] 

Beyond  control,  provisions  inserted  by  amend- 
ment 1874. 

Affidavit— required  by  amdt.  1874. 

§  3519.  Whenever  final  payment  has  been 
made  for  any  tract  of  land,  the  selection  of  which 
has  been  accepted  and  approved  by  the  United 
States  authorities,  or  when  the  tract  finally  paid 
for  or  reclaimed  is  swamp  and  overflowed,   salt 


715  University  Lands.        §§  3520-3533 

marsh,  or  tide  lands,  tlie  Register,  upon  tlie  sur- 
render of  the  certificate  of  purchase  by  the  per- 
son entitled  to  the  same,  must  prepare  a  patent 
for  the  land,  and  send  it  to  tlie  Governor,  together 
with  a  certificate  that  the  laws  in  relation  tliereto 
have  been  complied  with,  that  payment  in  full 
has  been  made,  and  that  the  party  named  in  the 
prepared  patent  is  entitled  to  it. 

§  3520.  The  patent  must  then  be  signed  by  the 
Governor,  attested  by  the  Secretary  of  State, 
sealed  with  the  Great  Seal  of  the  State,  and  be 
countersigned  by  the  Register. 

§  3521.  No  patent  must  issue  until  after  the 
expiration  of  one  year  from  the  date  of  approval 
of  the  survey  or  location  by  the  Surveyor  Gen- 
eral, nor  until  the  lands  are  relinquished  to  the 
State  by  authority  of  the  General  Land  Oflice  at 
Washington.  Such  relinquishment  is  not  re- 
quired for  locations  of  the  sixteenth  and  thirty- 
sixth  sections  in  place,  or  for  swamp  and  over- 
flowed lands,  shown  to  be  such  by  the  official 
surveys  made  by  authority  of  the  United  States 
Surveyor    General. 

§  3522.  The  Register  must  record  all  patents 
in  books  to  be  liept  in  his  olfice  for  that  purpose, 
and  then  deliver  them  to  persons  entitled  thereto. 

§  3523.  Where  a  patent  for  lands  is  issued  in 
the  name  of  a  deceased  person,  the  title  is  vested 
in  the  heirs,  devisees,  or  assignees  of  such  person, 
in  the  same  manner  as  if  the  patent  had  issued 
to  such  person  during  life. 


ARTICLE    V. 

SELECTION  AND   SALE   OF  UNIVERSITY   LANDS. 

§  3533.  Regents  to  select  and  sell  certain  lands. 

§  3534.  Land  Agent  of  University,   duty  of. 

-     1     §  3535.  Certain  moneys  to  be  paid  out. 

§  3536.  Purchasers  who  have  not  paid  up. 

§  3533.    The  Regents  of  the    University    may 
order  the  selection  of  the  one  hundred  and  fifty 


§§  3534-3536        Fniversity  Lands.  716 

thousand  acres  of  land  granted  to  the  State  for 
the  use  of  an  Agricultural  College,  and  dispose 
of  the  same  at  the  price  and  in  the  manner  fixed 
by  them. 

Selection  and  sale  of  University  lands — act  con- 
cerning: Stats,  1874,  p.  356,  amd.  by  Stats.  1880, 
p.  186  or  36. 

§  3534.  The  Land  Agent  of  the  University,  as 
the  agent  of  the  State,  must  select  the  lands  ac- 
cording to  the  instructions  of  the  board,  and  is- 
sue certificates  of  purchase  and  patents  to  pur- 
chasers AVho  comply  with  the  conditions  fixed  by 
the  board;  and  the  Eegents  must  invest  all 
moneys  accTuing  from  the  sale  of  lands  as  they 
may  deem  best,  subject  to  the  conditions  of  the 
Act  of  Congress  granting  such  lands. 

§  3535.  All  moneys,  securities,  or  other  prop- 
erties arising  from  the  sale  of  the  seventy-two 
sections  granted  to  the  State  for  a  seminary  of- 
learuing,  and  from  the  sale  of  the  ten  sections 
granted  to  the  State  for  the  erection  of  public 
buildings,  must  be  paid  out  of  the  State  Treas- 
ury on  the  order  of  the  Regents  of  the  University. 

§  3536.  All  persons  who  have  purchased  any 
portion  of  either  of  the  grants  mentioned  in  the 
preceding  section,  and  who  have  not  paid  in  full 
therefor,  must  be  included  in  the  delinquent  list, 
and  the  District  Attorney  must  proceed  against 
such  delinquents  as  provided  in  sections  3547  and 
3548,  and  the  provisions  of  sections  3548  to  3556, 
inclusive,  are  made  applicable  to  such  proceed- 
ings. If  such  lands  revert  to  the  State,  they  pass 
under  the  control  of  and  may  be  sold  by  the 
Board  of  Regents  of  the  University. 


Delinquent  Purchasers.   §§  354G-3548 


ARTICLE    VI. 

PROCEEDINGS  AGAINST  DELINQUENT  PUR- 

CHASERS. 

5  3546.  Register  to  furnish  statement  of  delinquents. 

§  3547.  Delinquent  purchasers,  and  proceedings  against. 

§  3548.  Same. 

§  3549.  Service   of  summon.?. 

§  3550.  Copy  of  decree  to  be  filed. 

§  3551.  When  purchaser  may  be  restored  to  rights. 

§  3552.  When  judgment  binds  assignee. 

§  3553.  Compensation  of  District  Attorney. 

§  3554.  After  filing  decree,   land  subject  to  sale. 

§  3555.  Costs  of  suits  taxed  and  collected. 

§  3553.  Subsequent  purchasers  may  defend,   etc. 

§  3546.  The  Register  must,  ou  the  first  day  of 
May  of  each  year,  forward  "to  the  District  Attor- 
ney of  each  county  a  statement  embracing  all  the 
lands  in  the  couuty  upon  which  payments  have 
not  been  made,  which  statement  must  show  the 
name  of  the  purchaser,  the  number  and  date  of 
the  survey  or  location,  and  of  the  certificate  of 
purchase,  the  amount  paid,  the  amount  unpaid, 
and  the  amount  then  due.  No  lands  within  any 
reclamation  district  must  be  embraced  in  such 
statement  after  the  receipt  by  the  Register  of  the 
certificate  of  the  Board  of  Supervisors  that 
woriis  of  reclamation  have  been  commenced. 

§  3547.  Upon  receipt  of  the  delinquent  list,  the 
District  Attorney  must  add  thereto  a  notice  that 
if  the  amount  due  is  not  paid  in  fifty  days  after 
the  date  thereof  he  will  commence  suit  to  fore- 
close the  interest  of  purchasers  in  the  lands, 
and  must  publish  the  list  and  notice  for  four 
weeks  immediately  following  the  date  of  the 
notice,  in  a  newspaper  published  in  the  county, 
or  if  there  is  no  newspaper  published  therein, 
tlien  he  must  post  copies  of  the  same  in  at  least 
five  public  places  in  the  county. 

§  3548.  After  the  expiration  of  the  fifty  days, 
he  must,  in  the  name  of  tlie  p(M)i)le  of  tlie  State 
of  Califoi-nia,  commence  actions  in  the  Superior 
Court  against  all  purchasers,  or  holders  of  certifi- 
cates of  purchase,  who  have  not  either  paid  the 
amount  due,  together  with  the  cost  of  publication, 


§§  3549-3552  Delinquent  rurchasers.  718 

or  surrendered  the  title  to  the  State,  as  provided  in 
section  three  thousand  five  hundred  and  seventy, 
to  obtain  a  judgment  of  foreclosure  of  the  inter- 
est of  tlie  purchaser,  or  assignee  of  the  purchaser 
in  the  land,  and  to  annul  the  certificate  of  pur- 
chase. [Amendment  approved  April  28,  1880; 
amendments  1880,  p.  110.  In  effect  April  28, 
1880.] 

All  applications,  under  Avhatsoever  act,  filed  in 
the  Surveyor  General's  office,  must  be  retained 
sixty  days  before  approval,  and  must  be  approved 
(when  there  is  no  conflict)  by  the  Surveyor  Gen- 
eral at  the  expiration  of  six  months.  [In  effect 
April  28,  1880,  as  sec.  6  of  amendatory  act:  See 
Stats.  1880,  p.  110.] 

Superior  Court— substituted  for  District  Court 
by  amdt.  1880. 

Compare:    Sees.  3441-3498. 

§  3549.  Service  of  the  summons  in  such  ac- 
tion may  be  made  by  publication  in  some  news- 
paper published  in  the  county  for  four  weeks,  or 
if  no  newspaper  is  published  in  the  county,  then 
by  posting  one  copy  of  the  summons  for  four 
weeks  at  the  Court-house  door  of  the  county,  and 
two  copies  in  public  places  in  the  township  where 
the  land  is  situated. 

§  3550.  Twenty  days  after  the  entry  of  judg- 
ment the  District  Attorney  must  file  in  the  office 
of  the  Register,  and  in  the  Recorder's  office  of  the 
county  in  which  the  land  is  situated,  certified 
copies  thereof. 

§  3551.  The  holder  of  the  certificate  of  pur- 
chase may.  at  any  time  before  such  filing,  pay  to 
the  Sheriff  the  amount  due  the  State,  and  the 
costs  of  suit  that  have  accrued  up  to  the  time  of 
payment:  wliereupon  the  District  Attorney  must 
dismiss  the  suit  or  vacate  the  judgment,  and  the 
purchaser  or  holder  of  the  certificate  of  purchase 
is  restored  to  his  rights  in  the  premises. 

§  3552.  A  judgment  against  the  purchaser 
binds  the  assignee,  unless  the  notice  of  the  assign- 
ment was  filed  with  the  Register  before  the  com- 
mencement of  the  action. 


719  Delinquent  Purchasers.  §§  3553-3556 

§  3553.  The  District  Attorney  is  entitled  to  re- 
ceive ten  dollars  for  each  suit  brought,  to  be 
taxed  as  costs. 

§  3554.  After  judgment  foreclosing  the  inter- 
est of  the  purchaser  or  the  holder  of  the  certificate 
has  been  entered,  and  the  certified  copies  filed, 
the  land  is  again  subject  to  entry  and  sale. 

§  3555.  Upon  the  rendition  of  a  judgment  fore- 
closing the  interest  of  the  purchaser  or  of  his  as- 
signs in  the  land,  and  annulling  the  certificate  of 
purchase,  judgment  for  costs  must  be  entered 
against  the  defendant;  but  if  execution  issued 
thereon  is  returned  not  satisfied,  the  judgment 
and  costs  must  be  paid  from  the  principal  or  in- 
terest paid  by  the  purchaser  at  the  time  of  the 
original  location. 

Act  to  enable  purchasers  to  redeem  the  land; 
See  act  approved  March  7,  1881;  Stats.  1881,  p.  65. 

§  3556.  Any  person  having  a  conveyance  of 
the  whole  or  any  portion  of  the  lands  described 
in  any  certificate  of  purchase,  to  annul  which  suit 
has  been  commenced,  but  to  whom  the  certificate 
has  never  been  surrendered,  may  defend  such 
action;  and  if  it  appears  to  the  Court  that  he  is 
entitled  to  any  portion  of  the  lands  described,  and 
the  holder  of  such  certificate  does  not  pay  the 
amount  due,  the  Court  must  order  the  certificate 
annulled  and  a  new  one  to  issue  to  such  person 
upon  payment  into  Court  by  him  of  the  amount 
due  the  State  upon  the  whole  tract;  and  such 
person  is  thereupon  entitled  to  two  certified 
copies  of  the  decree,  one  of  which  he  must  file  in 
the  County  Recorder's  oflice,  and  the  other  with 
the  Register. 


§§  3566-3568  Miscellaneous  Provisions.  720 


ARTICLE    VII. 

MISCELLANEOUS   PROVISIONS     RELATING     TO     PUB- 
LIC    LA.NDS. 

§  3566.  Duplicates    for    lost    or    defaced    land    warrants. 

§  3567.  Same. 

§  35G8.  Same. 

§  3569.  Same. 

§  3570.  Abandonment   of   entry   or   location,    how   made. 

§  35l71.  If  lands  sold  are  not  the  property  of  the  State. 

§  3572.  Same. 

§  3573.  Certain   applications   made   valid. 

§  3574.  Fee?,  application  of. 

§  3566.  Any  person  making  application  for  a 
duplicate  scliool  land  warrant,  in  lieu  of  one  lost 
or  destroyed,  must  mal^e  proof  by  affidavit  to  the 
Register  that  he  is  the  OMmer  of  such  warrant, 
that  it  has  not  been  located,  and  of  the  facts  es- 
tablishing the  loss  or  destruction  thereof,  and 
must  file  witli  the  Register  a  bond,  with  two  or 
more  sureties,  to  be  approved  by  the  Register, 
payable  to  the  State  of  California,  in  double  the 
value  of  the  warrant,  conditioned  that  the  war- 
rant will  not  be  presented  for  location. 

§  3567.  When  for  want  of  a  proper  acknowl- 
edgment of  an  assignment  of  the  original  land 
warrant,  or  partial  destruction  or  defacement 
thereof,  or  for  any  other  cause,  it  cannot  be  made 
available,  the  applicant  must  prove  that  he  is  the 
owner  of  the  wax'i-ant,  and  that  it  has  not  been 
located,  and  must  tile  the  original  for  cancella- 
tion with  the  Register. 

§  3568.  The  Register  must  certify  that  the  ap- 
plicant is  entitled  to  a  duplicate  Avarrant  in  lieu 
of  the  one  proved  to  have  been  lost  or  destroyed 
or  presented  for  cancellation,  and  upon  presenta- 
tion of  such  certificate  to  the  Governor  he  must 
deliver  to  the  applicant  a  duplicate  warrant  bear- 
ing the  same  number  as  the  original  warrant, 
with  the  word  "Duplicate"'  written  across  the 
face  thereof,  which  duplicate  has  the  same  force 
and  effect  as  the  original. 


721  Miscellaneous  Provisions.  §§  3569-3573 

§  3569.  The  Register  must  not  give  the  certifi- 
cate until  he  is  satisfied  that  the  original  has  not 
been  located,  or.  if  located,  that  the  lands  have 
not  been  and  will  not  be  charged  by  the  Federal 
Government  as  part  of  the  five  hundred  thousand 
acres  of  land  granted  to  this  State. 

§  3570.  Whenever  a  purchaser  of  land  upon 
credit  desires  to  abandon  the  location  or  entry 
made  by  him,  he  may  do  so  by  conveyance  of  his 
title  to  "the  State  and  surrender  of  the  certificate 
of  purchase,  or,  if  it  has  been  lost,  by  filing  an 
affidavit  of  that  fact  with  the  Register. 

Forfeiture  for  non-payment  of  installments: 
See  sec.  3513. 

§  3571.  If  any  land  sold  is  not  the  property  of 
the  State  the  holder  of  the  certificate  of  purchase 
or  patent  may  receive  in  ex-change  therefor  from 
the  Register  a  certificate  showing  the  amount 
paid  and  the  class  of  land  upon  which  the  pay- 
ment was  made. 

§  3572.  If  the  land  sold  was  swamp  and  over- 
flowed the  Coimty  Auditor  of  the  county  in  which 
the  land  is  situated  must,  upon  the  surrender  to 
him  of  the  certificate  mentioned  in  section  three 
thousand  five  hundred  and  seventy-one,  draw  his 
warrant  in  favor  of  the  person  surrendering  such 
certificate  for  the  amount  therein  specified,  upon 
the  Treasurer  of  the  county,  who  must  pay  the 
same  out  of  tlie  Swamp  and  OverfloAved  Land 
Fund  of  the  district  in  which  tlie  land  is  situnted. 
If  the  land  sold  was  not  swamp  and  overflowed, 
the  Controller  of  State,  upon  tlie  surrender  to  him 
of  such  certificate,  must  draw  liis  warrant  in 
favor  of  the  person  surrendering  tlie  same,  for  tlie 
amount  therein  specified.  ui)on  tlie  Treasurer  of 
State.  Avho  must  pay  the  same  out  of  the  fund  into 
which  the  purchase  money  was  paid.  [Amend- 
ment approved  March  30.  1878;  amendments  1877- 
78,  p.  ()3.     In  effect  March  30,  1878.] 

§  3573.  All  applications  made  prior  to  March 
twenty-fourth,  eigliteen  hundred  and  seventy,  for 
the  purcliase  of  lands  under  tlio  jirovisions  of  "An 
act  to  provide  for  tlie  management  and  sale  of 
lands  belonging  to  the  State."  approved  Marcl» 
rol.  Code— 61. 


§§  3574-3584         Yosemite  Valley.  722 

twenty-eighth,  eighteen  hundretl  and  sixty-eight, 
if  there  was  not,  on  the  twenty-fourth  day  of 
March,  eighteen  hundred  and  seventy,  two  or 
more  applicants  for  the  purchase  of,  or  conflicts 
between  claimants  of,  the  same  land,  where  the 
purchase  has  been  completed  and  patent  issued, 
are  valid,  although  the  affidavits  on  which  such 
applications  A^ere  based  are  neither  in  form  nor 
substance  in  compliance  with  the  provisions  of 
such  act.  [Amendment  approved  March  9.  1893; 
Stats.  1893,  p.  116.     In  effect  immediately.] 

§  3574.  Each  application  for  lands  must  be 
accompanied  by  a  fee  of  five  dollars,  and  no  ap- 
plication shall  be  received,  filed,  or  noted  in  any 
way  until  such  fee  is  paid.  The  Surveyor  Gene- 
ral shall  charge  the  same  fees  as  are  allowed  the 
Register  for  like  services;  and  all  fees  collected 
by  either  the  Surveyor  General  or  Register  shall 
be  paid  into  the  State  Treasury  on  the  first  Mon- 
day of  each  and  every  mouth,  and  placed  to  the 
credit  of  the  General  Fund;  and  said  officers 
shall,  on  the  lirst  ^londay  of  each  month,  make  a 
written  report  to  the  State  Controller,  stating  the 
amount  of  fees  so  paid,  together  with  the  sources 
from  which  they  were  derived,  and  the  several 
amounts,  by  items.  The  Surveyor  General  and 
Register,  whenever  it  may  be  necessary,  may 
purchase  such  maps  and  records  as  the  needs  of 
their  office  may  demand,  but  all  claims  asainst 
the  State,  authorized  by  tliis  section,  shall  be  cer- 
tified to  the  State  Board  of  Examiners,  and  if  the 
same  be  allowed,  the  Board  shall  direct  the  Con- 
troller of  Slate  to  draw  liis  warrant  in  payment 
of  the  same,  payable  out  of  the  General  Fund. 
[Amendment  approved  February  10.1876;  amend- 
ments 1875-6.  p.  57.     In  effect  Februarv  10,  1876.] 


CHAPTER    II. 

THE    YOSEMITE    VALLEY   AND    MARIPOSA    BIG    TREE 
GROVE. 

5  3584.    Commissioners  to  manage. 

§  3585.     Guardian  and  his  compensation. 

§  3586.    Report  of  Commissioners. 

§  3584.    The   Govenior  of     this   State  and   the 
eight  other  Commissioners  appointed  by  the  Gov- 


723  Yosemite  Valley.        §§  3585,3586 

ernor  ou  the  twenty-eighth  day  of  September, 
eighteen  huntlred  and  sixty-four,  in  accordance 
with  the  terms  of  an  Act  of  Congress  entitled  an 
act  authorizing  a  grant  to  the  State  of  California 
of  the  Yosemite  Valley  and  of  the  land  embrac- 
ing the  Mariposa  Big  Tree  Grove,  approved  June 
thirteenth,  eighteen  hundred  and  sixty-four,  con- 
stitute a  board  to  manage  such  premises.  Any  va- 
cancy occurring  in  tlie  board  may  be  filled  by  the 
appointment  of  the  Governor.  The  Commission- 
ers are  known  as  "The  Commissioners  to  manage 
the  Yosemite  Valley  and  the  Mariposa  Big  Ti-ee 
Grove,"  and  under  such  name  they  and  their  suc- 
cessors may  sue  and  be  sued  and  have  full  power 
to  manage  and  administer  the  grant  made  and 
the  trust  created  by  the  Act  of  Congress,  and  to 
make  and  adopt  all  rules,  regulations,  and  by- 
laAvs  for  their  own  government  and  the  govern- 
ment, improvement  and  preservation  of  such 
premises. 

Commissioners,  nine  in  number,  are  civil  ex- 
ecutive officers:     Sec.  .343. 

Keference  to  section:     See  sec.  357. 

Free  trails,  appropriation  to  purcliase,  and  gen- 
erally to  improve  and  preserve  the  territory 
within  the  grant  of  the  Yosemite  Valley  and  Big 
Trees:     Stats.  1881,  p.  50. 

Special  laws  relating  to  Yosemite  Valley:  See 
General  Laws,  tit.  Y^osemite  Valley. 

§  3585.  They  may  appoint  a  guardian  of  the 
I)remises,  removable  at  their  pleasure,  who  must 
perform  such  duties  as  they  may  prescribe,  and 
may  receive  such  compensation  as  they  may  fix, 
not  to  exceed  five  hundred  dollars  per  annum. 

§  3586.  The  Commissioners  mttst  make  a  re- 
port of  tlieir  proceedings  and  of  the  condition  of 
the  premises  through  the  Governor,  to  the  Legis- 
lalin-e,  at  every    regular  session  thereof. 


§§  3596,3597  State  Buryins  Grounds.  724 

CHAPTEIR    III. 

STATE   BURYING   GROUNDS. 

§  3596.    Title  vested  In  State.     Who  may  be  interred. 
§  3597.    Duties   of   Trustees. 

§  3596.  The  fee  to  the  State  Burying  Ground, 
in  the  City  Cemetery  of  the  City  of  Sacramento, 
is  in  the  people  of  the  State  of  Califoi-nia,  and 
there  may  be  interred  therein  any  person  who,  at 
the  time  of  his  death,  was  a  State  officer  or  a 
member  of  the  Senate  or  Assembly. 

§  3597.  The  Board  of  Trustees  of  the  State 
Burying  Ground  have  the  control  and  manage- 
ment of  the  grounds  and  the  expenditure  of  all 
moneys  appropriated  for  the  maintenance  or  im- 
provement thereof. 

Trustees  of  State  Burying  Ground — number  of. 
see.  343;  are  civil  executive  officers,  sec.  343;  are 
appointed  by  Governor  with  consent  of  Senate, 
sec.  368. 


725  Property  Liable  to  Taxation.  §  3(507 

TITLE  IX. 

REVENUE. 

Chapter  I.    Property  Liable  to  Taxation. 
II.    Definitions. 
III.    Assessment  of  Property. 
IV.    Equalization  of  Taxes. 
V.    Levy  of  Taxes. 
VI.    Duties  of  the  Auditor  in  Relation  to 

Revenue. 
VII.    Collection  of  Property  Taxes. 
VIII.    Collection  of  Taxes  by  the  Assessor 
on  Certain  Personal  Property. 
IX.    Poll  Taxes. 
X.    Settlements   with   the   Controller  and 
Payments  into  State  Treasury. 
XI.    Miscellaneous  Provisions. 

CHAPTER  I. 

PROPERTY     LIABLE     TO     TAXATION. 

§  3607.    Property  subject  to  taxation. 
§  3608.     Shares   of  stock   in   corporations. 

§  3607.  All  property  in  this  State,  not  exempt 
under  the  laws  of  the  United  States,  excepting 
fruit  and  nut  bearing  trees  under  the  age  of  four 
years  from  the  time  of  planting  in  orchard  form, 
and  grapevines  under  the  age  of  three  years 
from  the  time  of  planting  in  vineyard  form,  grow- 
ing crops,  property  used  exclusively  for  public 
schools,  free  public  libraries,  and  free  museums, 
and  such  as  may  belong  to  the  United  States,  this 
State,  or  to  any  county  or  municipal  corporation 
within  this  State,  is  subject  to  taxation,  as  in  this 
Code  provided;  but  nothing  in  this  Code  shall  be 
construed  to  require  or  permit  double  taxation. 
[Amendment,  approved  March  28.  1895;  Stats. 
1895,  p.  310.    In  effect  March  28,  1895.] 

What  ob.iects  may  be  taxed:  See  sec.  3617. 

All  property  sub,ject  to  taxation. — "Real  estate" 
includes  what:  See  sec.  3617,  post. 


§  3(j08         Property  Liable  to  Taxation.  726 

"Property"  defined:  See  see.  3617,  post. 

Property  subject  to  taxation— Meaning  of  term 
property  in  this  connection,  sec.  8617,  subd.  1. 
Solvent  debts,  or  "credits,"  held  property  within 
the  meaning  of  that  word  as  used  in  Const.  Cal. 
1840. 

Act  establishing  tax  on  collateral  inheritance: 
See  General  Laws,  title  "Taxation." 

Act  imposing  tax  on  issue  of  certificates  of  stock, 
repealed:  See  General  Laws,  title  "Taxation." 

Exemptions  in  this  secton— Growing  crops.— The 
exemptions  here  enumerated  conform  to  Const. 
Cal.,  art.  13,  sec.  1. 

Public  schools. — Constitutional  authority  for 
this  exemption:  Art.  13.  sec.  1;  and  see  sees.  1817- 
1861. 

The  taxing  the  property  of  a  corporation,  as 
well  as  the  shares  of  the  stock,  is  expi'essly  de- 
clared to  be  double  taxation:  Sec.  3608. 

§  3608.  Shares  of  stock  in  corporations  pos- 
sess no  intrinsic  value  over  and  above  the  actual 
value  of  the  property  of  the  corporation  which 
they  stand  for  and  represent,  and  the  assessment 
and  taxation  of  such  shares  and  also  of  the  coriJO- 
rate  property  would  be  double  taxation.  There- 
fore all  property  belonging  to  corporations  shall  be 
assessed  and  taxed,  but  no  assessment  shall  be 
made  of  shares  of  stock,  nor  shall  any  holder 
thereof  be  taxed  therefor.  [New  section,  ap- 
proved March  7.  1881;  Stats.  1881,  p.  56.  In  efEeet 
March  7.  1881.] 


727  Definitions.  §  3617 

CHAPTER  II. 

DEFINITIONS. 
§  3617.     Definition   of   terms. 

§  3617.  Whenever  the  terms  mentioned  in  this 
section  are  employed  in  this  act,  they  are  em- 
ployed in  the  sense  hereafter  affixed  to  them: 

First— The  term  "property"  includes  moneys, 
credits,  bonds  (except  of  railroad  or  quasi-public 
corporations),  stocIi:s,  dues  franchises,  and  all 
other  matters  and  things,  real,  personal,  and 
mixed,  capable  of  private  ownership. 

Second— The  term  "real  estate"  includes: 

1.  The  possession  of,  claim  to,  ownership  of,  or 
right  to  the  possession  of  land. 

2.  All  mines,  minerals,  and  quarries  in  and  un- 
der the  land,  all  tiudier  belonging  to  individuals 
or  corporations,  growing  or  being  on  the  lands  of 
the  United  States,  and  all  rights  and  privileges  ap- 
pertaining thereto. 

3.  A  mortgage,  deed  of  trust,  contract,  or  other 
obligation  by  which  a  debt  is  secured,  when  land 
is  pledged  for  the  payment  and  discharge  thereof, 
shall,  for  the  purpose  of  assessment  and  taxation, 
be  deemed  and  treated  as  an  interest  in  the  land 
so  pledged.  ,    ji,-,; 

4.  lmi>rovements. 

Third — The  term  "improvements"  includes: 

1.  All  buildings,  structures,  fixtures,  fences,  and 
improvements  erected  upon  or  affixed  to  the  land, 
ex(,'ept  telephone  and  telegraph  lines. 

2.  All  fruit,  nut-bearing,  or  ornamental  trees 
and  vines,  not  of  natural  growth,  excepting  fruit 
and  nut-bearing  trees  under  four  years  of  age, 
and  grapevines  under  three  years  of  age. 

Fourth— The  term  "personal  property"  Includes 
every  thing  wlii'*li  is  the  subject  of  ownei'ship,  not 
included  within  the  meaning  of  the  term  "real  es- 
tate" or  "improvements." 

Fifth — The  terms  "value"  and  "full  cash  value" 
mean  the  amount  at  whicli  the  property  would  be 
taken  in  payment  of  a  just  debt  due  from  a  sol- 
vent debtor. 


§  3617  Assessment  of  Property.  72S 

Sixth— The  term  "credits"  means  those  solvent 
debts,  not  secured  by  mortgage  or  trust  deed,  ow- 
ing to  the  person,  firm,  corporation,  or  association 
assessed.  The  term  "debt"  means  those  unsecur- 
ed liabilities  owing  by  the  person,  firm,  corpora- 
tion, or  association,  assessed  to  bona  fide  resi- 
dents of  this  State,  or  firms,  associations,  or  cor- 
porations doing  business  therein;  but  credits, 
claims,  debts,  and  demands  due,  owing,  or  accru- 
ing for  or  on  account  of  money  deposited  with 
savings  and  loan  corporations,  shall,  for  the  pur- 
pose of  taxation,  be  deemed  and  treated  as  an  in- 
terest in  the  property  of  such  corporation,  and  shall 
not  be  assessed  to  the  creditor  or  owner  thereof. 
[Amendment,  approved  March  28,  1895;  Stats. 
1895,  p.  310.    In  effect  March  28,  1895.] 

Property:  See  Const.  Cal.,  art.  13,  sec.  1. 

Stoelv:  See  sec.  3608. 

How  mortgages  are  to  be  assessed:  See  sec. 
3627. 


CHAPTEE   III. 

ASSESSMENT      OF      PROPERTY. 

§  3627.    Property,  how  assessed. 

§  3628.    Assessments,   how,  by  whom. 

§  3629.     Contents  of  statement  required  by  Assessor. 

§  3630.     Blank    forms    of   statement,    and    afiBdavit    therefor. 

§  3631.     Statement  to  be  filled  out  and  returned  to  Assessor. 

§  3632.  Power  of  Assessor  to  require  affidavit  and  testi- 
mony. 

§  3633.  Property  of  person  neglecting  or  refusing  to  give 
statement,    how    assessed. 

§  3634.  Sufficient  description  and  survey  of  property,  how 
obtained  by  Assessor  by  aid  of  Court. 

§  3635.  Assessment  of  unknown  or  absent  owners  of 
property. 

§  3636.    Same. 

§  3637.    Property   situated    in    another    county. 

§  3638.    Consigned   property. 

§  3639.     Trustees,   guardians,   executors,  and  administrators. 

?  3640.    Enrollment  of  persons  subject  to  poll  tax. 

§  3641.  Property  of  firm  or  corporation  assessed  where  sit- 
uated. 

§  3642.    Undistributed  property  of  deceased  persons. 

§  3643.     Ferries  and   toll   bridges,    where   assessed. 

§  3644.    Vessels,    where   assessed. 

§  3645.     Same. 

§  3646.    Boats  and  small   craft. 


Assessment  of  Property.  §  3627 

Property  and  money  in  litigation. 
Property    concealed,    misrepresented,    etc. 
Property   not   taxed    in   previous    year. 
Property,   how   listed. 
Form  of  assessment  book. 
Affidavit  to  completed  assessment  book. 
Copy  of  property  assessed  in  cities  or  towns. 
Delivery  of  assessment  book,   etc.,   to  Clerk  of  Su- 
pervisors.    Notice  of  meeting  to  equalize  assess- 
ments. 
Statement   by  Assessor    to    State  Board  of   Equaliza- 
tion, to  show  what,  when  made. 
Penalty  for  failure  of  Assessor  to  complete  assess- 
ment  book    or   transmit   statement. 
Persons  claiming  ownership  of  property  and  desir- 
ing  to   be   assessed. 
Supervisors  to  furnish  Assessor  with  maps.     Costs, 

how  paid. 
Lists    of   land   sold   by   State   to   be   transmitted   to 
Assessor   of   county   where   the    property   is   situ- 
ated. 
§  3660.    When  Assessor    liable    for     taxes      on      unassessed 

property. 
§  3361.    District  Attorney  to  prosecute  Assessor  for  unpaid 

taxes,    when. 
§  3662.    Judgment,   when  entered  against  Assessor. 
§  3633.    Assessment   of   water   ditches,    toll    roads   and   tele- 
graph lines. 
§  3664.    Assessment  of  railway  property  by  State  Board  of 

Equalization. 
§  3665.    Assessment  as  basis  of  taxation. 
§  3666.     Books  to  be  kept  by  State  Board  of  Equalization. 
§  3667. »  County   rate   of   taxation. 
§  3668.    Publication  by  Controller. 
§  3669.     Certain  taxes  to  be  paid  State  Treasurer. 
§  3670.     Controller  to  sue  for  delinquent  taxes. 
§  3371.    Basis  of  taxation  for  counties. 

§  3627.  All  taxable  property  must  be  assessed 
at  Its  full  cash  value.  Land  and  improvements 
thereon  shall  be  separately  assessed.  Cultivated 
and  uncultivated  land  of  the  same  quality,  and 
similarly  situated,  shall  be  assessed  at  the  same 
value.  A  mortgage,  deed  of  trust,  contract,  or 
other  obligation  by  which  a  debt  is  secured,  shall, 
for  the  purposes  of  assessment  and  taxation,  be 
deemed  and  treated  as  an  interest  in  the  property 
affected  thereby,  except  as  to  railroad  and  other 
quasi-public  corporations.  In  case  of  debts  so  se- 
cured, the  value  of  the  property  affected  by  such 
mortgage,  deed  of  ti-ust,  contract,  or  obligation, 
less  the  value  of  such  security,  shall  be  assessed 


§  3628  Assessment  of  Property.  730 

and  taxed  to  the  owner  of  the  property,  and  the 
value  of  such  security  shall  be  assessed  and  taxed 
to  the  owner  thereof,  in  the  county,  city,  or 
district  in  which  the  property  affected  there- 
by is  situated.  The  taxes  so  levied  shall  be 
a  lien  upon  the  property  and  security,  and  may  be 
paid  by  either  party  to  such  security;  if  paid  by 
the  owner  of  the  security,  the  tax  so  levied  upon 
the  property  affected  thereby  shall  become  a  part 
of  the  debt  so  secured.  If  the  owner  of  the  prop- 
erty shall  pay  the  tax  so  levied  on  such  security, 
it  shall  constitute  a  payment  thereon,  and.  to  the 
extent  of  such  payment,  a  full  discharge  thereof. 
If  any  such  security  or  indebtedness  shall  be  paid 
by  any  such  delitor  or  debtors  after  assessment 
and  before  the  tax  levy,  the  amount  of  such  levy 
may  liliewise  be  retained  by  such  debtor  or  debt- 
ors, and  shall  be  computed  according  to  the  tax 
levy  for  the  preceding  year;  and  every  contract 
by  which  a  debtor  is  obliged  to  pay  any  tax  or  as- 
sessment on  money  loaned,  or  on  any  mortgage, 
deed  of  trust,  or  other  lien,  shall,  as  to  axiy  inter- 
est specified  therein,  and  as  to  such  tax  or  assess- 
ment, be  null  and  void.  [Amendment,  approved 
March  7.  1881;  Stats.  1881.  p.  .57.  In  effect  March 
7,  1881.] 

"Improvements"  defined:  See  sec.  3617,  subd.  4. 
Full  cash  value  defined:  Sec.  3617.  subd.  5.  Lands, 
provision  for  assessment  of.  conforms  to  Const. 
Cal.  1879,  art.  13,  sec.  2. 

Mortgages  and  similar  obligations,  provision  in 
section  for  assessment  of,  nearly  identical  with 
Const.  Cal.  1879,  art.  13,  sec.  4.  except  last  clause, 
which  is  talien  from  section  5  of  same  article  of 
Constitution. 

Reassessment  of  property,  act  in  relation  to: 
See  General  Laws,  title  "Taxation." 

§  3628.  The  iTanchise.  roadway,  roadbed,  rails, 
and  rolling  stoclv  of  all  railroads  operated  in  more 
than  one  county  in  this  State  shall  be  assessed  by 
the  State  Board  of  Equalization,  as  hereinafter 
provided  for.  Other  franchises,  if  granted  by  the 
authorities  of  a  county,  city,  or  city  and  county, 
must  be  assessed  in  the  county,  city,  or  city  and 
county  Avithin  which  they  were  granted;  if  grant- 
ed by  any  other  authority,  they  must  be  assessed 


731  Assessment  of  Property.  §  3629 

in  the  county  in  which  the  corporations,  firms, 
or  persons  owning  or  liolding-  them  have  tb^ir 
principal  place  of  business.  All  other  taxable 
property  shall  be  assessed  in  the  county,  city,  or 
city  and  county,  town,  township,  or  district  in 
which  it  is  situated.  Land  shall  be  assessed  in  par- 
cels or  subdivisions  not  exceeding  six  hundred  and 
forty  acres  each;  and  tracts  of  land  containing 
more  than  six  hundred  and  forty  acres,  which 
have  been  sectionized  by  the  United  States  gov- 
ernment, shall  be  assessed  by  sections  or  fractions 
of  sections.  I-ands  sold  by  the  State  for  which  no 
patent  has  been  issued  shall  be  assessed  the  same 
as  other  lauds,  but  the  owner  shall  be  entitled  to 
a  deduction  from  such  assessed  valuation  in  the 
amount  due  the  State  as  principal  upon  the  pur- 
chase price.  The  assessor  must,  between  the  first 
Mondays  in  March  and  July  of  each  year,  ascer- 
tain the  names  of  all  taxable  inhabitants,  and  all 
the  property  in  his  county  subject  to  taxation,  ex- 
cept such  as  is  required  to  be  assessed  by  the 
State  Board  of  Equalization,  and  must  assess  such 
property  to  the  persons  by  Avhom  it  was  owned  or 
claimed,  or  in  whose  possession  or  control  it  was, 
at  twelve  o'clock  meridian,  of  the  first  Monday  in 
March  next  pi-eceding;  but  no  mistake  in  the  name 
of  tlie  owner  or  supiwsed  owner  of  real  property 
shall  render  the  assessment  thereof  invalid.  In 
assessing  solvent  credits,  not  secured  by  mortgage 
or  trust  deed,  a  reduction  therefrom  shall  be  made 
of  debts  due  to  bona  fide  residents  of  this  State. 
[Amendment,  approved  March  28.  1895;  Stats. 
1895,  p.  311.    In  effect  INIarch  28.  1895.] 

Franchises— subject  to  taxation:  See  sec.  3617, 
subd.  1,  and  note. 

Railroad  propertv — assessment  of:  See  Const. 
Cal.  1879,  art.  13,  sec.  10. 

As  to  the  manner  of  assessing  railroads:  See 
post,  sees.  3(!64,  3665. 

Place  of  assessment:  See  sees.  3641-3646;  pro- 
vision for,  follows  Const.  Cal.  1879,  art.  13,  sec.  10. 

Assessment  of  lands— provision  follows  Const. 
Cal.   1879,  art.   13,   sec.   3. 

Coi-jwration  and  firm  names:  See  sec.  3641,  post. 

§  3629.  He  must  exact  from  each  person  a 
statement,  under  oath,  setting  forth  specifically 
all  the  real  and  personal  property  owned  by  such 


§  3629  Assessment  of  Property.  732 

person,  or  in  his  possession,  or  under  his  control, 
at  twelve  o'cloclv  M.  on  the  first  Monday  in 
March.  Such  statement  shall  be  in  writing,  show- 
ing sepai'ately: 

1.  All  property  belonging  to,  claimed  by,  or  in 
the  possession  or  under  the  control  or  manage- 
ment of  such  person. 

2.  All  property  belonging  to,  claimed  by,  or  in 
the  possession  or  under  the  control  or  manage- 
ment of  any  firm  of  which  such  person  is  a  mem- 
ber. 

3.  All  property  belonging  to,  claimed  by,  or  in 
the  possession  or  under  the  conti'ol  or  manage- 
ment of  any  corporation  of  w'hich  such  person  is 
President,  Secretaiy,  Cashier,  or  managing  agent. 

4.  The  county  in  which  such  property  is  situ- 
ated, or  in  which  it  is  liable  to  taxation,  and  (if 
liable  to  taxation  in  the  county  in  which  the  state- 
ment is  made)  also  the  city,  town,  township, 
school  district,  road  district,  or  other  revenue  dis- 
tricts in  wiiich  it  is  situated. 

5.  An  exact  description  of  all  lands  in  parcels 
or  subdivisions,  not  exceeding  six  hundred  and 
forty  acres  each,  and  the  sections  and  fractional 
sections  of  all  tracts  of  land  containing  more 
than  six  hundred  and  forty  acres,  which  have 
been  sectionized  by  the  United  States  govern- 
ment, improvements  and  personal  property,  in- 
cluding all  vessels,  steamers,  and  other  water 
craft,  and  all  taxable  State,  county,  city  or  other 
municipal  or  public  bonds,  and  the  taxable  bonds 
of  any  person,  firm,  or  corporation,  and  deposits 
of  money,  gold  dust,  or  other  valuables,  and  the 
names  of  the  persons  with  whom  such  deposits 
are  made,  and  the  places  in  which  they  may  be 
found,  all  mortgages,  deeds  of  ti'ust,  contracts, 
and  other  obligations  by  which  a  debt  is  secured 
and  the  property  in  the  county  affected  thereby. 

6.  All  solvent  credits,  unsecured  by  deed  of 
trust,  mortgage,  or  other  lien  on  real  or  personal 
property,  due  or  owing  to  such  person,  or  any 
firm  of  which  he  is  a  member,  or  due  or  owing  to 
any  corporation  of  which  he  is  President,  Secre- 
tary, Cashier,  or  Managing  Agent,  deducting  from 
the  sum  total  of  such  credits  such  debts  only,  un- 
secured by  trust  deed,  mortgage,  or  other  lien  on 
real  or  personal  property,  as  may  be  owing  by 
such  person,  firm,  or  corporation,  to  bona  fide  res- 


733  Assessment  of  Property.  §  3630 

icleiits  of  this  State.  No  debt  shall  be  so  deducted 
unless  th*^  statement  shows  the  amount  of  such 
debt  as  stated  under  oath  in  aggregate;  provided, 
in  case  of  banks  the  statement  is  not  required  to 
show  the  debt  in  detail,  or  to  whom  it  is  owing; 
but  the  Assessor  shall  have  the  privilege  of  exam- 
ining the  books  of  such  banks  to  verify  said  state- 
ment. Whenever  one  member  of  a  firm,  or  one 
of  the  proper  officers  of  a  corporation,  has  made 
a  statement  showing  the  property  of  the  firm,  or 
corporation,  another  member  of  the  firm,  or  an- 
other officer,  need  not  include  such  property  in  the 
statement  made  by  him;  but  his  statement  must 
show  the  name  of  the  person  or  officer  who  made 
the  statement  in  which  such  property  is  included. 
[Amendment  approved  March  7,  1881;  Stats.  1881, 
p.  58.     In  effect  March  7,  1881.] 

Sworn  statement — required  bv  section,  pursuant 
to  Const.   Cal.,   1879,  art.   13,   sec.  8. 

Refusing  to  give  statement:  See  sec.  3633,  post. 

Subdivision  4.  Revenue  district  wherein  prop- 
ert.v  situatetl — is  p'lace  of  assessment:  See  sec. 
3628. 

Subdivision  5.  Lands  —  assessment  of:  Sec. 
3627. 

Vessels — steamers  and  other  water-craft,  where 
taxed:  See  sees.  3644-3646. 

Mortgages — and  like  obligations,  how  assessed: 
See  sec.  3627. 

Subdivision  6.  Solvent  Credits— definition  of 
terms  "credits"  and  "debts":  Sec.  3(517,  subd.  6; 
deduction  of  debts  due  bona  fide  residents,  see 
sec.  3628. 

§  3630.  The  Board  of  Supervisors  must  furnish 
the  Assessor  Avitli  blank  forms,  as  prescribed  by 
the  State  Board  of  Equalization,  of  the  statements 
provided  for  in  the  preceding  sections,  affixing 
thereto  an  affidavit,  which  must  be  siibstantially 
.as  follows: 

"I, ,  do  swear  that  I  am  a  resident  of 

the  county  of  (naming  it):  that  the  above  list  con- 
tains a  full  and  correct  statement  of  all  property 
sub.iect  to  taxation  which  I,  or  any  firm  of  which 
I  am  a  nioml)er,  or  any  corporation,  association, 
or  company  of  which  I  am  president,  cashier,  sec- 
retai-y.  or  managing  agent,  owned,  claimed,  pos- 
sessed, or  controlled,  at  twelve  o'clock  M.,  on  the 
rol.  Code— 62. 


§§  3631,3632  Assessment  of  Property.  734 

first  Monday  in  March  last,  and  which  is  not  al- 
ready assessed  this  year;  and  that  I  have  not,  in 
any  manner  whatsoever,  transferred  or  disposed 
of  any  property,  or  placed  any  property  out  of 
said  county  or  my  possession  for  the  purpose  of 
avoiding  any  assessment  upon  the  same,  or  of 
making  this  statement;  and  that  the  debts  therein 
stated  as  owing  by  me  are  owing  to  bona  fide 
residents  of  this  State,  or  to  firms  or  corpora- 
tions doing  business  in  this  State." 

The  affidavit  to  the  statement  on  behalf  of  a 
firm  or  corporation  must  state  the  principal  place 
of  business  of  the  firm  or  corporation,  and  in  oth- 
er respects  must  conform  substantially  to  the  pre- 
ceding form.  [Amendment  approved  March  28, 
1895;  Stats.  1895,  p.  312.  In  effect  March  28, 
1895.] 

§  3631.  The  Assessor  may  fill  out  the  state- 
ment at  the  time  he  presents  it,  or  he  may  deliver 
it  to  the  person  and  require  him,  within  an  ap- 
pointed time,  to  return  the  same  to  him,  properly 
filled  out. 

§  3632.    Every  Assessor  shall  have  power: 
First— To  require  any  person  found  within  such 
Assessor's  respective     county  to   make  and   sub- 
scribe an  affidavit,  giving  his  name  and  place  of 
residence. 

Second— To  subpoena  and  examine  any  person  in 
relation  to  any  statement  furnished  to  him,  or 
which  discloses  property  which  is  assessable  in 
his  respective  county;  and  he  may  exercise  this 
power  in  any  county  where  the  persons  whom  he 
desires  to  examine  may  be  found,  but  shall  have 
no  power  to  require  such  persons  to  appear  be- 
fore him  in  any  other  county  than  that  in  which 
the  subpoena  is  served  upon  them.  Every  person 
wlio  shall  refuse  to  furnish  the  statement  herein- 
before required  in  this  chapter,  or  to  make  and 
subscribe  such  affidavit  respecting  his  name  and 
place  of  residence,  or  to  appear  and  testify  when 
requested  so  to  do  by  the  Assessor,  as  above  pro- 
vided, shall,  for  each  and  every  refusal,  and  as 
often  as  the  same  is  repeated,  forfeit  to  the  peo- 
ple of  the  State  the  sum  of  one  hundred  dollars, 
in  gold  coin  of  the  United  States,  to  be  recovered 
by  action  brought  in  their  name  by  the  respective 


735  Assessment  of  Property.  §  3633 

Assessor  in  any  Police  or  Justice's  Court.  In  ease 
such  affidavit  sliall  sliow  tlie  residence  of  ttie  pex*- 
son  maljing  tlie  same  to  be  in  any  county  otlier 
than  that  in  which  it  is  talien,  or  the  statement 
shall  disclose  property  in  any  county  other  than 
that  in  which  it  is  made,  the  Assessor  shall,  in 
the  respective  case,  file  the  aflidavit  or  state- 
ment in  his  office,  and  transmit  a  copy  of  the 
same,  certifietl  by  him,  to  the  Assessor  of  the 
county  in  which  such  residence  or  property  is 
therein  shown  to  be.  One-half  of  all  moneys  re- 
covered by  any  Assessor  under  the  provisions  of 
this  section  must  by  him  be  paid  into  the  Treas- 
ury of  his  county,  and  the  other  half  may  be  re- 
tained by  the  Assessor  for  his  own  use.  [Amend- 
ment approved  March  24,  1874;  Amendments  1873- 
4,  p.  144.     In  effect  March  24,  1874.] 

§  3633.  If  any  person,  after  demand  made  by 
the  Assessor,  neglects  or  refuses  to  give,  under 
oatli,  the  statement  herein  provided  for,  or  to 
comply  with  the  other  requirements  of  this  title, 
the  Assessor  must  note  the  refusal  on  the  assess- 
ment book,  opposite  the  name  of  such  person,  and 
must  make  an  estimate  of  the  value  of  such  prop- 
erty of  such  person,  and  the  Assessor  must  trans- 
mit on  or  before  the  first  day  of  July  of  each  year 
to  the  Board  of  Supervisors  a  verified  report  in 
writing,  separate  from  the  assessment  roll,  con- 
taining a  complete  list  of  all  persons  who  refuse 
or  neglect  to  furnish  a  statement  of  their  property 
as  herein  provided  for,  or  to  comply  with  the  re- 
quirements of  this  title,  the  amount  of  the  assess- 
ment upon  the  property  of  such  persons,  with  a 
statement  of  the  particular  facts,  if  any,  upon 
which  the  assessment  has  been  made,  and  the 
valuation  of  the  property  so  assessed  ascertained. 
The  Board  of  Supervisors  must  investigate  and  in- 
quire into  all  assessments  and  values  so  fixed  by 
the  Assessor,  as  prescribed  by  this  section,  and 
for  that  purpose  must  nM(uire  each  taxpayer  af- 
fected by  such  assessment  and  valuation  to  make 
a  statement  under  oath,  within  ten  days  from 
making  an  order  requiring  such  statement,  set- 
ting forth  specifically,  all  the  propei'ty  owned  or 
controlled,  or  in  the  possession  of  such  "taxpayer  on 
the  first  Monday  of  March.  If  any  taxpayer,  af- 
ter demand  made  by  the  Board  of  Supervisors, 


§  3634  Assessment  of  Property.  736 

shall  neglect  or  refuse  to  make  and  deliver  to  the 
said  Board  of  Supervisors  the  statement,  duly  ver- 
ified, herein  provided  for,  or  to  comply  with  the 
other  requirements  of  this  title,  the  said  Board 
of  Supervisors,  sitting  as  a  county  boaxxl  of  equal- 
ization, must  increase  such  assessment  and  val- 
uation to  such  an  amount  as  the  said  board  shall 
deem  just;  but  the  value  fixed  by  the  Assessor 
must  not,  in  any  case,  be  reduced  by  the  Board 
of  Supervisors.  [Amendment  approved  March  4, 
1897;  Amendments  1897,  chap.  Ixxiii.  In  effect 
immediately.] 
Basis  of  section:  Stats.  1861,  p.  423. 

§  3634.  When  the  Assessor  has  not  received 
from  the  owner  of  a  tract  of  land  the  statement 
required  by  section  three  thousand  six  hundred 
and  twenty-nine,  or  when  such  statement  does  not 
sufficiently  describe  a  tract  of  land  to  enable  the 
Assessor  to  assess  the  same  as  required  by  law, 
and  the  owner  or  his  agent,  or  in  case  they  can- 
not be  found  or  are  unlcnown,  the  person  in  pos- 
session thereof,  neglects  for  ten  days  after  de- 
mand by  tlie  Assessor  to  furnish  said  Assessor 
with  such  description,  the  Assessor  shall  cite  such 
owner,  or  agent,  or  person  in  possession,  to  appear 
before  the  Superior  Court  of  the  county  wherein 
such  laud  is  situated,  within  five  days  after  ser- 
vice of  such  citation,  and  the  said  Superior  Court 
shall,  upon  the  day  named  in  such  citation,  to  the 
exclusion  of  all  other  business,  proceed  to  hear 
the  return  and  answer  of  the  said  owner,  or 
agent,  or  person  in  possession,  to  the  said  cita- 
tion; and  if  the  Court  shall  find  that  the  land  has 
not  been  surveyed  or  divided  Into  subdivisions  of 
six  hundred  and  forty  acres,  or  less,  so  that  each 
part  or  parcel  may  be  described  by  metes  and 
bounds,  then  the  Court  shall,  by  order  duly  en- 
tered in  open  Court,  direct  the  County  Surveyor 
to  make  a  survey,  and  define  the  boundaries  and 
location  of  said  land  by  parcels  or  subdivisions 
not  exceeding  six  hundred  and  forty  acres  each, 
and  deliver  the  same  to  the  County  Assessor. 
The  expense  of  making  such  survey  and  descrip- 
tion by  the  County  Surveyor  shall  be  a  lien  upon 
the  land,  and  sliall,  when  approved  by  the  said 
Superior  Court,  be  certified  by  said  Court  to  the 
Tax  Collector  of  the  county  where  the  land  is  sit- 


737  Assessment  of  Property.  §§  3635-3639 

uated,  and  be  added  to  the  taxes  upon  said  land, 
and  be  collected  as  other  taxes  are  collected. 
[Amendment  approved  March  22.  1880;  Amend- 
ments 1880,  p.  9.    In  effect  March  22,  1880.] 

Description  of  lands  in  parcels — or  subdivisions, 
required  in  statement  by:  Sec.  3029,  subd.  5. 

§  3635.  If  the  owner  or  claimant  of  any  prop- 
erty, not  listed  by  another  person,  is  absent  or 
unknown,  the  Assessor  must  make  an  estimate  of 
the  value  of  such  property. 

Absent  owner — known  or  unknown,  how  assess- 
ed:  Sec.  3636. 

§  3636.  If  the  name  of  the  absent  owner  is 
known  to  the  Assessor,  or  if  it  appears  of  record 
in  the  ofhce  of  the  County  Recorder  where  the 
property  is  situated,  the  property  must  be  assess- 
ed to  such  name.  If  unknown  to  the  Assessor,  and 
if  it  does  not  appear  of  record  as  aforesaid,  the 
property  must  be  assessed  to  unknown  owners. 
[Amendment  approved  March  14,  1891;  Stats. 
1891,  p.  107.] 

Assessment-book:  See  post.  sec.  3650. 

§  3637.  The  Assessor,  as  soon  as  he  receives 
a  statement  of  any  taxable  property  situated  in 
another  county,  must  make  a  copy  of  such  state- 
ment for  each  county  iu  which  the  same  is  situ- 
ated, and  transmit  the  same,  by  mail  or  express, 
to  the  Assessor  of  the  proper  county,  who  must 
assess  the  same  as  other  taxable  property  therein. 

Mig-ratory  live  stock:  See  General  Laws,  title 
"Taxation." 

Assessment  of  animals:  See  General  Laws,  title 
"Taxation." 

§  3638.  All  personal  pi'operty  consigned  for 
sale  to  any  person  within  this  State  from  any 
place  out  of  this  State  must  be  assessed  as  other 
property. 

§  3639.  "When  a  person  is  assessed  as  agent, 
trustee,  bailee,  guardian,  executor,  or  admin- 
isti'ator,  liis  repi-esentative  designation  must  be 
added  to  his  name  and  the  assessment  entered  on 
a  separate  line  from  his  individual  assessment. 


§  3040  Assessment  of  Property.  738 

§  3640.  The  Assessor  or  his  deputies  must,  be- 
fore tlie  first  Monday  in  June  of  eacli  year,  in 
eacli  of  tlie  counties  and  cities  and  counties,  visit 
eacli  liouse  and  place  of  business  in  their  districts, 
and  enroll  in  a  field  enrollment  book,  in  such 
form  as  may  be  required  by  the  State  Board  of 
Equalization,  all  male  persons  residing  in  said 
county  over  eighteen  years  of  age  and  under  sixty 
years  of  age  on  the  first  Monday  in  March  of 
that  year.  On  such  field  enrollment  book  shall 
be  stated  whether  the  person  enrolled  is  liable  to 
a  State  poll  tax,  a  road  poll  tax,  or  military  duty; 
give  the  number  of  the  poll  tax  receipt,  and  the 
amount  paid,  if  poll  taxes  are  collected;  where 
his  residence  is,  postottice  addi'ess,  giving  street 
and  number,  if  any;  occupation,  by  whom  employ- 
ed; whether  the  owner  of  real  estate;  the  State  or 
country  of  nativity;  whether  naturalized  or  not, 
and  any  reason  that  may  be  given  why  poll  tax 
was  not  paid.  From  such  field  enrollment  books 
the  military  roll,  as  required  by  section  one  thou- 
sand eight  hundred  and  ninety-seven,  and  the 
roll  of  poll  tax  payers,  required  by  section  three 
thousand  eight  Imndred  and  fifty-seven,  shall  be 
made.  Personal  property  unsecured  by  real  es- 
tate must  be  assessed  and  taxes  collected  at  the 
time  of  enrollment  of  persons  for  poll  taxes;  re- 
ceipt must  be  issued  for  personal  property  tax 
from  a  stub-book,  having  the  stubs  numbered  the 
same  as  the  receipt;  sucli  stub-books  shall  have  a 
line  for  the  name  of  the  person  assessed,  the 
amount  of  the  assessment,  the  rate  collected,  and 
lines  for  the  items  assessed  for  collection,  the  to- 
tal amount,  the  date  of  collection,  and  the  name 
of  the  deputy  making  the  collection.  Such  blank 
personal  tax  receipt  boolvs  shall  be  furnished  for 
such  purpose  b.v  the  auditor,  and  all  unused  re- 
•ceipts  must  be  turned  in  by  the  Assessor  with  his 
settlement  for  personal  property  taxes  on 
the  first  Monday  in  August  of  each  year.  The  As- 
sessor or  his  deputies  shall  also  note  on  the  as- 
sessment statement,  against  eacli  tract  of  land  or 
lot  assessed,  the  condition  of  surface  of  each 
tract,  using  the  words  level,  rolling,  broken,  hilly, 
or  rocky;  also,  the  quality  of  soil,  using  the  words 
fruit,  grain,  pasture,  timber,  or  rocks;  also, 
wiiether  it  is  wet,  dry,  semi-moist,  or  has  water 
rights;  also,  the  kind  and  value  of  improvements 
located  on  each  tract  or  lot.     [New  section  ap- 


739  Assessment  of  Property.  §§  3641-3645 

proved  March  28,  1895;  Stats.  1895,  p.  312.     In  ef- 
fect March  28,   1895.]  . 

§  3641.  The  property  of  every  firm  and  corpo- 
ration must  be  assessed  in  the  county  where  the 
property  is  situate,  and  must  be  assessed  in  the 
name  of  the  firm  or  corporation. 

County  where  property  situated— assessment  in: 
See  sec,  3628. 

§  3642.  The  undistributed  or  unpartitioned 
property  of  deceased  persons  may  be  assessed  to 
the  heirs,  guardians,  executors,  or  administra- 
tors; and  a  payment  of  taxes  made  by  either 
binds  all  the  parties  in  interest  for  their  equal 
proportions. 

No  distribution  of  estate — until  all  taxes  paid: 
Sec.  3752. 

§  3643.  A  ferry-boat  is  a  vessel  traversing 
across  any  of  the  waters  of  the  State,  between  two 
constant  points,  regularly  employed  for  the  trans- 
fer of  passengers  and  freight,  authorized  by  law 
so  to  do,  and  also  any  boat  employed  as  a  part  of 
the  system  of  a  railroad  for  the  transfer  of  pas- 
sengers and  freight,  plying  at  regular  and  stated 
Ijeriods  between  two  points.  Where  ferries  con- 
nect more  than  one  county,  the  wharves,  store- 
houses, and  all  stationary  property  belonging  to 
or  connected  witli  such  ferries,  must  be  assessed, 
and  the  taxes  paid,  in  the  county  where  located. 
The  value  of  the  franchise,  and  watercraft,  and 
of  all  toll  bridges  connecting  more  than  one  coun- 
ty, must  be  assessed  in  equal  proportions  in  the 
counties  connected  by  sucli  ferries  or  toll  bridges, 
L Amendment  approved  March  12,  1885.  In  effect 
March  12,  1885.] 

§  3644.  All  vessels,  except  ferryboats,  which 
may  be  registered,  of  every  class  which  are  by 
law  required  to  be  registered,  must  be  assessed, 
and  the  taxes  thereon  paid,  only  in  the  county, 
or  city  and  county,  wliere  the  same  are  register- 
ed, enrolled,  or  licensed.  [Amendment  approved 
March  12,  1885.     In  effect  March  12,  1885.] 

§  3645.  Vessels  registered,  licensed,  or  enroll- 
ed out  of  and  plying  in  whole  or  in  part  in  the 
waters  of  this  State,  the  owners  of  which  reside 
in  this  State,  must  be  assessed  in  this  State. 


§§  3646-3650  Assessment  of  Property.  740 

§  3646.  All  boats  and  small  craft  not  required 
to  be  registered,  must  be  assessed  in  the  county 
where  their  ownei*  resides. 

§  3647.  Money  and  property  in  litigation  in 
possession  of  a  County  Treasurer,  of  a  Court, 
County  Clerlv,  or  Receiver,  umst  be  assessed  to 
such  Treasurer,  Clerk,  or  Receiver,  and  the  taxes 
be  paid  thereon  under  the  direction  of  the  Court. 

§  3648.  Any  property  willfully  concealed,  re- 
moved, transferred,  or  misrepresented  by  the 
owner  or  agent  thereof,  to  evade  taxation,  upon 
discovery,  must  be  assessed  at  not  exceeding  ten 
times  its  value,  and  the  assessment  so  made  must 
not  be  reduced  by  the  Board  of  Supervisors. 

§  3649.  Any  property  discovered  by  the  Asses- 
sor to  have  escaped  assessment  for  the  last  pre- 
ceding year,  if  such  property  is  in  the  ownership 
or  under  the  control  of  the  same  person  who  own- 
ed or  controlled  it  for  such  preceding  year,  may 
be  assessed  at  double  its  value. 

§  3650.  The  Assessor  must  prepare  an  assess- 
ment-book, with  appropriate  headings  as  directed 
by  the  State  Board  of  Equalization,  in  which 
must  be  listed  all  property  within  the  county,  un- 
der the  appropriate  head. 

1.  The  name  of  the  person  to  whom  the  prop- 
erty is  assessed. 

2.  Land,  by  township,  range,  section,  or  frac- 
tional section:  and  when  such  land  is  not  a  Con- 
gressional division  or  subdivision,  by  metes  and 
bounds,  or  otlier  description  sufficient  to  identify 
it,  giving  an  estimate  of  the  number  of  acres,  not 
exceeding  in  each  and  every  tract  six  hundred 
and  forty  acres,  locality,  and  the  improvements 
thereon.  When  any  tract  of  land  is  situated  in 
two  or  more  school,  road,  or  other  revenue  dis- 
tricts of  the  county,  the  part  in  each  township 
or  district  must  be  separately  assessed.  The  im- 
provements to  be  assessed  against  the  particular 
section,  tract,  or  lot  of  land  upon  which  they  are 
located. 

3.  City  and  town  lots,  naming  the  city  or  town, 
and  the  number  of  the  lot  and  block,  according  to 
the  system  of  numbering  in  such  city  or  town, 
and  the  improvements  thereon. 


741  Assessment  of  Property.  §  3G50 

4.  All  personal  property,  showing  the  number, 
kind,  amoimt,  and  quality;  but  a  failure  to  enu- 
merate in  detail  such  personal  property  does  not 
invalidate  the  assessment. 

5.  The  cash  value  of  real  estate,  other  than  city 
or  town  lots. 

6.  The  cash  value  of  improvements  on  such 
real  estate. 

7.  The  cash  value  of  city  and  town  lots. 

S.  The  cash  value  of  improvements  on  city 
and  town  lots. 

9.  The  cash  value  of  improvements  on  real  es- 
tate assessed  to  persons  other  than  the  owners 
of  the  real  estate. 

10.  The  cash  value  of  all  personal  pi'operty,  ex- 
clusive of  money. 

11.  Tlie  amount  of  money. 

12.  The  assessment  of  tlie  franchise,  roadway, 
roadbeds,  rails,  and  roUins  stock  of  any  railroad, 
as  apportioned  to  his  county  by  tlie  State  Board 
of  Equalization,  and  also  such  otlier  apportion- 
ments of  such  franchises,  roadways,  roadbeds, 
rails,  and  rolling  stock  as  may  be  made  by  such 
board,  and  furnished  to  him  for  the  purpose  of 
taxation  in  any  district  in  his  county.  Taxable  im- 
provements owned  by  any  person,  firm,  associa- 
tion, or  corporation,  located  upon  land  exempt 
from  taxation,  shall,  as  to  the  manner  of  assess- 
ment, be  assessed  as  otlier  real  estate  upon  the 
assessment-book.  No  value  shall,  however,  be  as- 
sessed against  the  exempt  land,  nor  under  any 
circumstances  shall  the  land  be  charged  with  or 
become  responsible  for  the  assessment  made 
against  any  taxable  impi-ovements  located  there- 
on. 

13.  The  scliool,  road,  and  other  revenue  dis- 
tricts in  which  each  piece  of  property  assessed  is 
situ.ated. 

14.  Tlie  total  value  of  all  property. 

W.  When  any  property,  except  tlint  owned  by 
a  railroad  or  otlier  quasi-public  corpor.ation,  is 
subject  to  or  affected  by  a  mortgage,  deed  of 
trust,  contract,  or  other  obligation  by  which  a 
debt  is  secured,  he  must  enter,  in  the  proper  col- 
umn, the  value  of  such  security,  and  deduct  the 
same.  In  entering  assessments  containing  sol- 
vent credits  sul>.iect  to  deductions,  as  provided  in 
section  three  thousand  six   hundred  and  twenty- 


§§  3651,  3652  Assessment  of  Property.  742 

eight  of  this  Code,  he  must  enter  in  the  proper 
column  the  value  of  the  debts  entitled  to  exemp- 
tion and  deduct  the  same.  In  making  the  de- 
ductions from  the  total  value  of  property  assess- 
ed, as  above  directed,  he  must  enter  the  remain- 
der in  the  column  provided  for  the  total  value  of 
all  property  for  taxation.  Each  franchise  must 
be  entered  in  the  assessment-boolj;  without  com- 
bining the  same  with  other  property  or  the  valua- 
tion thereof. 

16.  The  figure  one  (1),  in  separate  columns,  op- 
posite tlie  name  of  every  person  liable  to  pay  a 
poll  tax. 

li.  Such  other  things  as  the  State  Board  of 
Equalization  may  require.  [Amen'^'nient  ai- 
proved  March  28.  1895;  Stats.  1895,  p.  313.  In  ef- 
fect March  28,  1895.] 

Name  of  person  assessed — If  the  owner's  name 
cannot  be  ascertained,  the  assessment  must  be  to 
"unknown  owners":  Sec.  3636,  ante. 

Correcting  assessment-book:  See  sec.  3881,  post. 

§  3651.  The  Assessor  must  prepare  an  index 
to  the  assessment-book,  Avhich  must  show  the 
name  of  the  taxpayer,  each  page  whereon  his  as- 
sessment appears,  the  postoffice  address,  or  the 
postoffice  address  of  his  agent,  secretary,  or  man- 
aging agent,  when  known.  The  State  Board  of 
Equalization  shall  prescribe  the  form  of  such  in- 
dex. [Amendment  approved  March  28,  1895; 
Stats.  1895,  p.  314.     In  effect  March  28,  1895.] 

§  3652.  On  or  before  the  first  Monday  in  July, 
in  each  year,  the  Assessor  must  complete  his  as- 
sessment book.  He  and  his  deputies  must  take 
and  subscribe  an  affidavit  in  the  assessment  book, 

to  be  substantially  as  follows:     "I ,  Assessor 

of  (or   Deputy  Assessor,   as    the    case    may  be), 

County,    do   swear   that   between   the  first 

Monday  in  Marcli  and  the  first  Monday  in  July, 

eighteen  hundred  and ,  I  have  made  diligent 

inquiry  and  examination  to  ascertain  all  the  prop- 
erty within  the  county  (or  within  the  subdivision 
thereof  assessed  by  me,  as  the  case  may  be),  sub- 
ject to  assessment  by  me,  and  that  the  same  has 
been  assessed  on  the  assessment  book,  equally 
and  uniformly,  according  to  the  best  of  my  judg- 
ment,  information,   and   belief,   at   its  full     cash 


743  Assessment  of  Property.  §§  3653,3054 

value;  and  that  I  have  faithfully  complied  with 
all  the  duties  imposed  on  the  Assessor  under  the 
revenue  laws;  and  that  I  have  not  imposed  any 
unjust  or  double  assessment  through  malice  or  ill- 
will  or  otherwise;  nor  allowed  any  one  to  escape 
a  just  and  equal  assessment  through  favor;  or 
reward,  or  otherwise."  But  the  failure  to  talie  or 
subscribe  such  an  affidavit,  or  any  affidavit,  will 
not  in  any  manner  affect  tlie  validity  of  the  as- 
sessment. [Amendment  approved  March  7,  1881; 
Stats.  1881,  p.  61.     In  effect  March  7,  1881.] 

Failure  to  complj^  with  this  section:  Penal  Code, 
sec.  176. 

§  3653.  1.  On  or  before  the  third  Monday  in 
July  of  each  year,  the  Assessor  must  furnish  such 
incorporated  cities  and  towns  within  the  county 
as  shall  make  written  request  for  the  same,  ou  or 
before  the  first  Monday  in -March  of  each  year, 
a  complete  certified  copy  of  his  assessment-book, 
so  far  as  such  assessment-book  pertains  to  prop- 
erty within  the  limits  of  said  incorporated  cities 
and  towns. 

2.  The  Assessor  may  charge  incorporated  cities 
and  towns  five  cents  per  folio  of  one  hundred 
woi'ds  for  each  copy  of  his  assessment-book,  fur- 
nished  such   incorporated  cities  and  towns. 

3.  The  Assessor  must,  on  the  first  Monday  of 
each  month,  furnish  all  such  incorporated  cities 
and  towns  within  the  county  as  shall  make  writ- 
ten request  for  the  same,  a  description  of  all  per- 
sonal property,  the  name  and  address,  by  street 
and  number,  of  the  owners,  and  assessed  value 
tliereof,  whenever  the  tax  on  such  property  is  col- 
lected by  the  Assessor. 

4.  The  Assessor  may  charge  incorporated  cities 
and  towns  five  cents  per  folio  of  one  hundred 
words  for  such  description  of  personal  property. 
[Amendment  approved  March  28,  1895;  Stats. 
1895,  p.  314.     In  effect  March  28,  1895.] 

Stats.  1861,  sec.  20. 

§  3654.  As  soon  as  completed  the  assessment- 
book,  together  with  the  map-books,  statements, 
and  military  roll,  must  be  delivered  to  the  clerk 
of  the  board  of  supervisors,  wlio  must  immedi- 
ately give  notice  thereof,  and  of  the  time  the 
board  will  meet  to  equalize  assessments,  by  pub- 


§§  3G55-3657  Assessment  of  Property.  744 

licalion  in  a  uewspapei',  if  any  is  printed  in  the 
county;  if  none,  tlaen  in  such  manner  as  the 
board'  may  direct.  In  the  mean  time  the  assess- 
meut-boolv,  map-boolc  and  statements  must  re- 
main in  his  oflice  for  the  inspection  of  all  persons 
Interested.  After  the  board  of  equalization  has 
completed  its  labors,  the  map-books  and  state- 
ments sliall  be  returned  to  tlie  county  assessor's 
office,  and  shall  be  liept  in  said  office  for  future 
reference.  [Amendment  approved  March  28, 
1895;  Stats.  1895,  p,  315.  In  effect  March  28, 
1895.] 

§  3655.  On  the  second  Monday  in  July  of  each 
year,  the  assessor  of  each  county  must  transmit 
to  the  State  Board  of  Equalization,  in  such  form 
as  said  board  sliall  require,  a  statement  showing: 

1.  The  several  Icinds  of  personal  property. 

2.  The  average  and  total  value  of  each  kind. 

3.  The  numbei'  of  livestock,  number  of  bushels 
of  grain,  number  of  gallons  of  wines  or  liquors, 
number  of  pounds  or  tons  of  any  article  sold  by 
the  pound  or  ton. 

4.  When  practicable,  the  separate  value  of 
each  class  of  land,  specifying  the  classes  and  the 
number   of   acres    of   each. 

5.  A  true  statement  of  the  agricultural  and  in- 
dustrial pursuits  and  products  of  the  county, 
with  such  other  statistical  information  as  said 
board  sliall  require.  [Amendment  approved 
:March  28,  1805:  Stats.  1895,  p.  315.  In  effect 
March  28,   1895.] 

§  3656.  Every  assessor  who  fails  to  complete 
his  assessment-boolv,  or  who  fails  to  transmit  the 
statement  mentioned  in  the  preceding  section  to 
the  State  Board  of  Equalization,  forfeits  the  sum 
of  one  thousand  dollars,  to  be  recovered  on  his 
official  bond,  for  the  use  of  the  county,  in  an  ac- 
tion brought  in  the  name  of  the  people  by  the 
Attorney  General  when  directed  to  do  so  by  the 
State  Board  of  Equalization.  [Amendment  ap- 
proved March  28,  1895;  Stats.  1895,  p.  315.  In 
effect  March  28,  1S95.] 

§  3657.  Lands  once  described  on  the  assess- 
ment-book need  not  be  described  a  second  time. 
^)ut  any  person  claiming  the  same,  and  desiring 


745  Assessment  of  Property.  §§  3G58-3660 

to  be  assessed  therefor,  may  have  his  name  in- 
serted with  that  of  the  person  to  whom  such  land 
is  assessed. 

§  3658.  The  board  of  supervisors  of  each 
county  must  provide  map  and  plat  boolvs  for  the 
use  of  the  assessor,  showing  tlie  private  lands 
owned  or  claimed  in  the  county,  and  if  survej'ed 
under  the  authority  of  the  United  States,  tlie  di- 
visions and  subdivisions  of  the  survey;  if  held 
under  Spanish  grant,  the  exterior  boundaries  of 
sucli  grants,  the  divisions  and  subdivisions  and 
number  of  acres  claimed.  Maps  of  cities  and  vil- 
lages and  school  districts  must  in  lilje  manner  be 
provided.  The  State  Board  of  Equalization  shall 
prescribe  the  forms  for  such  map  and  plat  books, 
and  may  require  such  map  and  plat  boolcs  to  be 
indexed  to  show  owners'  names,  give  correct  de- 
scription for  assessment,  show  improvements  and 
assessed  value.  The  cost  of  making  such  map 
and  plat  books  is  a  county  charge,  and  must  be 
paid  from  the  county  general  fund.  [Amend- 
ment approved  March  28,  1895;  Stats.  1895,  p.  316. 
In  effect  immediately.] 

§  3659.  On  or  before  the  first  Monday  in 
March  in  each  year  the  Surveyor  General  of  the 
State  and  the  Tide  Land  Commissioners  must 
make  out  and  transmit  to  the  assessor  of  each 
county  where  lands  or  lots  lie  that  may  have 
been  sold  by  the  State,  for  which  certificates  of 
purchase,  patents  or  deeds  have  issued,  during 
the  year  preceding,  certified  lists  of  such  lands 
or  lots,  giving  a  description  thereof  by  Congres- 
sional divisions  and  subdivisions,  or  lots  and 
blocks,  together  with  the  names  of  the  purchas- 
ers thereof,  and  the  amount  of  principal  unpaid, 
if  any,  on  the  first  Monday  in  March.  [Amend- 
ment approved  April  1,  1897;  amendments  1897, 
chap,  cclxvii.     In  effect  immediately.] 

Tide  Land  Commissioners— board  of,  abolished 
by  repeal  of  sees.  365  and  698. 

§  3660.  The  assessor  and  his  sureties  are 
liable  on  his  official  bonds  for  all  taxes  on  prop- 
erty within  the  county,  which,  through  his  will- 
ful failure  or  neglect  is  unassessed. 

Official  bonds— Sees.  947-986. 
Pol.  Code-«3. 


§§  3661-3664  Assessment  of  Property.  746 

§  3661.  Any  taxpayer  who  shall  have  knowl- 
edge of  any  property  that  has  escaped  taxation 
as  provided  in  the  preceding  section,  may  file 
with  the  board  of  supervisors  an  affidavit  setting 
forth  the  fact  that  such  property  has,  through 
the  willful  failure  or  neglect  of  the  assessor,  es- 
caped taxation,  together  with  a  description  of  the 
property  as  near  as  such  taxpaj'er  may  be  able 
to  give;  whereupon  said  board  shall  direct  the 
district  attorney  to  commence  an  action  on  the 
assessor's  bond  for  the  amount  of  taxes  lost  from 
such  willful  failure  or  neglect.  [Amendment 
approved  March  28,  1895;  Stats.  1895,  p.  316.  In 
effect  immediately.] 

§  3662.  On  the  trial  of  such  action,  the  value 
of  the  property  unassessed  being  shown,  .judg- 
ment for  the  amount  of  taxes  that  should  have 
been  collected  thereon  must  be  entered.  The 
amount  thus  recovered  shall  be  distributed  as 
provided  in  section  three  thousand  eight  hundred 
and  sixteen  of  this  Code.  [Amendment  ap- 
proved March  28,  1895;  Stats.  1895,  p.  316.  In 
effect  immediately.] 

§  3663.  Water  ditches  constructed  for  mining, 
manufacturing  or  irrigating  purposes,  and  wagon 
and  turnpilve  toll  roads  must  be  assessed  the 
same  as  real  estate  by  the  assessor  of  the  county, 
at  a  rate  per  mile  for  that  portion  of  such  prop- 
erty as  lies  within  his  county.  All  telegraph  and 
telephone  hues  shall  be  described  in  the  same 
manner  as  real  estate  is  described,  but  assessed 
as  personal  property  by  the  assessor  of  the 
county,  at  a  rate  per  mile  for  that  portion  of 
such  propertv  as  lies  within  his  countv.  [Amend- 
ment approved  INlarch  28,  1895;  Stats.  1895,  p.  316. 
In  effect  immediately.] 

§  3664.  The  President,  Secretary  or  Manag- 
ing Agent,  or  such  other  officer  as  the  State 
Board" of  Equalization  may  designate  of  any  cor- 
poration, and  each  person,  or  association  of  per- 
sons, owning  or  operating  any  railroad  in  more 
than  one  county  in  this  State,  shall  on  or  before 
the  first  Monday  in  April  of  each  year,  furnish 
the  said  board  a  statement,  signed  and  sworn 
to  by  one  of  such  officers,  or  by  the  person  or  one 


747  Assessment  of  Property.  §  3664 

of  the  persons  forming  such  association,  showing 
in  detail  for  the  year  ending  on  the  first  Monday 
in  March  in  each  year: 

1.  The  whole  number  of  miles  of  railway  in 
the  State,  and,  where  the  line  is  partly  out  of  the 
State,  the  whole  number  of  miles  without  the 
State,  and  the  whole  number  within  the  State, 
owned  or  operated  by  such  corporation,  person  or 
association; 

2.  The  value  of  the  roadway,  roadbed  and  rails 
of  the  whole  railway,  and  the  value  of  the  same 
within  the  State; 

3.  The  width  of  the  right  of  way; 

4.  The  number  of  each  Ivind  of  all  rolling  stock 
used  by  such  corporation,  person  or  association 
in  operating  the  entire  railway,  including  the 
part  without  the  State; 

5.  Number,  kind  and  value  of  rolling  stock 
owned  and  operated  in  the  State. 

6.  Number,  kind  and  value  of  rolling  stock 
used  in  the  State,  but  owned  by  tlie  party  mak- 
ing the  returns; 

7.  Number,  kind  and  value  of  rolling  stock 
owned,  but  used  out  of  tlie  State,  either  upon  di- 
visions of  road  operated  by  the  party  making  the 
returns,  or  by  and  upon  other  railways. 

Also  showing  in  detail  for  the  year  preceding 
the  first  of  January: 

1.  The  gross  earnings  of  the  entire  I'oad; 

2.  The  gross  earnings  of  the  road  in  the  State, 
and  where  the  railway  is  let  to  other  operators, 
hoAV  much  was  derived  by  the  lessor  as  rental; 

3.  The  cost  of  operating  the  entire  road,  exclu- 
sive of  sinking  fund,  expenses  of  land  depart- 
ment, and  money  paid  to  the  United  States; 

4.  Net  income  for  sucli  year  and  amount  of 
dividend  declared; 

5.  Capital  stock  authorized; 

6.  Capital  stocli  paid  in; 

7.  Ffinded  debt; 

8.  Number  of  shares  authorized; 

9.  Number  of  shares  of  stoclc  issued; 

10.  Any  other  facts  the  State  Board  of  Equali- 
zation may  require; 

11.  A  description  of  any  part  or  portion  of 
such  railroad  wliich  may  be  in  the  possession  and 
control  of  any  other  railroad  company  or  corpora- 


§  3665  Assessment  oJ:  Property.  748 

tion,  and  operated  by     such     other     corporation 
under  a  lease  or  other  contract. 

12.  The  President,  Secretary  or  Managing 
Agent,  or  such  other  officer  as  the  State  Board  of 
Equalization  may  designate  of  any  corporation 
or  association  of  persons  operating  in  this  State 
any  portion  of  a  line  of  railroad  owned  by  and 
belonging  to  some  other  corporation  or  associa- 
tion, which  runs  in  more  than  one  county,  shall 
make  the  same  statement  as  is  herein  required  to 
be  made  by  the  foregoing  provisions  of  this  sec- 
tion by  the  owner  of  such  railroad. 

13.  A  description  of  the  road,  giving  the  points 
of  entrance  into  and  the  points  of  exit  from  each 
county,  with  a  statement  of  the  number  of  miles 
in  each  county.  When  a  description  of  the  road 
shall  once  have  been  given,  no  otlier  annual  de- 
scription thereafter  is  necessary,  unless  the  road 
shall  have  been  changed.  "Whenever  the  road,  or 
any  portion  of  the  road,  is  advertised  to  be  sold, 
or  is  sold  for  taxes,  either  State  or  county,  no 
other  description  is  necessary  than  tliat  given  liy, 
and  the  same  is  conclusive  upon  the  corporation, 
person,  or  association  giving  the  description.  No 
assessment  is  invalid  on  account  of  a  misdescrip- 
tion of  the  railway,  or  the  right  of  way  for  tlie 
same.  If  such  statement  is  not  furnished  as 
above  provided,  the  assessment  made  by  the 
State  Board  of  Equalization  upon  the  property  of 
the  corporation,  person  or  association  failing  to 
furuisli  the  statement  is  conclusive  and  final. 
[Amendment  approved  April  1,  1897;  amend- 
ments 1897,  chap,  cclvi.] 

§  3665.  The  State  Board  of  Equalization  must 
meet  at  the  State  capitol  on  the  third  Monday  in 
July,  and  continue  in  open  session  from  day  to 
day,  Sundays  excepted,  until  the  first  Monday  in 
August.  At  such  meeting  the  board  must  assess 
the  franchise,  roadway,  roadbed,  rails  and  j'olling 
stoclv  of  all  railroads  operated  in  more  than  one 
county.  l)ut  franchises  derived  from  the  United 
States  shall  not  be  assessed.  Assessments  must 
be  made  to  the  corporation,  person  or  association 
of  persons  owning  the  same.  If  any  portion  of 
any  railroad  less  than  the  whole  is  operated  by 
some  corpoi'ation  or     association     of     individuals 


749  Assessment  of  Property.  §  3665 

other  than  the  owner  of  such  railroad,  under 
lease  or  other  contract,  and  such  portion  so 
operated  runs  into  more  than  one  county,  the 
value  of  such  part  or  portion  of  such  railroad 
shall  be  assessed  separate  and  apart  from  the 
balance  of  said  railroad,  and  the  board  shall  as- 
sess the  roadway,  roadbed  and  rails  of  such  por- 
tion of  such  railroad,  together  with  the  rolling 
stocli  used  tliereon  by  the  corporation  or  associa- 
tion of  individuals  operating  the  same.  The  de- 
pots, stations,  shops  and  buildings  erected  upon 
the  space  covered  by  the  right  of  way,  and  all 
other  property  owned  by  such  person,  corporation 
or  association  of  persons,  are  assessed  by  the  as- 
sessor of  the  county  wherein  tliey  are  situate. 
Within  twenty  days  after  the  first  Monday  of 
August,  the  board  must  apportion  tlie  total  as- 
sessment of  the  franchise,  roadway,  roadbed, 
rails  and  i-olllug  stock  of  eacli  railway  to  the 
counties,  or  cities  and  counties,  in  which  such 
railway  is  located,  in  proportion  to  the  number  of 
miles  of  railway  laid  in  such  counties,  and  cities 
and  counties.  The  board  must  also,  within  said 
time,  transmit  bj'  mail  to  the  county  auditor  of 
each  county,  or  cit.v  and  county,  to  which  such 
apportionment  shall  have  been  made,  a  statement 
showing  the  length  of  the  main  tracl^:  of  sucli 
railway  within  the  county,  or  city  and  county, 
with  a  description  of  the  said  traclv  within  tlie 
county,  or  city  and  county,  including  the  right  of 
way,  by  metes  and  bounds,  or  other  description 
sufficient  for  identification,  the  assessed  value 
per  mile  of  tlie  same,  as  fixed  by  a  pro  rata  dis- 
tribution per  mile  of  the  assessed  value  of  tlie 
whole  franchise,  I'oadway,  roadbed,  rails  and  roll- 
ing stoclv  of  sueli  railway  Avithin  the  State,  and 
the  amount  apportioned  to  the  county,  or  city 
and  count.v.  The  auditor  must  enter  the  state- 
ment on  the  assessment  roll  or  boolv  of  the 
county,  or  city  and  county,  and  where  the  county 
is  divided  into  assessorial  townships  or  districts, 
then  on  the  roll  or  book  of  any  township  or  dis- 
trict he  may  S(dect,  and  enter  tlie  amount  of  tlie 
assessment  apportioned  to  the  county,  or  city  and 
c-ounty,  in  the  column  of  tlie  assessment  boolv  or 
roll  as  aforesaid,  wliich  shows  the  total  value  of 
all  property  for  taxation,   either  of     the  county. 


§  3665  Assessment  of  Property.  750 

city  and  county,  or  such  township  or  district.  On 
the  fourth  Monday  in  September,  the  board  of  su- 
pervisors must  malve  and  cause  to  be  entered  in 
the  proper  record  book  an  order  stating  and  de- 
claring the  length  of  main  track  of  the  railway 
assessed  by  the  State  Board  of  Equalization 
within  the  county,  the  assessed  value  per  mile 
of  sucli  railway,  the  number  of  miles  of  track, 
and  the  assessed  value  of  such  railway  lying  in 
eacli  city,  town,  township,  school  and  road  dis- 
trict, or  lesser  taxation  district  in  the  county,  or 
city  and  county,  through  which  such  railway 
runs,  as  fixed  by  the  State  Board  of  Equalization 
which  shall  constitute  the  assessment  value  of 
said  property  for  taxable  purposes  in  such  city, 
town,  township,  school,  road  or  other  district; 
and  the  clerk  of  the  board  of  supervisors  must 
transmit  a  copy  of  each  order  or  equalization  to 
the  city  council,  or  trustees,  or  other  legislative 
body  of  incorporated  cities  or  towns,  the  trustees 
of  each  school  district  and  the  authorized  au- 
thorities of  other  taxation  districts  through 
which  such  railway  runs.  All  such  railway  prop- 
erty shall  be  taxable  upon  said  assessment  at  the 
same  rates,  by  the  same  officers  and  for  the  same 
purposes,  as  the  property  of  individuals  within 
such  city,  town,  township,  school,  road  and  lesser 
taxation  districts,  respectively.  If  the  owner  of 
a  railway  assessed  by  the  State  Board  of  Equali- 
zation is  dissatisfied  with  the  assessment  made 
by  the  board,  such  owner  may,  at  the  meeting  of 
the  board,  under  the  provisions  of  section  three 
thousand  six  hundred  and  ninety-two  of  the  Po- 
litical Code,  between  the  first  Monday  in  August 
and  the  first  INIonday  in  Septembei",  apply  to  the 
board  to  have  tlie  same  corrected  in  any  particu- 
lar, and  the  board  may  correct  and  increase  or 
lower  the  assessment  made  by  it  so  as  to  equalize 
tlie  same  witli  the  assessment  of  other  property 
in  the  State.  If  the  board  shall  increase  or  lower 
any  assessment  previously  made  by  it,  it  must 
make  a  statement  to  the  county  auditor  of  the 
county  affected  by  the  change  in  the  assessment 
of  the  change  made,  and  the  auditor  must  note 
such  change  upon  the  assessment  book  or  roll  of 
the  county,  as  directed  by  the  board.  [Amend- 
ment approved  April  1,  1897;  Stats.  1897,  chap. 
cclvi.J  J    I 


751  Assessment  of  Property.  §  366G 

On  tlie  same  day  auotlier  sec,  3665,  was  ap- 
pi-oved,  chapter  267.  This  differed  from  the  one 
in  the  text  only  in  that  the  supervisors  must 
make  the  entry  on  the  third  instead  of  the  fourth 
Monday. 

§  3666.  The  State  Board  of  Equalization  must 
prepare  each  year  a  book,  to  be  called  "Record  of 
Assessments  of  Railways."  in  which  must  be  en- 
tered each  assessment  made  by  the  board,  either 
in  writing  or  by  both  writing  and  printing.  Bach 
assessment  so  entered  must  be  signed  by  the 
chairman  and  clerk.  The  record  of  the  apportion- 
ment of  the  assessments  made  by  the  board  to 
the  counties,  and  cities  and  counties,  must  be 
made  in  a  separate  boolv,  to  be  called  "Record  of 
Apportionment  of  Railway  Assessments."  In 
such  last-described  book  must  be  entered  the 
names  of  the  railways  assessed  by  the  board,  the 
names  of  the  corporations  to  which,  or  the  name 
of  the  person  or  association  to  whom  was  as- 
sessed each  railway  in  the  State,  the  number  of 
miles  thereof  in  each  county,  or  city  and  county, 
the  total  assessment  of  the  franchise,  roadway, 
roadbed,  rails  and  rolling  stock,  for  purposes  of 
State  taxation,  and  the  amount  of  the  apportion- 
ment of  such  total  assessment  to  each  county, 
and  city  and  county,  for  county,  or  city  and 
county  taxation.  Before  the  third  Monday  in 
September  of  each  year,  the  clerlv  of  the  State 
Board  of  Equalization  must  prepare  and  transmit 
to  the  Controller  of  State  duplicates  of  the 
"Record  of  Assessment  of  Railways"  and 
"Record  of  Apportionment  of  Railway  Assess- 
ments," each  certified  by  the  chairman  and  clerk 
of  tlie  board,  and  to  be  Ivuown,  respectively,  as 
"Duplicate  Record  of  Assessment  of  Railways" 
and  "Duplicate  Record  of  Apportionment  of  Rail- 
way Assessments."  In  the  last-named  duplicate 
all  necessary  appropriate  columns  must  be  added, 
in  Avhich  the  Controller  must  enter  the  amount  of 
taxes  in  installments  due  the  State  upon  the 
whole  assessment,  by  each  corporation,  person  or 
association,  and  the  amount  of  taxes,  in  install- 
ments, due  eacli  county,  or  city  and  county,  upon 
the  assessment  apportioned  to  each  county,  or 
city  and  county,  by  each  corporation,  person  or 
association. 


§§  36(57.  3668  Assessment  of  Property.  752 

The  two  duplicates  constitute  the  warrant  for 
the  Controller  to  collect  the  State  and  county, 
and  city  and  county  taxes  levied  upon  such  prop- 
erty assessed  by  the  board,  and  the  amount  of 
the  apportionment  of  the  assessment  to  each 
county,  and  city  and  county,  respectively. 
[Amendment  approved  March  28.  1895;  Stats. 
1895,  p.  316.     In  effect  March  28,  1895.] 

§  3667.  When  the  board  of  supervisors  of 
each  county,  and  city  and  county,  to  which  the 
State  Board  of  Equalization  has  apportioned  the 
assessment  of  railways,  shall  have  fixed  the  rate 
of  county,  or  city  and  county,  taxation,  the  clerk 
of  the  boai'd  of  supervisors  must,  within  three 
days  after  such  rate  has  been  fixed,  transmit  by 
mail,  postage  paid,  to  the  Controller,  in  such 
form  as  the  Controller  shall  direct,  a  statement 
of  the  rate  of  taxation  levied  by  the  board  of  su- 
pervisors for  county,  or  city  and  county,  taxa- 
tion. If  the  clerk  fails  to  transmit  such  state- 
ment in  the  time  herein  provided  for.  he  shall  for- 
feit to  the  State  one  thousand  dollars,  to  be  re- 
covered in  an  action  brought  by  the  Attorney 
General,  in  the  name  of  tlie  Controller.  On  or  be- 
fore the  second  Monday  of  October  the  Controller 
must  compute  and  enter  in  separate  money  col- 
umns, in  the  "Duplicate  Record  of  Apportion- 
ment of  Railway  Assessments"  the  respective 
sums,  in  dollars  and  cents,  rejecting  fractions  of 
a  cent,  to  he  paid  by  the  corporation,  person  or 
association  liable  therefor,  as  the  State  tax  iipon 
the  total  amount  of  the  assessment,  and  the 
county,  or  city  and  coiinty,  tax  upon  the  appor- 
tionment of  the  assessment  to  each  county,  and 
city  and  covmty,  of  the  property  assessed  to  such 
corporation,  person  or  association  named  in  said 
duplicate  record.  fAmendment  approved  March 
28.  1895;  Stats.  1895,  p.  317.  In  effect  March  28, 
1895.]     • 

§  3668.  Within  ten  days  after  the  second 
Monday  in  October,  the  Controller  must  publish  a 
notice  for  two  weelvs  in  one  daily  newspaper  of 
general  circulation  at  the  State  capital,  and  in 
two  daily  newspapers  of  general  circulation  pub- 
lished in  the  city  of  San  Francisco,  specifying— 

1.    Tliat  he  has  received  from  the  State  Board 


753  Assessment  of  Property.  §  3668 

of  Equalization  the  "Duplicate  Record  of  Assess- 
ments of  Railways"  and  the  "Duplicate  Record 
of  Apportionment  of  Railway  Assessments." 

2.  That  the  taxes  on  all  personal  property  and 
one  half  of  the  taxes  on  all  real  property  are 
now  payable,  and  will  be  delinquent  on  the  last 
Monday  in  November  next,  at  six  o'clock  p.  m., 
and  that  unless  paid  to  the  State  Treasurer  at  the 
capitol,  prior  thereto,  five  per  cent,  will  be  added 
to  the  amount  thereof,  and  unless  so  paid  on  or 
before  the  last  Monday  in  April  next,  at  six  p.  m., 
an  additional  five  per  cent,  will  be  added  to  the 
amount  thereof;  that  the  remaining  one  half  of 
the  taxes  on  all  real  projierty  will  be  due  and 
payable  at  any  time  after  the  first  Monday  in 
January  next,  and  will  be  delinquent  on  tlie  last 
Monday  in  April  next,  at  six  o'cloclv  p.  m.,  and 
that  unless  paid  to  the  State  Treasure!*,  at  the 
capitol,  prior  thereto,  five  pei-  cent,  will  be  added 
to  the  amount  tliereof. 

On  the  last  Monday  in  April  of  each  year,  at  six 
o'clock  p.  m.,  all  unpaid  taxes  are  delinquent,  and 
thereafter  there  must  be  collected  liy  the  State 
Treasurer,  or  other  proper  officer,  an  addition  of 
ten  per  centum  upon  those  taxes  wliich  became 
delinquent  the  precedinjj  November,  and  have 
not  been  paid,  prior  to  the  said  time,  on  the  last 
Monday  in  April  of  each  year,  and  an  addition  of 
five  per  centum  upon  all  taxes  for  the  preceding 
year,  whicli  became  delinquent  on  the  said  last 
Monday  in  April,  whicli  sum,  wlien  collected, 
must  be  set  aside  by  the  Treasiu-er  as  a  fund 
with  whicli  to  pay  the  contingent  expenses  of  ac- 
tions against  any  delinciuents,  the  said  expenses 
to  be  audited  by  tlie  Board  of  Examiners,  and 
any  surplus  remaining  shall  go  into  the  general 
school  fund  of  the  State.  When  any  taxes  are 
paid  to  the  State  Treasurer  l)y  order  of  the  Con- 
troller, upon  assessments  made  and  ajjportioned 
hy  tlie  State  Board  of  Equalization,  the  Con- 
troller must  forthwith  notify  tlie  auditor  and 
treasurei',  resiiectively,  of  each  county,  and  city 
and  county,  that  such  taxes  liave  beeii  paid,  Jinil 
of  the  amount  tliereof  to  which  eacli  comity,  and 
city  and  county,  interested  is  entitled.  The  State's 
portion  of  the  taxes  must  lie  distriliuted  by  the 
treasurer  to  eacli  fund  entitled  thereto,  and  the 
portion  belonging  to  the  counties  and  cities  and 


§  3669  Assessment  of  Property.  754     i 

counties  must  be  placed  in  a  fund,  to  be  called 
"Railway  Tax  I'und,"  to  the  credit  of  eacli 
county  and  city  and  county  entitled  thereto. 
When  any  taxes  are  placed  in  the  "Railway  Tax 
Fund"  to  the  credit  of  a  county,  or  city  and 
county,  the  Controller,  at  the  next  settlement 
with  the  Controller -by  the  treasurer  of  such 
county,  or  city  and  county,  must  draw  and  de- 
liver to  such  treasurer  his  warrant  upon  the 
State  Treasurer  for  the  amount  in  the  fund  to  the 
credit  of  such  county,  or  city  and  county. 
[Amendment  approved  March  31,  1891;  Stats. 
1891,  p.  441.    In  effect  first  Monday  in  July,  1891.] 

§  3669.  Each  corporation,  person  or  associa- 
tion assessed  by  the  State  Board  of  Equalization 
must  pay  to  the  State  Treasurer,  upon  the  order 
of  the  Controller,  as  other  moneys  are  required  to 
be  paid  into  the  Treasury,  the  State  and  county 
and  city  and  county  taxes  each  year  levied  upon 
the  property  so  assessed  to  it  or  him  by  said 
board.  Any  corporation,  person  or  association 
dissatisfied  with  the  assessment  made  by  the 
board,  upon  the  payment  of  the  taxes  due  upon 
the  assessment  complained  of,  and  the  percent- 
age added,  if  to  be  added,  on  or  before  the  first 
Monday  in  June,  and  the  filing  of  notice  with 
the  Controller  of  an  intention  to  begin  an  action, 
may,  not  later  than  tlie  first  Monday  in  June, 
bring  an  action  against  the  State  Treasurer  for 
the  recovery  of  the  amount  of  taxes  and 
percentage  so  paid  to  the  Treasurer,  or  any  part 
thereof,  and  in  tiie  complaint  may  allege  any  fact 
tending  to  show  tlie  illegality  of  tlie  tax.  or  of  the 
assessment  upon  whicli  the  taxes  are  levied,  in 
whole  or  in  part.  A  copy  of  the  complaint  and  of 
the  summons  must  be  served  upon  the  Treasurer 
within  ten  days  after  the  complaint  has  been 
filed,  and  the  Treasurer  has  thirty  days  within 
which  to  demur  or  answer.  At  tlie  time  the 
Treasurer  demurs  or  answers,  he  may  demand 
that  the  action  be  tried  in  the  Superior  Court  of 
the  county  of  Sacramento.  The  Attorney  Gene- 
ral must  defend  the  action.  The  provisions  of 
the  Code  of  Civil  Procedure  relating  to  pleadings, 
proofs,  trials  and  appeals  are  applicable  to  the 
proceedings  herein  provided  for.  If  the  final  .iudg- 
ment  be  against  the  Treasurer,  upon  presentation 


755  Assessment  of  Property.  §  8670 

of  a  certified  copy  of  sucli  judgment  to  the  Con- 
troller he  shall  draw  his  warrant  upon  the  State 
Treasurer,  who  must  pay  to  the  plaintiff  the 
amount  of  the  taxes  so  declared  to  have  been  il- 
legally collected;  and  the  cost  of  such  action, 
audited  by  the  Board  of  Examiners,  must  be  paid 
out  of  any  money  in  the  general  fund  of  the 
Treasury,  which  is  hereby  appropriated,  and  the 
Controller  may  demand  and  receive  from  the 
county,  or  city  and  county  interested,  the  propor- 
tion of  such  costs,  or  may  deduct  such  proportion 
from  any  money  then  or  to  become  due  to  said 
county,  or  city  and  county.  Such  action  must  be 
begun  on  or  before  the  first  Monday  in  June  of 
the  year  succeeding  the  year  in  which  the  taxes 
were  levied,  and  a  failure  to  begin  such  action 
is  deemed  a  waiver  of  the  rights  of  action. 
[Amendment  approved  March  31,  1891;  Stats. 
1891,  p.  442.  In  effect  first  Monday  in  July, 
1892.] 

§  3670.  Within  sixty  days  after  the  first  Mon- 
day in  June  of  each  year,  the  Controller  must  be- 
gin an  action  in  the  proper  court,  in  the  name  of 
the  people  of  the  State  of  California,  to  collect 
the  delinquent  taxes  upon  the  property  assessed 
by  the  State  Board  of  Equalization;  such  suit 
must  be  for  the  taxes  due  the  State,  and  all  the 
counties,  and  cities  and  counties,  upon  property 
assessed  by  the  Board  of  Equalization  and  ap- 
pealing delinquent  upon  the  "Duplicate  Record 
of  Apportionment  of  Railway  Assessments."  The 
provisions  of  the  Code  of  Civil  Procedure  relating 
to  pleadings,  proofs,  trials  and  appeals  are  appli- 
cable to  tiie  proceedings  herein  provided  for.  In 
such  action,  should  a  writ  of  attachment  be  de- 
manded and  issued,  no  bond  nor  affidavit  pre- 
vious to  the  issuing  of  said  attachment  is  re- 
quired. If  in  such  action  the  plaintiff  recover 
judgment,  there  shall  be  included  in  the  judg- 
ment as  counsel  fees,  and  in  case  of  judgment  of 
taxes,  after  suit  brought  but  before  judgment, 
the  defendant  must  pay  as  counsel  fees  such  sum 
as  the  court  may  determine  to  be  reasonable  and 
just.  Payment  of  the  taxes,  or  the  amount  of  the 
judgment  in  the  same,  must  be  made  to  the  State 
Treasurer.  In  such  actions  the  "Duplicate 
Record  of  Assessments  of  Railways"  and  the  "Du- 


§  3G71  Assessment  of  Property.  756 

plicate  Record  of  Apportionment  of  Railway  Assess- 
iiieuts,"  or  a  copy  of  them,  certified  by  the  Con- 
troller, showing  unpaid  taxes  against  any  cor- 
poration, person  or  association  for  property  as- 
sessed by  the  State  Board  of  Equalization,  is 
prima  facie  evidence  of  the  assessment,  the  prop- 
erty assessed,  the  delinquency,  the  amount  of  the 
taxes  due  and  impald  to  the  State,  and  counties, 
or  cities  and  counties  therein  named,  and  that  the 
corporation,  person  or  association  is  indebted  to 
the  people  of  the  State  of  California  in  the  amount 
of  taxes.  State  and  county,  and  city  and 
county,  therein  appearing  unpaid,  and  that  all 
the  forms  of  law  in  relation  to  the  assessment 
and  levy  of  such  taxes  have  been  complied  with. 
[Amendment  approved  March  28,  1895;  Stats, 
1895,  p.  318.    In  effect  March  28,  1895.] 

§  3671.  The  assessment  made  by  the  county 
assessor,  and  that  of  the  State  Board  of  Equaliza- 
tion, as  apportioned  by  the  boards  of  supervisors  to 
each  city,  town,  township,  school,  road  or  other 
district  in  their  respective  counties,  or  cities  and 
counties,  shall  be  the  only  basis  of  taxation  for 
the  county,  or  any  subdivision  thereof,  except  in 
incorporated  cities  and  towns,  and  may  also  be 
talvcn  as  such  basis  in  incorporated  cities  and 
towns  when  the  projier  authorities  may  so  elect. 
All  taxes  upon  townships,  road,  school  or  other 
local  districts  shall  be  collected  in  the  same  man- 
ner as  county  taxes.  [New  section  approved 
March  9,  1883;  Stats.  1883,  p.  65.  In  effect 
March  9,  1883.] 


757  Boards  of  Equalization.  §§  3672,3673 

CHAPTER    IV. 

EQUALIZATION     OF     TAXES. 

Article  I.    County  Boards  of  Equalization. 
II.    State  Board  of  Equalization. 

ARTICLE    I. 
COUNTY     BOARDS     OF     EQUALIZATION. 

§  3672.    Supervisors,   when   to  equalize  assessment. 

S  3673.    Supervisors   empowered   to   equalize    assessment. 

§  3674.  No  reduction  to  be  made  unless  on  application  of 
person  assessed. 

§  3675.  Examination  of  person  assessed  by  Supervisors  for 
purposes  of  equalization. 

§  3676.  Supervisors  may  subpoena  witnesses  and  take  evi- 
dence. 

§  3677.  Assessor  and  Deputy  to  attend  upon  hearing  of  ap- 
plication. 

§  3678.  Abstract  of  incumbrances  furnished  by  Recorder, 
and  action  thereon. 

§  3679.  Supervisors  to  use  records  in  equalizing  assess- 
ments. 

§  3680.    Sale  of  land,  stamping. 

§  3681.    Supervisors  may   revise  assessment   list. 

§  3682.  Clerk's  record  of  alterations,  etc.,  and  oath  to 
correctness  of  same. 

§  3672.  The  board  of  supervisor.s  of  each 
county  must  meet  on  the  first  Monday  of  July  in 
each  year  to  examine  the  assessment-book  and 
equalize  the  assessment  of  property  in  the  county. 
It  must  continue  in  session  for  that  purpose, 
from  time  to  time,  until  the  business  of  equaliza- 
tion is  disposed  of,  but  not  later  than  the  third 
Monday  in  July.  [Amendment  approved  March 
31,  1891;  Stats.  1891,  p.  444.  In  effect  first  Mon- 
day in  July,  1891.] 

§  3673.    The  board     has     power,  after     giving 

notice  in  such  manner  as  it     may  by     rule     pre- 

'  scribe,  to  increase  or  lower  the  entire  assessment 

roll  of  any  assessment  contained  therein,  so  as  to 

equalize  the  assessment  of  the  property  contained 

Pol.   Code— 64. 


§§  3674-3678  Boards  of  Equalization.  758 

iu  said  roll,  and  malie  the  assessment  conform  to 
the  true  value  of  such  property  in  money.  [Amend- 
ment approved  March  22.  1880;  amendments 
1880,  p.  15.    In  effect  March  22,  1880.] 

Countv  Boards  of  Equalization — provided  for 
by  Const.  Cal.  1879,  art.  13,  sec.  9. 

§  3674.  No  reduction  must  be  made  in  the 
valuation  of  property  unless  the  party  affected 
thereby,  or  his  agent,  malies  and  files  with  the 
boai'd  a  written  application  therefor,  verified  by 
his  oath,  showing  the  facts  upon  whicli  it  is 
claimed  such  reduction  should  be  made. 

§  3675.  Before  the  board  grants  the  applica- 
tion or  malies  any  reduction  applied  for.  it  must 
first  examine,  on  oath,  the  person  or  the  agent 
malting  the  application,  touching  the  value  of  the 
property  of  such  person.  No  reduction  must  be 
made  unless  such  person  or  the  agent  making  the 
application  attends  and  answers  all  questions 
pertinent  to  the  inquiry. 

§  3676.  Upon  the  hearing  of  the  application 
the  board  may  subpoena  such  witnesses,  hear 
and  take  such  evidence  in  relation  to  the  subject 
pending,  as  in  its  discretion  it  may  deem  proper. 

§  3677.  During  the  session  of  the  board  the 
assessor  and  any  deputy  whose  testimony  is 
needed  must  be  present,  and  may  make  any 
statement,  or  introduce  and  examine  witnesses 
on  questions  before  the  board. 

Basis  of  section:    Stats.  1861,  p.  427. 

§  3678.  To  assist  the  assessor  in  the  perform- 
ance of  his  duties,  the  recorder  must  annually 
transmit  to  the  assessor,  on  or  before  the  first 
:Monday  in  April  of  each  year,  a  complete  ab- 
stract of  all  mortgages,  deeds  of  trust,  contracts, 
and  other  obligations  by  which  any  debt  is  se- 
cured, remaining  unsatisfied  on  the  records  of  his 
office,  not  barred  by  the  statute  of  limitation,  at 
twelve  o'clock  meridian,  on  the  first  Monday  of 
March  of  said  year.  Such  abstract  shall  be  writ- 
ten under  appropriate  headings,  to  embrace  all  in- 
formation requisite  for  the  assessor,  in  a  book  or 
books  to  be  furnished  by  the  board  of  supervisors 


759  Boards   of   Equalization.  §  3678 

upon  the  requisition  of  the  assessor.  Should  any 
such  list  be  found  to  contain  any  instrument  re- 
lating to  lands  situated  in  more  than  one  county, 
it  shall  be  the  duty  of  the  assessor  to  transmit 
to  the  State  Board  of  Equalization  all  information 
relating  thereto  on  or  before  June  first  of  said 
year;  and  it  shall  be  the  duty  of  the  said  board 
to  attach  an  apportionment  of  valuation  of  such 
instrument  to  be  assessed  in  each  county,  and  the 
board  shall  transmit  to  the  assessor  of  each 
county  mentioned  as  affected  in  said  instrument, 
a  statement  of  valuation  of  assessment  to  be 
levied  against  said  instrument  in  each  county. 
The  valuation  so  set  by  said  board  shall  be  final, 
and  the  assessor  shall  accept  said  valuation  and 
charge  said  assessment  upon  said  instrument  ac- 
cordingly. Should  the  list  contain  any  instru- 
ment mortgaging  or  pledging  two  or  moi*e  sub- 
divisions of  land,  or  land  assessed  In  two  or  more 
subdivisions  in  tlie  same  county,  township,  dis- 
trict or  city,  the  assessor  shall  apportion  the 
amount  of  assessment  to  be  deducted  from  each 
subdivision  on  account  of  assessment  against 
said  Instrument.  Any  assessment  on  a  mortgage, 
or  deed  of  trust,  which  has  been  erroneously 
taxed  to  the  mortgagee  or  party  loaning  the 
money,  when  the  same  has  been  paid  or  satisfied 
prior  to  the  first  Monday  in  Marcli,  shnll  be  valid 
only  as  against  the  real  estate  from  the  assess- 
ment on  which  a  reduction  has  been  previously 
made.  When  partial  payments  have  been  made 
on  a  debt,  secured  by  mortgage,  or  deed  of  trust, 
the  owner  is  authorized  to  malvC  the  proper  de- 
duction, listing  only  the  balance  due  on  the  first 
Monday  in  March.  The  recorder  must,  at  the 
time  he  furnishes  tlie  abstract  of  mortgages  to 
the  assessor,  furnish  said  oflicer  with  a  complete 
and  true  statement  of  all  property  which  has 
been  redeemed  imder  or  by  virtue  of  any  sale 
made  to  the  State  for  delinquent  taxes,  together 
with  a  complete  and  true  statement  of  all  prop- 
erty sold  to  the  State  and  remaining  unredeemed. 
When  necessary,  the  board  of  supervisors  of  each 
county  must  provide  for  the  i)ayment  of  such  ad- 
ditional clerical  force  as  may  be  required  to  en- 
able the  county  recorder  to  comply  with  this  sec- 
tion. [Amendment  approved  March  2S.  1895; 
Stats.  1895,  p.  318.     In  effect  March  28,  1895.] 


§§  3079-3681    Boards  of  Equalization.  760 

§  3679.  Ttie  board  must  use  the  abstract  and 
all  other  information  it  may  gain  from  the  rec- 
ords of  the  County  Recorder  or  elsewhere,  in 
equalizing  the  assessment  of  the  property  of  the 
county,  and  may  require  the  Assessor  to  enter 
upon  the  assessment  booli  any  property  which 
has  not  been  assessed;  and  any  assessment  made 
as  prescribed  in  this  section  has  the  same  force 
and  effect  as  if  made  by  the  Assessor  before  the 
delivery  of  the  assessinent  booli  to  the  Clerli  of 
the  Board.  fAmendment,  approved  March  22. 
1880;  Amendments  1880,  p.  16.  In  effect  March 
22,  1880.] 

Before  amendment  1880,  omitting  provision 
against  assessment  of  nonresident  county,  section 
was  based  on  Stats.  1861,  p.  419. 

§  3680.  Whenever  property  has  been  sold  for 
taxes  and  remains  unredeemed,  upon  each  subse- 
quent assessment  the  assessor  shall  enter  upon  the 
assessment  l)oolv,  immediately  after  the  descrip- 
tion of  the  property,  the  fact  that  said  property 
has  been  sold  for  taxes,  and  tlie  date  of  such  sale. 
Upon  all  bills  or  statements  of  or  for  taxes  accru- 
ing on  said  property,  subsequent  to  the  date  of  said 
sale  and  prior  to  the  redemption  of  said  property, 
or  tlie  execution  to  the  State  of  a  deed  therefor, 
shall  be  distinctly  and  legibly  written,  printed,  or 
stamped,  tlie  words  "Sold  for  taxes,"  and  also  the 
date  of  such  sale.  [New  section,  approved  March 
28,  189.5;  Stats  1895,  p.  319.  In  effect  March  28, 
1895.] 

§  3681.  During  the  session  of  the  Board,  it  may 
direct  the  Assessor  to  assess  any  taxable  property 
that  has  escaped  assessment,  or  to  add  to  the 
amount,  uumber.  or  quantity  of  property,  when 
a  false  or  incomplete  list  has  been  I'endered;  and 
to  make  and  enter  new  assessments  (at  the  same 
time  canceling  previous  entries),  wlien  any  assess- 
ment made  by  him  is  deemed  by  the  Board  so  in- 
complete as  to  render  doubtful  the  collection  of 
the  tax;  but  the  clerk  must  notify  all  persons  in- 
terested, by  letter  deposited  in  the  post  office  or 
express,  post  paid,  and  addressed  to  the  person 
interested,  at  least  five  days  before  action  taken, 
of  the  day  fixed  when  the  matter  will  be  investi- 
gated.      [Amendment,    approved     April    1,    1897; 


761  Boards  of  Equalization.  §§  3682-3692 

Ameudments  1897,  chap,  cclxvii.  lu  effect  imme- 
diately.] 

§  3682.  Tlie  Clerk  of  the  Board  must  record, 
in  a  book  to  be  kept  for  tliat  purpose,  all  changes, 
corrections,  and  orders  made  by  the  Board,  and 
during  its  session,  or  as  soon,  as  possible  after  its 
adjournment,  must  enter  upon  the  assessment 
book  all  clianges  and  corrections  made  by  the 
Board,  and  on  or  before  the  flrst  Monday  of  Au- 
gust must  deliver  the  assessment  so  corrected  to 
the  County  Auditor,  and  accompany  the  same  with 
an  affidavit  thereto  affixed,  subscribed  by  him, 
as  follows: 

"I,  —  — ,  do  swear  that,  as  Clerk  of  the  Board  of 

Supervisors  of  ■  Coimty,   I  have  kept  correct 

minutes  of  all  the  acts  of  the  Board  touching  al- 
terations in  the  assessment  boolv;  that  all  altera- 
tions agreed  to  or  directed  to  be  made  have  been 
made  and  entered  in  the  book,  and  that  no  chang- 
es or  alterations  have  been  made  therein  except 
those  authorized." 


ARTICLE  II. 

STATE     BOARD      OF     EQUALIZATION. 

§  3692.  Powers  and  duties  of  Board. 
§  3693.  Equalization  of  assessments. 
§  3694.    Statement,    whence   obtained   when    County   Auditor 

fails  to  forward  it. 
§  3695.     Statement  of     changes     made     by     Board,   sent     to 

County  Auditors.     Same  as  evidence. 
S  3693.     Board   to   notify   Supervisors   of   rate   of   tax    to   be 

levied. 
§  3697.    Penalty  for  refusing  to  obey  rules  and   regulations 

of   Board. 
§  3698.    Prosecution      of     Assessor     fraudulently     assessing 

property. 
§  3699.    Clerk  and  members  of  Board  may  administer  oaths. 
§  3700.     Salary  of  members  and  of  Clerk. 
S  3701.     Salary  of  Clerk.     (Repealed.) 
§  3702.    Traveling  expenses,  oflBce  and  incidentals. 
S  3703.     Official  bonds  of  members  of  the  Board.  (Repealed.) 
§  3704.     Duty   of   Board   upon   failure   of   County   Boards   to 

appoint  Assessors,  etc. 
§  3705.     State  Board  may  extend  time. 

§  3692.    The   powers   and    duties   of    the    State 
Board  of  Equalization  are  as  follows: 


§  3692  Boards  of  Equalization,  762 

1.  To  prescribe  rnles  for  its  owu  government 
and  for  the  transaction  of  its  business. 

2.  To  prescribe  rules  and  regulations,  not  in 
conflict  with  the  constitution  and  laws  of  the 
State,  to  govern  Supervisors  when  equalizing,  and 
Assessors  when  assessing. 

3.  To  make  out,  prepare,  and  enforce  the  use 
of  all  forms  in  relation  to  the  assessment  of  prop- 
erty, collection  of  taxes,  and  revenue  of  this 
State. 

4.  To  hold  regular  meetings  at  the  State  Cap- 
itol, on  the  second  Monday  in  each  month,  and 
such  special  meetings  as  the  chairman  may  di- 
rect. 

5.  To  annually  assess  the  franchise,  roadway, 
roadbed,  rails,  and  rolling  stock  of  all  railroads 
operated  in  more  than  one  county  in  this  State,  at 
their  actual  value,  on  the  first  Moiid-iy  in  Marcli. 
at  twelve  o'clock  M..  and  to  apportion  such  as- 
sessment to  the  counties  and  cities  and  counties 
in  which  such  railroads  are  located,  in  proportion 
to  the  number  of  miles  of  railway  laid  in  such 
counties  and  cities  and  counties  in  the  manner 
provided  for  in  section  three  thousand  six  hundred 
and  sixty-four  of  said  Code. 

6.  To  equalize  the  assessment  of  each  mortgage, 
.  deed   of   trust,    contract,    or   other   obligation    by 

which  a  debt  is  secured,  and  which  affects  prop- 
erty situate  in  two  or  more  counties,  and  to  ap- 
portion the  assessment  thereof  to  each  of  such 
counties. 

7.  To  transmit  to  the  Assessor  of  each  county, 
or  city  and  county,  its  apportionment  of  the  as- 
sessments made  by  said  Board  upon  the  fran- 
chises, roadways,  roadbeds,  rails,  and  rolling 
stock  of  railroads,  and  also  its  apportionment  of 
the  assessments  made  by  such  Board  upon  mort- 
gages, deeds  of  trust,  contracts,  and  other  obliga- 
tions by  whicli  deltts  are  secured,  in  the  manner 
provided  for  in  section  three  thousand  six  hun- 
dred and  sixty-four  of  said  Code. 

8.  To  meet  at  tlie  State  Capitol  on  the  first  Mon- 
day in  August,  and  remain  in  session  from  day 
to  day,  Sundays  excepted,  until  the  second  Mon- 
day in  September. 

9.  At  such  meeting  to  equalize  the  valuation  of 
the  taxable  property  of  the  several  counties  in 
this  State  for  the  purposes  of  taxation:  and  to  the 


763  Boards  of  Equalization.  §  3692 

end,  under  such  rules  of  notice  to  the  c4erli  of  ttie 
Board  of  Supervisors  of  the  county  affected  there- 
by, as  it  may  prescribe,  to  increase  or  lower  the 
entire  assessment  roll  so  as  to  equalize  the  as- 
sessment of  property  contained  in  said  roll,  and 
malie  the  assessment  conform  to  the  true  value  in 
money  of  the  property  assessed,  and  to  fix  tlic 
rate  of  state  taxation,  and  to  do  the  things  pro- 
vided in  section  three  thousand  six  hundred  and 
ninety-three  of  said  Code;  provided,  that  no  Board 
of  equalization  shall  raise  any  mortgage,  deed  of 
trust,  contract,  or  other  obligation  by  which  a 
debt  is  secured,  money,  or  solvent  credits,  above 
its  face  value. 

10.  To  visit  as  a  Board,  or  by  the  individual 
members  thereof,  whenever  deemed  necessary, 
the  several  counties  of  the  State,  for  the  purpose 
of  inspecting  the  property  and  learning  the  value 
thereof. 

11.  To  call  before  it,  or  any  member  thereof,  on 
such  visit,  any  officers  of  the  county,  and  to  re- 
quire them  to  produce  any  public  records  in  their 
custody. 

12.  To  issue  subpoenas  for  the  attendance  of  wit- 
nesses or  the  prodiiction  of  boolis  before  the 
Board,  or  any  member  tliereof,  which  subpoenas 
must  be  signed  by  a  member  of  the  Board,  and 
may  be  served  by  any  person. 

13.  To  appoint  a  cleric,  prescribe,  and  enforce 
his  duties.  The  clerli  shall  hold  his  office  during 
the  pleasure  of  the  Board. 

14.  To  report  to  the  Governor,  annually,  a  state- 
ment showing: 

First— The  acreage  of  each  county  in  the  State 
that  is  assessed. 

Second— The  amount  assessed  per  acre. 

Third— The  aggregate  value  of  all  town  and 
city  lots. 

Fourth— The  aggregate  value  of  all  real  estate 
in  the  State. 

Fifth— The  kinds  of  personal  property  in  each 
county,  and  the  value  of  each  kind. 

Sixth — The  aggregate  value  of  all  personal  prop- 
erty in  the  State. 

Seventh — Any  information  relative  to  the  assess- 
ment of  property,  and  the  collection  of  revenue. 

Eighth-Such  further  suggestions  as  it  shall 
deem  proper. 


§§  3693-3695  Boards  of  Equalization.  764 

15.  To  keep  a  recorfl  of  all  its  proceedings. 
[Amendment,  approved  March  28,  1895;  Stats. 
1895,  p.  319.    In  efCect  March  28,  1895.] 

§  3693.  When,  after  a  general  investigation  by 
the  Board,  the  property  is  found  to  be  assessed 
above  or  below  its  full  cash  value,  the  Board  may, 
without  notice,  so  determine,  and  must  add  to  or 
deduct  from  the  valuation: 

1.  The  real  estatfe. 

2.  Improvements  upon  such  real  estate. 

3.  Personal  property,  such  per  centum,  respec- 
tively, as  is  sufBcient  to  raise  or  reduce  it  to  its 
full  cash  value;  provided,  that  no  Board  of  Equal- 
ization shall  raise  any  mortgage,  deed  of  trust, 
contract,  or  other  obligation  by  which  a  debt  is 
secured,  money,  or  solvent  credits,  above  its  face 
value.  [Amendment,  approved  March  28,  1895. 
Stats.  1895.  p.  321.    In  effect  immediately.] 

Changes  in  section— repealed  1876;  but  re-enact- 
ed 1880. 

§  3694.  Every  county  Auditor  who  fails  to  for- 
ward to  the  State  Board  of  Equalization,  and  to 
the  Controller,  the  statement  provided  for  in  sec- 
tion three  thousand  seven  hundred  and  twenty- 
eight,  forfeits  to  the.  State  one  thousand  dollars, 
to  be  recovered  in  an  action  brought  by  the  at- 
torney general,  in  the  name  of  the  State  Board  of 
Equalization.  [Amendment,  approved  March  28, 
1895;  Stats.  189,5,  p.  321.    In  effect  immediately.] 

§  3695.  When  the  equalization  among  the  sev- 
ertil  counties  is  completed,  the  Cleric  of  the  Board 
must  transmit  to  each  County  Auditor  a  state- 
ment of  the  changes  made  by  the  Board  in  the  as- 
sessment roll  of  the  county,  or  in  any  assessment 
contained  therein,  and  of  the  per  centum  to  be 
added  to  or  deducted  from  the  valuation  of  such 
statement,  which  sliall  be  prima  facie  evidence 
of  the  regularity  of  all  proceedings  of  the  Board, 
resulting  in  the  action  which  is  the  subject  mat- 
ter of  the  statement.  [New  section  approved 
April  3,  1880;  Amendments  1880,  p.  27.  In  effect 
April  3,  1880.] 

Changes  in  section— repealed  1876,  re-enacted 
1880. 


765  Boards  of  Equalization.  §§  3696-3700 

Prima  facie  evidence — defined:  Code  Civ.  Proc, 
sec.  1833. 

§  3696.  Between  tlie  first  and  second  Mondays 
in  September  of  eacli  year,  the  Board  must  deter- 
mine the  rate  of  State  tax  to  be  levied  and  col- 
lected upon  the  assessed  valuation  of  the  prop- 
erty of  the  State,  which,  after  allowing  five  per 
cent  for  delinquencies  in  and  costs  of  collection 
of  taxes,  must  be  sufficient  to  raise  the  specific 
amount  of  revenue  directed  to  be  raised  by  the 
legislature  for  State  purposes.  The  Board  must 
immediately  thereafter  transmit  to  the  Board  of 
Supervisors  and  county  Auditor  of  each  county 
a  statement  of  such  rate,  and  upon  its  receipt  the 
clerli  of  said  Board  and  county  Auditor  must 
each,  in  writing,  notify  the  State  Board  of  Equal- 
ization thereof.  [Amendment  approved  Marcli 
23,  1893;  Stats.  1893,  p.  300.]  ' 

This  section  was  also  amended  in  1891:  Stats. 
1891,  pp.  445,  470;  also  1878,  1876  and  1874. 

§  3697.  Every  person  served  with  a  subpoena 
who  fails  or  neglects,  without  just  excuse,  to  obey 
it,  and  every  officer  who  i-efuses  to  obey  the  rules 
and  regulations  prescribed  by  the  Board,  or  to 
perform  the  duties  prescribed  therein,  forfeits  to 
the  State  five  hundred  dollars,  to  be  recovered  by 
action  in  the  name  of  the  Board,  which  action 
may  be  commenced  and  tried  In  any  county  of 
the  State. 

§  3698.  Whenever  the  State  Board  of  Equali- 
zation is  satisfied  that  the  Assessor  or  a  Deputy 
Assessor  of  any  county  has  linowingly,  fraudu- 
lently, or  corruptly  assessed  any  property  below 
its  actual  cash  value,  it  must  immediately  inform 
the  District  Attorney  of  such  county  in  writing 
of  the  facts  that  may  have  come  to  its  knowledge, 
with  a  request  that  such  assessor  or  Deputy  As- 
sessor be  prosecuted,  and  the  District  Attorney 
must  at  once  comply  with  such  request. 

§  3699.  The  Clerk  or  any  member  of  the  Board 
may  administer  and  certify  oaths. 

§  3700.  The  annual  salary  of  each  member  of 
the   Board,   except  the  State  Controller,    Is   three 


§§  3701-37U4  Boards  of  Equalization.  766 

thousand  dollars,  and  the  annual  salary  of  the 
Clerk  of  the  Board  is  eighteen  hundred  dollars,  and 
each  of  said  officers  shall  devote  his  entire  time 
to  the  service  of  the  State  in  performing  the  du- 
ties and  acquiring  the  information  required  by 
this  act.  [New  section,  approved  April  3,  1880; 
Amendments  1880,  p.  27.    In  effect  April  3,  1880.] 

§  3701.  The  salary  of  the  Clerk  of  the  State 
Board  of  Equalization  is  twenty-four  hundred 
dollars  per  annum.  [New  section,  approved 
March  15,  1883;  Stats.  1883,  p.  374.] 

Sec.  2.  So  much  of  section  3700  of  said  Code  as 
conflicts  with  this  act  is  repealed. 

§  3702.  The  members  of  the  Board  are  entitled 
to  their  actual  traveling  expenses,  and  for  con- 
tingent clerical  assistance  while  traveling,  in- 
curred by  them  in  the  discharge  of  their  duties, 
the  amount  to  be  audited  and  allowed  by  the 
Board  of  Examiners;  and  the  sum  of  five  thou- 
sand dollars  for  each  fiscal  year  is  hereby  contin- 
uously appropriated  out  of  the  General  Fund  of 
the  State  Treasury,  to  pay  the  same.  The  Secre- 
tary of  State  must  assign  an  office  for  the  Board 
in  the  State  Capitol,  in  which  must  be  transacted 
all  its  business,  except  as  it  in  its  nature  must  be 
transacted  elsewhere.  He  must  supply  it  witli 
stationery,  fuel,  and  light,  and  the  Superintend- 
ent of  State  Printing  must  execute  its  orders  for 
printing.     [Approved  March  8,  1887.] 

§  3703.  [Repealed  April  1,  1870;  Amendments, 
1875-6,  p.  11.    In  effect  April  1,  1876.] 

§  3704.  If  the  Board  of  Supervisors  of  any 
county  fails  or  refuses  either — 

1.  To  furnish  tlie  assessor  with  the  proper 
books,  maps,  map-books,  or  blanks  for  his  use;  or, 

2.  To  furnish  the  assessor  necessary  office-room. 
Then  the  State  Board  of  Equalization  must,  up- 
on the  application  of  the  assessor,  furnish  the 
necessary  books,  maps,  map-books,  blanks,  or 
office  room;  and  all  the  expense  incurred  in  car- 
rying into  effect  the  provisions  of  this  section 
must,  by  the  Secretary  of  the  Board,  be  certified 
to  the  Controller,   who  must,   in  his  next  settle- 


767  Levy  of  Taxes.  §§  3705-3713 

ment  with  the  Couuty  Treasurer,  of  auy  such 
county  require  such  Treasurer  to  pay  the  amount 
out  of  any  funds  belonging  to  such  county. 
[Amendment  approved  March  28,  1895;  Stats. 
1895,  p.  321.    In  effect  March  28,  1895.] 

Assessors  of  certain  counties  to  pay  deputies — 
whether  appointed  by  order  of  State  Board  of 
Equalization  or  local  Boards  of  Supervisors  (in 
Siskiyou,  Calaveras,  Amador,  or  Alpine  counties), 
Stats.  1874,  p.  393. 

§  3705.  The  State  Board  of  Equalization  may, 
by  an  order  entered  upon  its  minutes,  and  certi- 
tted  to  the  county  auditor  of  any  county,  extend, 
for  not  exceeding  twenty  days,  the  time  fixed 
in  this  title  for  the  performance  of  any  act,  by 
the  county  Assessor,  county  Auditor,  or  county 
Boards  of  Equalization.  [Amendment,  approved 
March  28,  1895;  Stats.  1895",  p.  322.  In  effect 
March  28,  1895.] 

CHAPTER   V. 

LEVY     OP     TAXES. 

§  3713.  Rate  of  taxation.  Amounts  required  for  the  several 
Funds. 

§  3714.    Supervisors  to  regulate  county  rate  of  taxation. 

§  3715.    When  the  Supervisors  fall  to  levy  such  taxes,   etc. 

§  3716.  Tax  to  operate  as  a  judgment  or  lien  against  prop- 
erty. 

§  3717.     Tax  on  personal  property  a  lien  on   real   property. 

§  3718.  Tax  upon  real  property  and  tax  on  improvements 
a  lien  upon  both. 

§  3719.     Levy  of  State  school  tax. 

§  3713.  The  State  Board  of  Equalization  must 
for  State  purposes  for  the  forty-ninth  and  fiftieth 
fiscal  years,  fix  such  an  ad  valorem  rate  of  taxa- 
tion upon  each  one  hundred  dollars  in  value  of 
taxable  property  in  this  State,  as  after  allowing 
five  per  cent  for  delinquencies  in  and  costs  of  col- 
lection of  taxes,  as  provided  in  section  three  thou- 
sand six  hundred  and  ninety-six  of  the  Political 
Code,  will  raise  for  the  forty-ninth  fiscal  year: 

First— For  the  general  fund,  two  million  five 
hundred  and  fifty-three  thousand  six  hundred  and 
two  dollars. 


§§  3714,  3715  Levy  of  Taxes.  768 

Second— For  the  school  fund,  two  million  three 
hundred  and  fourteen  thousand  nine  hundred  and 
sixty-three  dollars. 

Third— For  the  interest  and  sinliing  fund,  one 
hundred  and  forty-one  thousand  four  hundred 
and  thirty-five  dollars. 

And  for  the  fiftieth  fiscal  year: 

First— For  the  general  fund,  two  million  five 
liuudred  and  fifty-three  thousand  six  hundred  and 
two  dollars. 

Second— For  the  school  fund,  two  million  three 
hundred  and  fourteen  thousand  nine  hundred  and 
sixty-three  dollars. 

Third — For  the  interest  and  sinking  fund,  one 
hundred  and  forty-one  thousand  four  hundred 
and  thirty-five  dollars.  [Amendment  approved 
March  31,  1897;  Amendments  1897,  chap,  clxxxv.] 

§  3714.  The  Board  of  Supervisors  of  each 
county  must,  on  the  third  Monday  in  September, 
fix  the  rate  of  county  taxes,  designating  the  num- 
ber of  cents  on  eacli  one  hundred  dollars  of  prop- 
ertj  levied  for  each  fund,  and  must  levy  the  State 
and  county  taxes  upon  the  taxable  property  of  the 
county;  provided,  that  it  shall  not  be  lawful  for 
any  Board  of  Supervisors  of  any  county  in  the 
State  to  levy,  nor  shall  any  tax  greater  than  fifty 
cents  on  each  one  hundred  dollars  of  property  be 
levied  and  collected  in  any  one  year,  to  pay  the 
bonded  indebtedness,  or  judgment  arising  there- 
from, of  this  state,  or  of  any  county,  or  munici- 
pality in  this  state.  [Amendment,  approved 
Marcli  28,  1895;  Stats.  1895,  p.  322.  In  effect  im- 
mediately.] 

§  3715.  The  action  of  the  State  Board  of 
Equalization,  in  fixing  the  rate  of  taxation  for 
State  purposes  is,  in  the  absence  of  action  by  the 
Board  of  Supervisors,  a  valid  levy  of  the  rate  so 
fixed,  and  imposes  upon  the  Auditor,  Tax  Collect- 
or, and  all  other  officers  charged  with  the  perform- 
ance of  any  duties  under  the  Revenue  Law,  the 
same  obligations  as  if  the  Board  of  Supervisors 
had  made  the  levy  at  the  proper  time. 

Levy  of  taxes— For  twenty-fourth  and  twenty- 
fifth  fiscal  years,  and  provisions  for  enforcement 
thereof:  Stats.  1874,  p.  746;  no  costs  recoverable 


769  Levy  of  Taxes.  §§  3716-3719 

where  amount  less  than  ten  dollars:  Stats.  1876, 
p.  286. 

§  3716.  Every  tax  has  the  effect  of  a  judgment 
against  the  person,  and  every  lien  created  by  this 
title  has  the  force  and  effect  of  an  execution  duly 
levied  against  all  property  of  the  delinquent;  the 
judgment  is  not  satisfied  nor  the  lien  removed 
until  the  taxes  are  paid  or  the  property  sold  for 
the  payment  thereof. 

§  3717.  Every  tax  due  upon  personal  property 
is  a  lieu  upon  the  real  property  of  the  owner 
thereof,  from  and  after  12  o'cloclv  M.  of  the  first 
Monday  in  March  in  each  year.  [In  effect  March 
22,  1880.] 

Lien  attaches  ou  first  Monday  in  March,  under 
Const.  Cal.  1879. 

§  3718.  Every  tax  due  upon  real  property  is  a 
lieu  against  the  property  assessed;  and  every  tax 
due  upon  improvements  upon  real  estate  assessed 
to  others  than  the  owner  of  the  real  estate,  is  a 
lien  upon  the  land  and  improvements;  whicli  sev- 
eral liens  attach  as  of  the  first  Monday  of  March 
in  each  year. 

§  3719.  The  State  Board  of  Equalization  must 
levy  annually,  at  the  time  other  State  taxes  are 
levied,  a  tax  of  such  number  of  cents  on  each  one 
hundred  dollars  of  value  of  taxable  property  in 
the  State  as  will  produce  a  net  sum  equal  to  the 
amount  directed  by  the  legislature  as  being  nec- 
essary to  be  raised,  by  an  ad  valorem  tax,  for 
school  purposes;  and  the  assessment  and  collection 
of  said  tax  shall  be  performed  in  the  same  manner 
and  at  the  same  time  as  other  State  taxes  are 
assessed  and  collected.  [Amendment,  appi'oved 
March  28,  1895;  Stats.  1895,  p.  322.  In  effect  im- 
mediately.] 

Pol.   Code— 65. 


§§  3727.  3728        Duties  of  Auditor.  770 


CHAPTER  VI. 

DUTIES    OF    THE   AUDITOR   IN    RELATION    TO    REVE- 
NUE. 

§  3727.  Auditor  to  enter  in  assessment  book  total  valua- 
tions of  property  and  show  acreage  of  county. 

§  3728.  Auditor  to  prepare  duplicate  statement,  showing 
what. 

§  3729.  Statements  transmitted  to  State  Controller  and 
Board  of  Equalization. 

§  3730.  Auditor  to  generally  follow  directions  of  State 
Board  of  Equalization. 

§  3731.  Auditor  to  compute  and  enter  taxes  and  foot  up 
totals. 

§  3732.  Delivery  of  duplicate  assessment  book  to  Col- 
lector, and  Auditor's  affidavit. 

§  3733.  Auditor  to  retain  original  assessment  book.  [Re- 
pealed.] 

§  3734.  Tax  Collector  charged  with  full  amount  of  taxes 
levied. 

§  3735.    Auditor  to  verify  all   statements  made  by  him. 

§  3736.  Transfer  of  assessment  book  from  one  Collector  to 
another. 

§  3737.    Penalty  for  Auditor's  neglect  of  duty. 

§  3738.    Dispensing  with  duplicate  assessment  book. 

§  3739.    List  of  property  redeemed. 

§  3727.  The  couuty  Auditor,  as  soon  as  the  as- 
sessment book  is  delivered  to  him  by  the  Clerli  of 
the  Board  of  Supervisors,  must  proceed  to  add  up 
the  valuations,  and  enter  the  total  valuation  of 
each  kind  of  property,  and  the  total  valuation  of 
all  property,  on  the  assessment  booli.  The  col- 
umn of  acres  must  show  the  total  acreage  of  the 
couuty. 

§  3728.  The  Auditor  must,  on  or  before  the 
second  Monday  in  Aug:ust  in  each  year,  prepare 
from  the  "Assessment  Book"  of  such  year,  as  cor- 
rected by  the  Board  of  Supervisors,  duplicate 
statements,   sliowing  in  separate  columns — 

1.  The  number  of  acres  of  land. 

2.  The  total  value  of  all  property. 

3.  The  value  of  real  estate. 

4.  The  value  of  the  improvements  thereon. 

5.  The  value  of  personal  property,  exclusive  of 
money. 


771  Duties  of  Auditor.         §§  3729-3731 

6.  Ttie  amount  of  money. 

7.  Ttie  total  assessed  value  of  mortgages  and 
trust  deeds,  with  value  of  mortgages  and  trust 
deeds  held  by  the  various  State  institutions  sep- 
arately shown. 

8.  The  assessed  value  of  all  property  sold  to  the 
State  for  delinquent  taxes.  [Amendment,  ap- 
proved April  1,  1897;  Amendments  1897,  chap, 
cclxvii.    In  effect  immediately.] 

See  sec.  3732,  post. 

§  3729.  The  Auditor  must,  as  soon  as  such 
statements  are  prepared,  transmit,  by  mail  or  ex- 
press, one  to  the  Controller  of  State  and  one  to 
the  State  Board  of  Equalization. 

§  3730.  As  soon  as  the  Auditor  receives  from 
the  State  Board  of  Equalization  a  statement  of 
the  changes  made  by  the  Board  in  the  assessment 
book  of  the  county,  he  must  make  the  correspond- 
ing changes  in  the  assessment  book,  by  entering 
the  same  in  a  column  provided  with  a  proper  head- 
ing in  the  assessment  book,  counting  any  frac- 
tional sum  when  more  than  fifty  cents  as  one  dol- 
lar, and  omitting  it  when  less  than  fifty  cents,  so 
that  the  value  of  any  separate  assessment  shall 
contain  no  fraction  of  a  dollar;  but  he  shall,  in  all 
cases,  disregard  any  action  of  the  Board  of  Su- 
pervisors which  is  prohibited  by  section  three 
thousand  six  hundred  and  thii-ty-three  of  this 
Code.  [Amendment  approved  March  28.  1895; 
Stats.  1895,  p.  323.    In  effect  March  28,  1895.] 

§  3731.  The  Auditor  must  then  compute,  and 
enter  in  a  separate  money  column  in  the  assess- 
ment-boolv,  the  respective  sums,  in  dollars  and 
cents,  rejecting  the  fractions  of  a  cent,  to  be  paid 
as  a  tax  on  the  property  therein  enumerated,  and 
segregate  and  place  in  the  proper  columns  of  the 
book  the  respective  amounts  due  in  installments, 
as  provided  in  section  three  thousand  seven  hun- 
dred and  forty-six  of  this  Code,  and  foot  up  the 
column,  showing  the  total  amount  of  such  taxes, 
and  the  columns  of  total  value  of  property  in  the 
county,  as  corrected  under  the  direction  of  the 
State  Board  of  Equalization.  [Amendment,  ap- 
proved March  28,  1895;  Stats.  1895,  p.  323.  In  ef- 
fect March  28,  1895.] 


§§  3732-3736        Duties  of  Auditor.  772 

§  3732.  On  or  before  tlie  second  Monday  in  Oc- 
tober, lie  must  deliver  the  corrected  assessment 
book  to  the  Tax  Collector,  with  an  affidavit  at- 
tached thereto,  and  by  him  subscribed,  as  follows: 

"I,  ,  Auditor  of  the  county  of  ,  do  swear 

that  I  received  the  assessment  book  of  the  tax- 
able property  from  the  Clerk  of  the  Board  of  Su- 
pervisors, with  his  affidavit  thereto  affixed,  and 
that  I  have  corrected  it  and  made  it  to  conform 
to  the  requirements  of  the  State  Board  of  Equali- 
zation; that  I  have  reckoned  the  respective  sums 
due  as  taxes,  and  have  added  up  the  columns  of 
valuation,  taxes,  and  acreage,  as  required  by  law." 
[Amendment,  approved  April  1,  1897;  Amend- 
ments 1897,  chap,  cclxvii.    In  effect  immediately.] 

§  3733.  Section  tliree  thousand  seven  hundred 
and  thirtv-three  is  hereby  repealed.  [Repealed 
March  28,  1895;  Stats.  1895,  p.  323.  In  effect  March 
28,  1895.] 

§  3734.  On  delivering  the  assessment  book  to 
the  Tax  Collector,  the  Auditor  must  charge  the 
Tax  Collector  with  the  full  amount  of  the  taxes 
levied,  except  the  taxes  due  upon  the  railway  as- 
sessments made  by  the  State  Board  of  Equaliza- 
tion, and  fortiiwitli  transmit  by  mail  to  the  Con- 
troller of  State,  in  such  form  as  tlie  Controller 
may  prescribe,  a  statement  of  the  amount  so 
charged.  Any  Auditor  failing  to  forward  such 
statement  to  the  Controller  for  ten  days  after  the 
i-oll  has  been  delivered  to  the  Tax  Collector,  for- 
feits to  the  State  one  thousand  dollars,  to  be  re- 
covered in  an  action  brought  by  the  Attorney- 
General,  in  the  name  of  the  Controller.  [Amend- 
ment, approved  April  1,  1897;  Amendments  1897, 
chap,   cclxvii.    In  eft"ect   Immediately.] 

§  3735.  The  Auditor  must  verify,  by  his  affi- 
davit attached  thei'eto.  all  statements  made  by 
him  under  the  provisions  of  this  title. 

§  3736.  The  Auditor,  if  the  assessment-book  or 
the  delinquent  tax  list  is  transferred  from  one  col- 
lector to  another,  must  credit  the  one  and  charge 
the  other  with  the  amount  then  outstanding  on 
the  tax  lihst.  [Amendment,  approved  March  28. 
1895;  Stats.  1895,  p.  323,    In  effect  immediately.] 


773  Duties  of  Auditor.       §§  3737,3738 

§  3737.  The  Auditor  must,  on  or  before  the 
meeting  of  the  Board  of  Supervisors  on  the  third 
Monday  in  September,  prepare  a  statement,  in 
duplicate,   showing: 

First— The  indebtedness  of  the  county,  funded 
and  floating,  tlie  amount  of  each  class,  and  the 
rate  of  interest  borne  by  each  class  of  such  in- 
debtedness, or  any  part  thereof. 

Second — A  concise  description  of  all  property 
owned  by  the  county,  with  an  approximate  esti- 
mate of  the  value  thereof,  and  the  amount  of  cash 
in  the  county  treasury  subject  to  the  payment  of 
such  indebtedness. 

Third— The  rate  of  taxation  for  county  purpos- 
es, as  shown  by  the  last  tax  levy  made  by  the 
board.  '  '4\  f\  i 

Fourth— The  assessed  value  of  all  property,  in 
detail,   for  the  year. 

Fifth — Sucli  other  information  as  the  Board  of 
Supervisors  or  the  Controller  of  State  may  re- 
quire. 

One  of  the  statements  mentioned  in  this  section 
must  be  filed  with  the  board  on  the  tliird  Monday 
in  Se])teniber,  and  the  other  forwarded  immediate- 
ly, by  mail  or  express,  to  the  Controller  of  State. 
Tlie  Controller  shall  include  in  his  biennial  report 
to  the  Governor  a  digest  and  synopsis,  in  tabular 
form,  of  all  reports  received  by  liim  under  the 
provisions  of  this  section.  Any  Auditor  failing  to 
furnish  such  statement  within  the  time  prescribed 
by  law,  or  to  forward  to  the  Controller  as  herein 
directed,  forfeits  to  the  county  one  tliousand  dol- 
lars, to  be  recovered  in  an  action  brought  by  the 
District  Attorney  in  the  name  of  the  county. 
[New  section,  approved  April  1,  1897;  Amend- 
ments 1897,  chap,  cclxvii.    In  effect  immediately.] 

§  3738.  On  or  before  the  first  Monday  in 
March  of  each  year,  the  Auditor  shall  furnisli  the 
assessor  ^^■ith  blank  "personal  property"  receipts 
in  boolv  form,  with  stubs  attached,  numbered  the 
same  as  tlje  receipts,  each  booli  having  fifty  re- 
ceipts, in  a  form  prescribed  in  section  three  thou- 
sand six  hundred  and  forty,  and  charge  the  as- 
sessor with  the  number  of  receipts  issued.  On  the 
lirst  Monday  in  August,  the  assessor  shall  return 
all  unused  receipts,  and  the  Auditor  shall  credit 


§  3739  Property  Taxes.  774 

him  with  the  numbers  returned.  [Amendment, 
approved  March  28,  1895;  Stats.  1895,  p.  324.  In 
effect  March  28,  1895.] 

§  3739.  On  or  before  tlie  hour  of  the  day  fixed 
by  the  Tax  Collector  for  the  sale  of  the  property 
delinquent  for  taxes,  the  Auditor  must  furnish 
such  Tax  Collector  a  report,  in  condensed  form,  of 
all  property  redeemed  since  the  date  of  the  tax 
sale  for  tlie  preceding  year.  The  Tax  Collector 
must  use  such  report  in  the  enforcement  of  sec- 
tions three  tliousand  seven  hundred  and  seventy- 
one,  three  thousand  eight  hundred  and  thirteen, 
and  three  thousand  eight  hundred  and  fourteen. 
[New  section,  approved  April  1,  1897;  Amend- 
ments 1897,  chap,  cclxvii.    In  effect  immediately.] 


CHAPTER  YII. 

COLLECTION  OF  PROPERTY  TAXES. 

§  3746.    Tax  Collector  to  publish  notice,   specifying  what. 
i  3747.    Taxes,  manner  of  payment. 
i  3748.    Time  and  place  of  payment. 

of  payment. 
§  3749.    Manner  of  publication  of  notice. 
§  3750.    Tax   Collector  to  note   date  of  payment. 
§  3751.    Receipt  to  be  given. 

§  3752.    Payment  of  taxes  of  decedents,   how  enforced. 
§  3753.     Settlement  of  Collector  vith  Auditor;   when   made; 

form  of. 
§  3754.    Liability  of  Tax  Collector  refusing  or  neglecting  to 

settle. 
§  3755.    Action   against    Collector   for   such   refusal    or   neg- 
lect. 
§  3756.    When     taxes    are     delinquent,     addition    thereto    of 

five   per   cent. 
§  3757.    Certain  times   when   taxes  must  not     be     received. 

(Repealed.) 
§  3758.    Comparison    of    original    and    duplicate    assessment 

books  by  Collector  and  Auditor. 
§  3759.    When   delinquent   list   must  be   completed. 
§  3760.    All    matters    on    assessment    book,    etc.,    to    be    set 

down  in  numerical  or  alphabetical  order. 
§  3761.    Credit  to  be  given  to  Tax  Collector  on  final  settle 

ment,    etc. 


775  Property  Taxes. 

§  3762.  Tax  Collector  charged  with  delinquent  taxes  and 
five  per  cent,  additional. 

§  3763.  Statement  to  be  transmitted  to  Controller  by  Au- 
ditor. 

§  3764.  Publication  of  delinquent  list;  when  made,  and 
what  to  contain. 

§  376.5.    Notice  of  sale  appended  to  delinquent  list. 

§  3766.    Manner  of  making  publication. 

§  3767.    Time  and  place  of  sale  to  be  designated. 

§  3768.     Sale,  when  and  where  to  take  place. 

§  37o9.  Copy  of  publication  and  affidavit  to  be  filed  with 
County  Recorder  and  Clerk. 

§  3770.  Additional  sum  collected  to  defray  costs,  etc.;  diSr 
position  of  same. 

§  3771.    Manner  of  conducting  sale. 

(i  3772.    Statement  of  sales. 

g  3773.    Repealed. 

?  3774.    Idem. 

?  3775.     Idem. 

§  3776.  Collector  to  give  purchaser  a  duplicate  certificate 
of  sale. 

§  3777.  Signature  of  certificates  of  sale,  and  disposition  of 
copies. 

§  3778.  Collector  to  enter  in  a  book  description  of  land 
sold,   and   other   memoranda  of  certificate. 

g  3779.    Repealed. 

§  3780.    Time  for  redemption  of  property. 

§  3781.  Redemption,  in  what  money  made;  crediting 
amount  and  paying  it  over. 

g  3782.     Repealed. 

g  3783.    Idem. 

g  3784.     Idem. 

§  3785.  Collector's  deed  when  property  is  not  redeemed  In 
time;    charges   for    making   and   acknowledgment. 

§  3786.    Recitals  in  deed  primary  evidence  of  what. 

§  3787.    Deed  conclusive  evidence  of  what. 

§  3788.  Title  conveyed  by  deed.  Deeds  to  State,  record  and 
effect  of. 

§  3789.  Assessment  books,  delinquent  lists,  etc.,  prima 
facie  evidence  of  what. 

§  3790.     Seizure  and  sale  of  personal  property  for  taxes. 

§  3791.     Manner  of  conducting  sale,  etc. 

§  3792.    Sale  must  be  made  after  notice. 

§  3793.     Collector's  charges  and  mileage  for  sale  or  seizure. 

§  3794.  Title  to  such  property  vests  in  purchaser  on  pay- 
ment,  etc. 

§  3795.  Disposition  of  excess  of  proceeds  over  taxes,  per- 
centage and  costs. 

§  3796.    Unsold  portion  to  remain  at  risk  of  owner. 

§  3797.  Comparison  of  delinquent  list  with  unpaid  assess- 
ments. 


§  374G  Property  Taxes.  776 

§  3798.    Oath  administered  to  Tax  Collector. 

§  3799.    Final  settlement  of  Collector  with  Auditor. 

§  3800.     Collector's  aifidavit,   indorsed  on  list. 

?  3^91.    List  of  lands  sold. 

^  3802.    Repealed. 

^  3803.    Idem. 

§  3802.  Uncanceled  taxes  to  be  entered  on  assessment 
book    of    each  succeediug  year,  until  paid. 

§  3803.    Rate  of  interest  on  delinquent  taxes. 

§3804.    Taxes,   etc.,   illegally  collected  to  be  refunded. 

§  3805.    When  land  assessed   more   than   once. 

§  3806.    Land   irregularly  assessed,   etc.,   not  to  be   sold. 

§  3807.  What  mistakes  do  not  affect  sale  of  property  for 
taxes. 

§  3808.  Collection  of  taxes  from  persons  assessed,  but  re- 
moved  to   another   county. 

§  3809.    Evidence  on  trial  of  suit  for  such  taxes. 

g  3810.    Repealed. 

g  3811.    Idem. 

i,  3812.    Idem. 

§  3813.  Assessment  of  property  purchased  by  State,  and 
adjournment  of   sales   thereof. 

§  3814.  No  sale  unless  directed  by  State  Board  of  Equali- 
zation. 

§  3815.    Conditions  of  redemption  of  property  sold  to  State. 

§  3816.  Distribution  of  such  redemption  moneys.  Ac. 
counts,  etc. 

§  3817.  Redemption  of  real  estate  sold  for  delinquent  taxes 
and  purchased  by  the  State. 

§  3818.     Redemption. 

§  3819.    Payment   under   protest. 

§  3746.  Within  ten  days  after  the  receipt  of 
the  assessment  book,  tlie  Tax  Collector  must  pub- 
lish a  notice  specif j'ing: 

1.  Tliat  the  taxes  on  all  personal  property  se- 
cured by  real  property,  and  one  half  of  the  taxes 
on  all  real  proi)erty,  will  be  due  and  payable  on 
the  second  Monday  in  October,  and  will  be  de- 
linquent on  the  last  Monday  in  November  next 
thereafter,  at  six  o'clock  P.  M.,  and  that  unless 
paid  prior  thereto,  fifteen  per  cent  will  be  added 
to  the  amount  thereof,  and  that  if  said  one  half 
be  not  paid  before  the  last  Monday  in  April  next, 
at  six  o'clock  P.  ]\r.,  an  additional  five  per  cent 
AV'ill  be  added  thereto.  That  the  remaining  one- 
half  of  the  taxes  on  all  real  property  will  be  pay- 
able on  and  after  the  first  Monday  in  January  next 


777  Property   Taxes.         §§  3747,3748 

and  will  be  delinquent  on  the  last  Monday  in  April 
next,  thereafter,  at  six  o'clocli  P.  M.,  and  that  un- 
less paid  prior  thereto,  five  per  cent  will  be  added 
to  the  amount  thereof. 

2.  That  all  taxes  may  be  paid  at  the  time  the 
first  installment,  as  herein  provided,  is  due  and 
paj'able. 

3.  The  times  and  places  at  which  payment  of 
taxes  may  be  made.  [Amendment,  approved 
April  1.  1807;  Amendments  1897,  chap,  cclxvii.  In 
effect  immediately.] 

Acts  providing  for  levy  and  collection  of  taxes. 
See  General  Laws,  title  "Taxation." 

Act  requiring  uniform  method  of  collection  of 
taxes.    See  General  Laws,  title  "Taxation." 

§  3747.  The  taxes  on  any  particular  lot,  piece, 
or  parcel  of  land  contained  in  any  assessment 
may  be  paid  separately  from  the  whole  assess- 
ment, bj'  paying  the  amount  of  state  and  county 
taxes  due  on  such  lot,  piece,  or  parcel  of  land, 
with  a  proper  proportion  of  the  amounts  due  as 
tax  on  personal  property,  penalties,  if  any,  and  a 
pi'oper  proportion  of  the  tax  due  to  any  school, 
road,  or  other  lesser  taxation.  The  tax-collector 
shall  malce  an  entry  on  the  margin  of  the  assess- 
ment-book, sliowing  what  certain  i)roperty  has 
been  released  by  the  payment  of  the  taxes  as 
herein  provided,  together  with  the  amounts  of 
such  taxes  separately  and  specifically  set  forth, 
r Amendment,  approved  March  28,  1895;  Stats. 
1895,  p.  324.    In  effect  March  28,  1895.] 

§  3748.  All  taxes  must  be  paid  at  the  office  of 
the  tax-collector,  unless  the  Board  of  Supervisors 
by  order,  made  on  or  before  the  first  Monday  in 
October,  direct  that  the  taxes  must  be  collected  in 
the  several  townships  of  tlie  county,  or  in  eitlier 
thereof,  or  in  any  municipal  corporation  in  said 
county,  in  which  case  the  notice  by  the  Tax  Col- 
lector must  specify  a  time  and  place  within  any 
township  or  municipal  corporation  named  in  such 
order,  when  and  where  the  Tax  Collector  will  at- 
tend to  receive  the  payment  of  taxes.  [Amend- 
ment, approved  March  28,  1895;  Stats.  1895,  p. 
324.    In  effect  March  28,  1895.] 


§§  3749-3753         Property  Taxes.  778 

§  3749.  The  notice  in  every  case  must  be  pub- 
lished for  two  weeliS  in  some  weekly  or  daily 
newspaper  published  in  the  county,  if  there  is 
one;  or  if  there  is  not,  then  by  posting  it  in  three 
public  places  in  each  township. 

§  3750.  The  Tax  Collector  must  mark  the  date 
of  payment  of  any  tax,  or  of  the  several  partial 
payments,  as  the  case  may  be,  in  the  assessment- 
book,  opposite  the  name  of  the  person  paying. 
[Amendment,  approved  March  31,  1891;  Stats. 
1891,  p.  447.    In  effect  first  Monday  in  July,  1891.] 

§  3751.  He  must  give  a  receipt  to  the  person 
paying  any  tax,  or  any  part  of  any  tax,  specifying 
the  amount  of  the  assessment  and  the  tax,  or  part 
of  tax,  paid,  and  the  amount  remaining  unpaid, 
if  any,  with  a  description  of  the  property  assess- 
ed; provided,  that  the  receipt  for  the  last  install- 
ment of  taxes  may  refer,  by  number  or  any  other 
intelligent  manner,  to  the  receipt  given  for  the 
first  installment  of  taxes,  in  lieu  of  a  description 
of  the  property  assessed.  [Amendment,  approved 
March  31,  1891;  Stats.  1891,  p.  447.  In  effect  first 
Monday  in  July,  1891.] 

§  3752.  The  Superior  Court  must  require 
every  administrator  or  executor  to  pay  out  of  the 
funds  of  the  estate  all  taxes  due  from  such  estate; 
and  no  order  or  decree  for  the  distribution  of  any 
property  of  any  decedent  among  the  heirs  or  dev- 
isees must  be  made  until  all  taxes  against  the  es- 
tate are  paid.  In  the  same  manner,  the  court 
must  require  the  assignee  to  pay  out  of  the  funds 
of  an  insolvent's  estate  all  taxes  due  from  such 
estate;  and  no  final  discharge  to  such  assignee 
shall  be  granted  until  all  taxes  against  the  insol- 
vent's estate  are  paid.  [Amendment,  approved 
Mai-ch  28,  1895;  Stats.  1895,  p.  325.  In  effect 
March  28,  1895.] 

Taxes  paid  bv  parties  interested  in  estate  inures 
to  benefit  of  all:  Sec.  .3642,  ante. 

§  3753.  On  the  first  Monday  in  each  month  the 
Tax  Collector  must  settle  witli  the  Auditor  for  all 
moneys  collected  for  the  State  or  coiinty.  and  pay 
the  same  to  the  county  Treasurer,  and  on  the 
same  day  must  deliver  to  and  file  in  the  office  of 
the  Auditor  a  statement,  under  oath,  showing: 


779  Property  Taxes.  §§  3754-3757 

1.  An  account  of  all  his  transactions  and  receipts 
since  his  last  settlement; 

2.  That  all  money  collected  by  him  as  Tax  Col- 
lector has  been  paid. 

§  3754.  A  Tax  Collector  refusing  or  neglecting 
for  a  period  of  five  days  to  make  the  payments 
and  settlements  required  in  this  title,  is  liable  for 
the  full  amount  of  taxes  charged  upon  the  assess- 
ment roll. 

§  3755.  The  District  Attorney  must  bring  suit 
against  the  Tax  Collector  and  his  sureties  for 
such  amount,  and  in  case  of  neglect  the  Control- 
ler of  State  or  the  Board  of  Supervisors  may  re- 
quire him  to  do  so;  and  wlien  the  suit  is  com- 
menced, no  credit  or  allowance  must  be  made  to 
the  Collector  for  the  taxes  outstanding. 

§  3756.  On  the  last  Monday  in  November  of 
each  year,  at  six  o'cloclc  P.  M.,  all  taxes  then  un- 
paid, except  the  last  installment  of  the  real  prop- 
erty taxes  are  delinquent,  and  tliereafter  the  Tax 
Collector  must  collect,  for  the  use  of  the  county, 
or  city  and  coimty,  an  addition  of  fifteen  per  cent 
thereon;  provided,  that  if  they  be  not  paid  before 
the  last  Monday  in  April  next  succeeding,  at  six 
o'clock  P.  M.,  he  shall  collect  an  addition  of  five 
per  cent  thereon.  On  the  last  Monday  in  April 
of  each  year,  at  six  o'clock  P.  M.,  all  the  unpaid 
portion  of  the  remaining  one-half  of  the  taxes  on 
all  real  property  are  delinquent,  and  thereafter 
the  Tax  Collector  must  collect,  for  the  use  of  the 
county,  or  city  and  county,  an  addition  of  five  per 
cent  thereon;  provided,  that  the  entire  tax  on  any 
real  property  may  be  paid  at  the  time  the  first  in- 
stallment,, as  above  provided,  is  due  and  payable; 
and  provided  further  that  the  taxes  on  all  personal 
property  unsecured  by  real  property,  shall  be  due 
and  payable  immediately  after  the  assessment  of 
said  personal  property  is  made.  [Amendment, 
approved  March  28,  1895;  Stats.  1895,  p.  325.  In 
effect  March  28,  1895.] 

§  3757.  Section  three  thousand  seven  hundred 
and  fifty-seven  of  the  Political  Code  is  hereby  re- 
pealed. [Repealed  December  23,  1873;  Amend- 
ments 1873-4,  p.  160.  In  effect  December  23, 
1873.] 


§§  3758-3761  Property  Taxes.  780 

§  375S.  On  the  second  Monday  in  December  of 
each  year,  in  eacli  of  the  counties,  and  cities  and 
counties  of  this  State,  the  Tax  Collector  must  at- 
tend at  the  olMce  of  the  Auditor  with  the  assess- 
ment book,  having  all  items  of  taxes  collected 
marked  "paid."  The  Auditor  shall  thereupon 
compute  and  enter  against  all  the  items  of  taxes  i 
due  and  unpaid  the  penalty  for  delinquency,  foot 
up  the  total  amount  of  penalties  then  due,  and 
must,  within  ten  days  thereafter,  deliver  to  said 
Tax  Collector  the  assessment  book  and  charge 
him  with  the  amount  of  said  penalties.  [Amend- 
ment, approved  April  1,  1897;  Amendments  1897, 
chap,  cclxvii.    In  effect  immediately.] 

§  3759.  On  the  third  Monday  in  May  of  each 
year,  in  each  of  the  counties  and  cities  and  coun- 
ties of  this  State,  the  Tax  Collector  must  attend 
at  the  office  of  the  auditor  with  the  assessment- 
book,  having  all  items  of  taxes  and  penalties  col- 
lected marked  "paid,"  and  at  the  same  time  he 
shall  deliver  to  the  auditor  a  complete  delinquent 
list  of  all  persons  and  property  then  owing  taxes. 
[Amendment,  approved  March  28,  1895;  Stats. 
1895,  p.  326.    In  effect  immediately.] 

Publishing  delinquent  list:  See  sec.  3764,  post. 

§  3760.  In  the  list  so  delivered  must  be  set 
down  in  numerical  or  alphabetical  order,  all  mat- 
ters and  things  contained  in  the  assessment  book, 
and  relating  to  delinqiient  persons  or  property. 

§  3761.  The  Auditor  must  carefully  compare 
the  list  with  the  assessment  book,  and  if  satisfied 
that  it  contains  a  full  and  true  statement  of  all 
taxes  due  and  unpaid,  he  must  foot  up  the  total 
amount  of  taxes  so  remaining  xinpaid.  credit  the 
Tax  Collector  who  acted  under  it  therewith,  and 
make  a  final  settlement  with  him  of  all  taxes 
charged  against  him  on  the  assessment  book,  and 
must  reqiiire  from  him  the  Treasurer's  receipt, 
or  if  the  Treasurer  is  the  Collector,  require  from 
him  an  immediate  account  for  any  existing  de- 
ficiency. 

Moneys  derived  from  mortgage  taxes  for  years 
1870  and  1871,  to  be  paid  to  counties  which  levied 
the  taxes:  Stats.  1872,  p.  762. 


781  Property  Taxes.  §§  3762-3765 

§  3762.  After  settlement  with  the  Tax  Collec- 
tor, as  prescribed  in  the  preceding  section,  the  Au- 
ditor must  charge  the  Tax  Collector  then  acting 
with  the  amount  of  taxes  due  on  the  delinquent 
tax  list,  with  the  penalty  or  penalties  added  there- 
to, and  within  three  days  thereafter  deliver  the 
list,  duly  oertified,  to  such  Tax  Collector.  [Amend- 
ment, approved  March  28,  1895;  Stats.  1895,  p. 
326.    In  effect  Immediately.] 

§  3763.  Within  ten  days  after  the  final  settle- 
ment, the  Auditor  must  transmit,  by  mail  or  ex- 
press, a  statement  to  the  Controller  of  State,  in 
such  form  as  he  requires,  of  eacli  kind  of  prop- 
erty assessed  and  delinquent,  and  the  total 
amount  of  delinquent  taxes.  If  the  Auditor  fails 
to  transmit  such  statement  in  the  time  prescribed 
by  law,  he  shall  forfeit  to  the  State  one  thousand 
dollars,  to  be  recovered  in  an  action  brought  by 
the  Attorney  General  in  the  name  of  the  Control- 
ler. [Amendment,  approved  April  1.  1897; 
Amendments  1897,  chap,  eclxvii.  In  effect  imme- 
diately.] 

§  3764.  On  or  before  the  fifth  day  in  June  of 
each  year  the  Tax  Collector  must  publish  the  de- 
linquent list,  which  must  contain  the  names  of 
the  persons  and  a  description  of  the  property  de- 
linquent, and  the  amount  of  taxes,  penalties,  and 
costs  due,  opposite  each  name  and  description, 
with  the  taxes  due  on  personal  property,  the  de- 
linquent state,  poll,  road,  and  hospital  tax,  the 
taxes  due  each  school,  road,  or  other  lesser  taxa- 
tion district,  added  to  the  taxes  on  real  estate, 
where  the  real  estate  is  liable  therefor,  or  the  sev- 
eral taxes  are  due  from  the  same  person.  The 
expense  of  the  publication  to  be  a  charge  against 
the  county,  or  city  and  county.  [Amendment,  ap- 
proved March  28.  1895;  Stats.  1895,  p.  326.  In  ef- 
fect immediately.] 

.  §  3765.  The  Tax  Collector  must  append  and 
publish  with  the  delinquent  list  a  notice  that  un- 
less the  taxes  delinquent,  together  with  the  costs 
and  penalties,*  are  paid,  the  real  propei'ty  ujion 
which  such  taxes  are  a  lien  will  be  sold.  [Amend- 
*  Amended  also  February  28.  189.5,  reading 
"percentage"  instead  of  "penalties."  [Stats.  1895. 
p.  18.] 

Pol.   Code— 66. 


§§  3T6G-3770  Property  Taxes.  782 

uient,   approved   March   28,    1895;    Stats.   1895,   p. 
32tJ.    In  effect  immediatelj\] 

§  3766.  The  publication  must  be  made  once  a 
week  for  tliree  successive  weelvs,  in  some  newspa- 
per, or  supplement  tliereto,  published  in  the  coun- 
ty, and  the  board  of  supervisors  must  contract 
for  such  publication  with  the  lowest  bidder,  and  af- 
ter ten  flays'  public  notice,  that  such  will  be  let. 
The  bidding  must  be  by  sealed  proposals.  If  there 
is  no  newspaper  published  in  the  county,  then  by 
posting  a  copy  of  the  list  in  three  public  places 
in  each  township.  [Amendment,  approved  March 
28,  1895;  Stats.  1895,  p.  326.  In  effect  immediate- 
ly.] 

§  3767.  The  publication  must  designate  the 
day  and  hour  when  the  property  will,  by  opera- 
tion of  law,  be  sold  to  the  State,  which  sale  must 
not  be  less  than  twenty-one  nor  more  than  twen- 
ty-eight days  from  the  time  of  the  first  publica- 
tion, and  the  place  sliall  be  in  the  Tax  Collector's 
office.  [Amendment  approved  March  28,  1895; 
Stats.  1895,  p.  320.    In  effect  immediately.] 

§  3768.  [Repealed  March  28.  1895;  Stats.  1895. 
p.  327.    In  effect  March  28,  1895.] 

§  3769.  The  Collector,  as  soon  as  he  has  made 
the  publication  required  in  sections3764, 3765, 3766, 
and  3767.  must  file  with  the  County  Recorder  and 
County  Clerk  respectively,  a  copy  of  the  publica- 
tion, Avith  an  affidavit  attached  thereto  that  it  is 
a  true  copy  of  the  same;  that  the  publication  was 
made  in  a  newspaper  or  supplement  thereto,  stat- 
ing its  name  and  place  of  publication,  and  the 
date  of  each  appearance;  and  in  case  there  was 
no  newspaper  published  in  his  county,  that  no- 
tices were  put  up  in  three  public  places  in  each 
of  the  townships,  designating  the  township  and 
places  therein,  which  affidavit  is  primary  evidence 
of  all  the  facts  stated  therein. 

Primarv  evidence — changed  to  prima  facie  in 
sees.  3788,  3789. 

S  3770.  The  Tax  Collector  must  collect,  in  ad- 
dition to  the  taxes  due  on  the  delinquent  list,  to- 
gether with  the  penalties  for  delinquency,  fifty 
cents  on  each  lot.  piece,  or  tract  of  land  separately 
assessed,   and   on   each    assessment   of     personal 


783  Property  Taxes.  §§  3771-3773 

property,  which  shall  be  paid  to  the  county  and 
be    placed    to    the     credit    of    the   salary   fund. 
[Amendment,   approved     March    28,   1895;    Stats. 
1895,  p.  327.    In  effect  March  28,  1895.] 
See    sec.  3811,  post. 

§  3771.  On  the  day  and  hour  iixed  for  the  sale 
all  the  property  delinquent,  upon  which  the  taxes 
of  all  kinds,  penalties,  and  costs  have  not  been  paid, 
shall  by  operation  of  law  and  the  declaration  of 
the  Tax  Collector,  be  sold  to  the  State,  and  said 
Tax  Collector  shall  make  an  entry,  "Sold  to  the 
State,"  on  the  delinquent  assessment  list,  oppo- 
site the  tax,  and  he  shall  be  credited  with  the 
amount  thereof  in  his  settlement,  made  pursuant 
to  sections  three  thousand  seven  hundred  and 
ninety-seven,  three  thousand  seven  hundred  and 
ninety-eight,  and  three  thousand  seven  hundred 
and  ninety-nine;  provided,  that  on  the  day  of  sale 
the  owner  or  person  in  possession  of  any  prop- 
erty offered  for  sale  for  taxes  due  thereon,  may 
pay  the  taxes,  penalties,  and  costs  due;  and  pro- 
vided further,  that  when  the  original  tax  amounts 
to  the  sum  of  three  hundred  dollars  or  more  upon 
any  piece  of  property  or  assessment  delinquent,  the 
state  may  bring  suit  against  the  owner  of  said 
property  for  the  collection  of  said  tax  or  taxes, 
penalties,  and  costs,  as  provided  in  section  three 
thousand  eight  hundred  and  ninety-nine.  [Amend- 
ment approved  :\rarch  28.  1895;  Stats.  1895,  p.  327. 
In  effect  March  28.  1895.1 

§  3772.  Immediately  upon  completion  of  the 
sale  provided  for  in  the  preceding  section,  the  Tax 
Collector  must,  by  mail  or  express,  transmit  to 
the  Controller  a  statement  or  report  in  such  form 
as  the  controller  may  desire,  showing  in  detail 
each  sale  wherein  the  state  became  such  purchas- 
er. [Amendment,  approved  March  28,  1895;  Stats. 
1895,  p.  327.    In  effect  March  28,  1895.] 

Basis  of  section:  Stats.  1857,  p.  332,  sec.  16. 

8  3773.  [Repealed,  jNIarch  28,  1895;  Stats.  189.5, 
I-.  327.] 

Tlie  original  section  provided  for  the  designa- 
iinn  by  the  owner  of  the  propei'ty  to  be  sold. 
There  was  a  section  .3773  adopted"  at  the  same 
Mssion  as  the  above  repealing  act.  as  follows: 

On    the    day   of    sale    the    owner    or    person 


§§  3774-3777  Property  Taxes.  784 

in  possession  of  any  real  estate  offered  for 
sale  for  taxes  due  thereon,  may  pay  the  taxes  and 
costs  due;  but  in  case  such  taxes  and  costs  are 
not  paid  by  the  owner  or  person  in  possession,  or 
by  some  one  on  behalf  of  such  owner  or  person  in 
possession,  the  whole  amount  of  the  propertj'  as- 
sessed shall  be  struck  off  to  the  people  of  the 
State  as  the  purchaser;  provided,  that  when  the 
said  taxes  amount  to  the  sum  of  three  hundred 
ch)llars  or  more,  upon  any  piece  of  property,  the 
State  may  bring  suit  against  the  owner  of  said 
property  for  tlie  collection  of  said  taxes  and  costs, 
as  provided  in  section  three  thousand  eight  hun- 
dred and  ninety-nine  of  this  Code.  In  each  case 
the  Tax  Collector  shall  make  an  entry,  "Sold  to 
the  State."  on  the  delinquent  assessment  book  op- 
posite the  tax,  and  he  shall  be  credited  with  the 
amount  thereof  in  his  settlement  made  pursuant 
to  sections  thirty-seven  hundred  and  ninety-seven, 
thirty-seven  hundred  and  ninety-eight,  and  thirty- 
seven  hundred  and  ninetv-nine  of  this  Code. 
[Stats.  1895,  p.  18.    In  effect  February  25,  1895.] 

§  3774.  [Repealed  February  25,  1895,  and  in 
effect  March  28,  1895.  Repealed  March  28,  1895; 
Stats.  1895,  p.  327.] 

§  3775.  [Repealed  February  25,  1895;  Stats. 
1895,  p.  19;  and  March  28,  1895;  Stats.  1895,  p. 
327.] 

§  3776.  The  Tax  Collector  must  make  out  a 
certificate  of  delinquent  tax  sale  for  each  piece 
or  tract  of  land  sold,  dated  on  the  day  of  the  sale, 
stating  (when  known)  the  name  of  the  person  as- 
sessed, a  description  of  the  land  sold,  that  it  was 
sold  for  delinquent  taxes  to  the  State,  and  giving 
the  amount  and  year  of  the  assessment,  and  spec- 
ifying when  the  State  will  be  entitled  to  a  deed. 
[New  section  approved  April  1,  1897;  Amend- 
ments 1897,  chap,  cclxvii.     In  effect  immediately.] 

§  3777.  Such  certificate  must  be  signed  by  the 
Tax  Collector,  regularly  numbered  in  a  book,  and 
the  book  must  be  filed  in  the  office  of  the  County 
Recorder,  and  when  so  filed,  with  the  Recorder's 
filing  on  each  certificate  in  said  booli.  it  must  be 
regarded  as  recorded  in  the  Recorder's  office.  The 
State  Controller  shall  prescribe  the  form  of  such 


7S5  ProiJerty  Taxes.  §§  3778-3780 

certificate  of  sale  and  record  book.  The  Recorder 
must  index  sucli  certificates  of  sale  in  an  index 
booii,  kept  for  that  purpose,  the  form  of  which 
shall  be  prescribed  by  the  State  Controller.  In 
case  of  a  redemption,  or  a  subsequent  sale  of  any 
of  said  pi'operty  by  the  State,  the  Recorder  must 
enter  on  the  margin  of  the  certificate,  describing 
such  property  in  said  certificate  book  of  record  in 
his  ofiice  the  fact  of  such  redemption  or  sale,  giv- 
ing the  date  thereof,  and  by  whom  redeemed. 
[New  section  approved  April  1,  1897;  Amendments 
1897,  chap,  cclxvii.     In  effect  immediately.] 

§  3778.  [Repealed  March  28,  1895;  Stats.  1895, 
p.  328.     In  effect  immediately.] 

During  the  same  session  in  which  this  section 
was  repealed,  an  amendment  td  the  section  was 
approved,  as  follows: 

The  Collector  must,  in  a  book  provided  for  that 
purpose,  enter  a  description  of  the  land  sold,  cor- 
responding to  the  description  in  the  original  as- 
sessment-roll, the  date  of  sale,  that  it  was  sold  to 
the  State,  the  amount  for  which  it  was  sold,  and 
must  regularly  number  the  descriptions  on  the 
margin  of  the  book.  Such  book  must  be  open  to 
public  inspection,  Avithout  fee,  during  office  hours, 
when  not  in  actual  use.  ^Amendment  approved 
February  28,  1895;  Stats.  1895,  p.  19.  In  effect 
February  25,  1895.] 

§  3779.     [Repealed  February  25,  1895;     Stats. 

1895,  p.  19.    In  effect  immediately.  Also  repealed 

March  28,  1895;  Stats.  1895,  p.  328.  In  effect  im- 
mediately.] 

§  3780.  A  redemption  of  the  property  sold  may 
be  made  by  the  owner,  or  any  party  in  interest, 
within  five  years  from  the  date  of  the  sale  to  the 
State,  or  at  any  time  prior  to  the  entry  or  sale  of 
said  land,  by  the  State,  in  the  manner  provided 
by  section  three  thousand  eight  hundred  and  sev- 
enteen. [Amendjnent  approved  March  28,  1895; 
Stats.  1895,  p.  328.     In  effect  March  28,  1895.] 

At  the  same  session  this  section  was  also 
amended  to  read  as  follows: 

A  redemption  of  tlie  property  sold  may  be  made 
by  the  owner,  or  any  party  in  interest,  within  five 


§§  3781-3785  Property  Taxes.  786 

years  from  the  date  of  the  purchase  by  the  State. 
or  at  any  time  prior  to  the  entry  or  sale  of  said 
land  in  the  manner  applicable  to  other  State 
lands  of  lilve  character.  [Amendment  approved 
I'ebruary  25,  1895:  Stats.  1895,  p.  19.  In  efCect 
I'ebruary  25,  1895.] 

§  3781.  Redemption  must  be  made  to  the 
County  Treasurer  on  an  estimate  furnished  by  the 
Auditor,  in  lawful  money  of  the  United  States, 
and  the  Treasurer  must  account  to  the  State  for 
all  moneys  received  under  such  redemption,  which 
said  money  shall  be  distril)uted  in  the  manner 
provided  by  section  three  thousand  eight  hundred 
and  sixteen.  [Amendment  approved  March  28, 
1895;  Stats.  1895,  p.  328.  In  efCect  March  28, 
1895.] 

An  amendment  of  February  28,  1895,  Stats.  1895. 
p.  19,  of  the  same  section,  was  same  as  above,  ex- 
cept the  words  "on  an  estimate  furnished  by  the 
Auditor." 

§  3782.  [Repealed  February  25,  1895;  Stats. 
1895,  p.  19.     In  effect  February  25,  1895.] 

§  3783.  [Repealed  February  25,  1895;  Stats. 
1895,  p.  19.     In  effect  "I^ebruary  25,  1895.] 

§  3784.  [Repealed  February  25,  1895;  Stats. 
1895,  p.  19.     In  effect  February  25,  1895.] 

§  3785.  If  the  property  is  not  redeemed  with- 
in the  time  allowed  by  law  for  its  redemption  the 
Tax  Collector,  or  his  successor  in  office,  must 
make  the  State  a  deed  of  the  property,  reciting  in 
siich  deed  the  name  of  the  person  ass^sed  (when 
known),  the  date  of  sale,  a  description  of  the  land 
sold,  the  amount  for  which  it  was  sold,  that  it 
was  sold  for  delinquent  taxes,  giving  the  assessed 
value  and  the  year  of  assessment,  the  time  when 
the  right  of  redemption  had  expired,  and  that  no 
person  has  redeemed  the  propert.v  in  the  time  al- 
lowed by  law  for  its  redemption.  No  charge  shall 
be  made  by  the  tax-collector  for  the  making  of 
any  such  deed,  and  the  acknowledgment  of  all 
such  deeds  shall  be  taken  by  the  county  cleric 
free  of  charge.     All  such  deeds  shall  be  recorded 


787  Property  Taxes.  §  3785 

iu  the  office  of  the  County  Recorder  of  the  coun- 
ty wherein  the  property  sold  is  situated,  and  said 
Recorder  shall  make  no  charge  therefor.  The 
State  Controller  shall  provide  uniform  blank 
deeds,  upon  which  all  conveyances  to  the  State  un- 
der the  provisions  of  this  section  shall  be  made. 
All  such  deeds,  after  being  duly  recorded,  as  here- 
in provided,  shall  be  forwarded  by  the  County  Re- 
corder to  the  Controller.  The  Controller  shall  re- 
cord such  deeds  at  length  in  a  book  to  be  provided 
for  that  purpose,  in  which  boolv  a  marginal  space 
shall  be  left  to  show  the  subsequent  disposition 
of  the  property  by  the  State;  provided,  however, 
that  when  State  lands  have  been  sold  to  the  State 
upon  which  the  full  purchase  price  of  one  dollar 
and  twenty-five  cents  per  acre  has  not  been  paid, 
the  deeds  to  the  State,  after  being  duly  recorded 
as  herein  provided,  shall  be  forwarded  by  the 
County  Recorder  to  the  Surveyor  General,  and 
remain  on  file  in  his  office,  and  the  State  shall  dis- 
pose of  such  lands  in  the  manner  provided  in  sec- 
tion three  thousand  seven  hundred  and  eighty- 
eight.  In  all  cases  where  land  has  heretofore 
been  sold  to  the  State  for  delinquent  taxes,  the 
deed  therefor  shall  be  made  to  the  State  within 
one  year  after  this  act  takes  effect;  provided,  five 
years  shall  have  elapsed  after  the  date  of  such 
sale.  [Amendment  approved  March  28.  1895; 
Stats.  1895,  p.  328.    In  effect  March  28,  1895.] 

At  the  same  session  the  statute  was  also  amend- 
ed to  read  as  follows: 

If  the  property  is  not  redeemed  within  the  time 
allowed  by  law  for  its  redemption,  the  collector, 
or  his  successor  in  office,  must  make  the  State  a 
deed  of  the  property,  reciting  in  the  deed  the  date 
of  sale,  the  name  of  the  person  assessed,  when 
known,  a  description  of  the  land  sold,  the  amount 
paid  therefor,  that  it  was  sold  for  taxes,  giving 
the  amoimt  and  the  year  of  assessment,  and  the 
time  when  the  preferred  right  to  purchase  the 
land  will  expire,  and  that  no  person  has  redeem- 
ed the  property  during  the  time  allowed  for  its  re- 
demption. No  cliarge  shall  be  made  by  the  Col- 
lector for  the  making  of  any  such  deed,  and  ac- 
knowledgments of  all  such  deeds  shall  be  taken 
by  the  County  Clerk  free  of  charge.  All  said  deeds 
shall  be  recorded  in  the  office  of  the  County  Re- 
corder of  the  county  wherein  the  property  sold  is 


§§  3786-3788  Property  Taxes.  788 

situated,  and  said  Recorder  shall  make  no  charge 
therefor.  The  State  Controller  shall  provide  uni- 
form blank  deeds,  upon  which  all  conveyances  to 
the  State  under  the  provisions  of  section  thirty- 
seven  hundred  and  eighty-five  of  the  Political 
Code  shall  be  made.  [Amendment  approved  Feb. 
25,  1895;  Stats.  1895,  p.  19.] 

§  3786.  The  matters  recited  in  the  certificate  of 
sale  must  be  recited  in  the  deed,  and  such  deed, 
duly  acknowledged  or  proved,  is  primary  evidence 
that: 

1.  The  property  was  assessed  as  required  by 
law; 

2.  The  property  was  equalized  as  required  by 
law; 

3.  The  taxes  were  levied  in  accordance  with 
law; 

4.  The  taxes  V\ere  not  paid: 

5.  At  a  proper  time  and  place  the  property  was 
sold  as  prescribed  by  law,  and  by  the  proper  offi- 
cer; 

6.  The  property  was  not  redeemed: 

7.  The  person  who  execiited  the  deed  was  the 
proper  officer; 

8.  Where  the  real  estate  was  sold  to  pay  taxes 
on  personal  property,  that  the  real  estate  belong- 
ed to  the  person  liable  to  pay  the  tax. 

Tax  certificate,  what  must  contain:  Sec.  3776, 
ante. 

§  3787.  Such  .deed,  duly  acknowledged  or 
proved,  is  (except  as  against  actual  fraud)  con- 
clusive evidence  of  the  regularity  of  all  other  pro- 
ceedings, from  the  assessment  by  the  Assessor, 
inclusive,  up  to  the  execution  of  the  deed.  Such 
deed  conveys  to  the  State  the  absolute  title  to 
the  property  described  therein,  free  of  all  en- 
cumbrances, except  when  the  land  is  owned  by 
the  United  States,  or  this  State,  in  which  case  it 
is  prima  facie  evidence  of  the  right  of  possession, 
accrued  as  of  the  date  of  the  deed  to  the  State. 
[Amendment  approved  March  28,  1895;  Stats. 
1895,  p.  329.     In  effect  March  28,  1895.] 

§  3788.  When  State  lands,  upon  which  the  full 
purchase  price  of  one  dollar  and  twenty-five  cents 
per  acre  has  not  been  paid,  and  the  deed  therefor 
to  the  State  provided  for  in  section  three  thousand 


789  Property  Taxes.  §  3788 

seven  hundred  and  eighty-five  has  been  forward- 
ed to  and  filed  with  the  Surveyor  General,  the  said 
lands  shall  again  become  subject  to  entry  and 
sale,  in  the  same  manner,  and  subject  to  the  same 
conditions,  as  apply  to  other  State  lands  of  like 
character,  except  that  the  former  possessors  of  the 
lands  thus  deeded  to  the  State,  their  heirs  or  as- 
signs, shall  be  preferred  purchasers  thereof  for 
the  period  of  six  months  after  the  deeds  are  filed 
with  the  Surveyor  General;  but  the  Surveyor  Gen- 
eral shall  not  permit  an  entry,  or  make  a  sale  of 
any  lands  thus  deeded  to  the  State,  except  upon  the 
previous  payment  into  the  State  Treasury,  as  oth- 
er moneys  are  required  to  be  paid  therein,  in  ad- 
dition to  the  price  of  said  lands  as  compared  with 
the  price  fixed  for  other  State  lands  of  like  char- 
acter, by  the  person  or  persons  proposing  to  make 
the  entry  or  purchase,  of  a  sum  equal  to  the  de- 
linquent taxes,  penalties,  costs,  and  accruing 
costs,  by  virtue  whereof  the  State  became  a  pur- 
chaser of  the  lands  thus  sought  to  be  entered  or 
purchased,  and  also  all  delinquent  taxes,  penal- 
ties, and  costs,  which  may  have  accrued  upon 
such  lauds  prior  to  and  subsequent  to  the  date  of 
the  sale  to  the  State,  in  pursuance  of  which  the 
State  received  a  deed  therefor.  The  money  thus 
paid  into  the  treasury  shall  be  distributed  in  the 
manner  prescribed  in  section  three  thousand 
eight  hundred  and  sixteen;  provided,  that  the 
moneys  received  for  twenty  per  cent  of  the  pur- 
chase money  and  accruing  interest,  together  with 
the  principal,  in  case  of  full  payment  on  the 
lands,  shall  be  distributed  by  the  Surveyor  Gen- 
eral, in  the  manner  now  provided  by  law  for  such 
distribution.  [Amendment  approved  Mai'ch  28, 
1895;  Stats.  1895,  p.  329.  In  effect  March  28, 
1895.] 

There  was  also  adopted  at  the  same  session  an- 
other section  3788,  as  follows: 

Such  deed  conveys  to  the  State  the  absolute  ti- 
tle to  the  property  described  therein,  as  of  the 
date  of  the  expiration  of  the  period  of  five  years 
from  the  date  of  the  sale  of  said  property  to  the 
State,  free  of  all  encumbrances,  except  when  the 
land  is  owned  by  tlie  United  States  or  this  State, 
in  which  case  it  is  prima  facie  evidence  of  the 
right  of  possessif)n,  accrued  as  of  the  date  of  the 
deed  to  the  State.     All  said  deeds  when  recorded 


§  3789  Property  Taxes.  790 

by  the  Recorders  of  the  several  counties,  as  pre- 
scribed in  section  thirty-seven  hundred  and 
eighty-five  of  this  Code,  shall  be  duly  certified  by 
such  County  Recorder,  and  shall  be  duly  filed  in 
the  office  of  the  Surveyor  General,  and  thereupon 
the  land  shall  again  become  subject  to  entry  and 
sale  in  the  same  manner,  and  subject  to  the  same 
conditions,  as  apply  to  other  State  lands  of  like 
character,  except  that  the  former  possessors  of 
lands  thus  deeded  to  the  State,  their  heirs  or  as- 
signs, shall  be  preferred  purchasers  tnereof  for 
the  period  of  six  months  after  the  deeds  are  filed 
with  the  Surveyor  General,  as  prescribed  in  this 
section;  but  the  Surveyor  Genei'al  shall  not  per- 
mit an  entry,  or  ma  lie  a  sale  of  any  lands  thus 
deeded  to  the  State,  except  upon  the  previous  pay- 
ment into  the  State  Treasury,  in  addition  to  the 
price  of  said  lands,  as  compared  with  the  price 
fixed  for  other  State  lands  of  a  lilie  character,  by 
the  person  or  persons  proposing  to  make  the  entry 
or  purchase,  of  a  sum  equal  to  the  delinquent 
taxes,  costs,  and  penalties,  by  virtue  whereof  the 
State  became  a  purchaser  of  the  lands  thus  sought 
to  be  entered  or  pureliased.  and  also  all  delinquent 
taxes,  costs,  and  penalties  which  may  have  ac- 
crued upon  such  lauds  subsequent  to  the  date  of 
the  sale  to  the  State,  in  pursuance  of  which  the 
State  I'eceived  a  deed  therefor.  The  money  thus 
paid  into  the  State  treasury  shall  be  distributed 
in  the  manner  prescribed  in  section  thirty-eight 
hundred  and  sixteen  of  this  Code.  In  all  cases 
wliere  land  has  lieretofore  been  sold  to  the  State 
for  delinquent  taxes,  the  deed  therefor  shall  be 
made  within  one  year  after  this  act  takes  effect; 
provided,  five  years  shall  have  elapsed  after  the 
date  of  such  sale.  [In  effect  February  25,  1895, 
p.  20.] 

§  3789.  The  assessment-book,  or  delinquent 
list,  or  copy  thereof,  certified  by  the  County  Audi- 
tor, showing  unpaid  taxes  against  any  person  or 
property,  is  prima  facie  evidence  of  the  assess- 
ment, the  property  assessed,  the  delinquency, 
the  amount  of  taxes  due  and  unpaid,  and  that  all 
the  forms  of  law  in  relation  to  the  assessment  and 
levy  of  such  taxes  have  been  complied  with. 
[Amendment  appi-oved  March  28.  1895;  Stats. 
1895,  p.  330.     In  effect  immediately.] 


i 


791  Property  Taxes.  §§  3790-3797 

§  3790.  The  Assessor  of  each  county,  and  city 
and  county,  shall  have  power,  between  the  first 
Monday  in  Marcli  and  the  third  Monday  in  July 
of  each  year,  to  collect  the  taxes  due  on  personal 
property,  except  when  real  estate  is  liable  there- 
for, by  seizure  and  sale  of  any  personal  property 
owned  by  the  delinquent.  [Amendment  approved 
March  28,  1895;  Stats.  1895,  p.  330.  In  effect  im- 
mediately.] 

See  post,  sees.  3820  et  seq.,  as  to  collection  of 
taxes  by  Assessor. 

§  3791.  The  sale  must  be  at  public  auction,  and 
of  a  sutticient  amount  of  the  property  to  pay  the 
taxes,  percentage,  and  costs. 

§  3792.  The  sale  must  be  made  after  one 
week's  notice  of  the  time  and  place  thereof,  given 
by  publication  in  a  newspaper  in  the  county,  or 
by  posting  in  three  public  places. 

§  3793.  For  seizing  or  selling  personal  prop- 
erty, the  Assessor  may  charge  in  each  case  the 
sum  of  three  dollars,  and  the  same  mileage  as  is 
allowed  by  law  to  the  sheriff  of  tlie  county. 
[Amendment  approved  Marcli  28,  1895;  Stats. 
1895,  p.  330.     In  effect  immediately.] 

§  3794.  On  payment  of  the  price  bid  for  any 
property  sold,  the  delivery  thereof  with  a  bill  of 
sale,  vests  the  title  thereto  in  the  purchaser. 

§  3795.  All  excess  over  the  taxes,  per  cent,  and 
costs  of  the  proceeds  of  any  such  sale,  must  be 
returned  to  the  owner  of  the  property  sold,  and 
until  claimed  must  be  deposited  in  the  County 
Treasiu-y,  sul).iect  to  the  order  of  the  owner,  heirs, 
or  assigns. 

§  3796.  The  unsold  portion  of  any  property 
may  be  left  at  the  place  of  sale  at  the  rislv  of 
the  owner. 

§  3797.  The  tax  collectoi-  must,  on  or  before 
the  last  day  in  .June  of  eacli  .year,  attend  at  tlie 


§§  3798-3S02  Troperty  Taxes.  792 

office  of  the  auditor  with  the  delinquent  list,  with 
all  items  collected  marked  "paid"  thereon,  and 
the  auditor  must  then  carefully  compare  the  list 
with  the  assessment  of  persons  and  property  not 
marked  "paid"  on  the  assessment  book,  and  when 
taxes  have  heen  paid,  must  note  the  fact  in  the 
appropriate  column  in  the  assessment  book. 
[Amendment  approved  March  28,  1895;  Stats. 
1895,  p.  330.     In  eifect  immediately.] 

§  3798.  The  Auditor  must  then  administer  to 
the  Tax  Collector  an  oath,  to  be  written  and  sub- 
scribed in  the  delinquent  list,  that  every  person 
and  all  property  assessed  in  the  delinquent  list 
on  which  taxes  have  been  paid  has  been  credited 
in  the  list  with  such  payment. 

§  3799.  The  Auditor  must  then  foot  up  the 
amount  of  taxes  unpaid,  and  credit  the  tax-col- 
lector with  tlie  amount,  and  have  a  final  settle- 
ment with  him:  and  the  delinquent  list  must  re- 
main on  file  in  the  Auditor's  office.  [Amendment 
approved  March  28.  1895:  Stats.  1895,  p.  330.  In 
effect  immediately.! 

§  3800.  At  the  time  mentioned  in  section  three 
thousand  seven  hundred  and  sixty  four  the  tax 
collector  must  make  an  affidavit,  indorsed  on  the 
list,  that  the  taxes  not  marked  "paid"  have  not 
been  paid.  [Amendment  approved  March  28, 
1895:  Stats.  1895.  p.  330.     In  effect  immediately.] 

§  3801.  It  shall  be  the  duty  of  the  Tax  Collec-' 
tor,  within  thirty  days  after  the  sale  of  any  land 
for  delinquent  taxes,  to  furnish  to  the  Auditor  the 
complete  printed  list  of  all  such  lands  so  sold,  and 
thereupon  the  Auditor  shall  enter  upon  the  as- 
sessment book  of  the  current  year,  immediately 
after  the  description  of  the  property,  the  fact  that 
said  property  has  been  sold  for  taxes,  and  the  date 
of  such  sale.  [Amendment  approved  April  1. 
1897:  Amendments  1897,  chap,  cclxvii.  In  effect 
immediately.] 

§  3802.     [Repealed.     In  effect  April  3,  1876.] 


« 


r93  Property  Taxes.  §§  3803-3805 

§  3803.  Section  three  thousand  eight  hundred 
and  three  is  hereby  repealed.  [Repealed  March 
28,  1895;  Stats.  1895,  p.  331.  In  effect  March  28, 
1895.] 

§  3804.  Any  taxes,  penalties,  and  costs  paid 
more  than  once,  or  erroneously  or  illegally  col- 
lected, may,  by  the  order  of  the  Board  of  Super- 
visors, be  refunded  by  the  County  Treasurer;  and 
whenever  any  payments  shall  have  been  made  to 
the  State  Treasurer  by  the  County  Treasurer,  as 
provided  by  sections  three  thousand  eight  hundred 
and  sixty-five  and  three  thousand  eight  hundred 
and  sixty-six  of  this  Code,  and  it  shall  afterwai-ds 
appear  to  the  satisfaction  ot  tlie  Board  of  Su- 
pervisors that  a  portion  of  the  money  so  paid  has 
been  paid  more  than  once,  or  erroneously  or  ille- 
gally collected,  said  board  may  refund  such  por- 
tions of  said  taxes,  penalties,' and  costs  so  paid 
to  the  State  Treasurer,  to  the'  person  entitled  to 
the  same,  out  of  the  general  fund  in  the  County 
Treasury;  and  upon  rendering  the  report  required 
by  section  three  thousand  eight  hundred  and  six- 
ty-eight, the  Auditor  shall  certify  to  the  Control- 
ler, in  such  form  as  the  Controller  may  prescribe, 
all  amounts  so  refunded,  and  in  the  "next  settle- 
ment of  the  County  Treasurer  with  the  State  the 
Controller,  if  satisfied  of  the  legality  of  such  re- 
funding by  said  Boai-d,  shall  give  such  treasurer 
credit  for  the  State's  portion  of  the  amounts  so 
refunded,  as  prescribed  in  section  three  thousand 
eight  himdred  and  seventy-one.  [Amendment 
approved  March  28.  1895;  Stats.  1895,  p.  331.  In 
effect  March  28,   1895.] 

§  3805.    WJien  the  Tax  Collector  discovers  that 

'any  property  has  been  assessed  more  than  once 

for  the  same  year,  he     nmst  collect  only  the  tax 

justly  due.  and  make  return  of  the  facts,  under 

afiidavit  to  tlae  Auditor,  wlio  sliall,  wlien  directed 

to  do  so  by  tlie  Board  of  Supervisors,  cancel  one 

of   said   erroneous   or  double  assessments   by   an 

entry  on  the  margin  of  the  assessment  book,  as 

;ils(»  on  tlie  delincinent  list,  sliould  such  erroneous 

n-  double  assessment  be  carried  therein.     If  the 

property  assessed    under  such   erroneous   or  dou- 

ilc  assessment  has  ))oen  sold,  and  a  certificate  or 

Ici'd  therefor  has  been  issued,  such  fact  shall  be 

Pol.  Code-67. 


§§  3S06, 3807         Property  Taxes.  794 

certified  to  the  Controller  by  the  Auditor  and  Tax 
Collector,  and  thereupon  the  Controller  shall  is- 
sue his  certificate,  under  seal,  authorizing  the  Au- 
ditor to  cancel  such  erroneous  or  double  assess- 
ment; provided,  no  cancellation  of  an  erroneous 
or  double  assessment  shall  be  made  in  any  case 
until  the  taxes,  penalties,  and  costs  upon  one  of 
such  assessments  shall  have  been  paid.  When- 
ever the  possessory  interests  in  lands  belonging 
to  the  United  States,  or  lands  upon  which  final 
payment  had  not  yet  been  made  to  the  United 
States  at  the  time  of  such  assessment,  has  been 
assessed  and  sold  to  the  State  for  delinquent 
State  and  county  tax.es,  the  Board  of  Supervisors, 
in  the  respective  counties,  shall,  upon  application 
of  the  owner  of  the  lands,  his  representative,  or 
any  party  interested  therein,  direct  the  County 
Auditor  to  cancel  the  certificate  of  sale,  in  which 
such  possessoi-y  interest  was  sold,  or  any  deed 
which  may  have  been  made  to  the  State,  under 
such  sale.  Before  an  order  to  cancel  the  certi- 
ficate or  deed,  as  provided  in  this  act,  shall  be 
granted,  the  applicant  shall  tile  with  the  board 
a  certificate  from  the  Register  of  the  United 
States  Land  Oflice,  showing  that  at  the  date 
when  such  taxes  so  assessed  became  a  lien,  final 
payment  for  the  land  had  not  yet  been  made  to 
the  United  States;  provided,  that  no  order  to  can- 
cel such  sales  or  deeds,  of  possessory  interest, 
shall  be  made  where  the  person,  to  whom  such 
possessory  interests  were  assessed,  afterwards  ob- 
tained a  patent  from  the  United  States  for  such 
lands.  Such  certificate  of  the  register  shall  be 
filed  with  the  application,  and  preserved  as  a 
part  of  the  record  of  the  Board  of  Supervisors. 
[Amendment  approved  April  1.  1897;  Amend- 
ments 1897,  chap,  cclxvii.    In  effect  immediately.] 

§  3806.  If  the  Collector  discovers  before  the 
sale  that  on  account  of  irregular  assessment,  or 
of  any  other  error,  any  laud  ought  not  to  be  sold, 
he  must  not  offer  the  same  for  sale:  and  the  Board 
of  Supervisors  must  cause  the  Assessor  to  enter  the 
uncollected  taxes  upon  the  assessment  book  of  the 
next  succeeding  year,  to  be  collected  as  other  taxes 
entered  thereon. 

§  3807.  When  laud  is  sold  for  taxes  correctly 
imposed  as  the  property  of  a  particular  person,  no 


795  Property  Taxes.  §§  3808-3814 

misnomer  of  the  owner,  or  supposed  owner,  or 
other  mistake  relating  to  the  ownership  thereof,  af- 
fects the  sale,  or  renders  it  void  or  voidable. 

§  3808.  If  any  person  removes  from  one  coun- 
ty to  another,  after  being  assessed  on  personal 
property,  the  Assessor  of  the  county  in  which  he 
was  assessed  may  employ  an  attorney  to  sue  for 
and  collect  the  same  in  the  Assessor's  name;  but 
such  Assessor  shall  not  be  relieved  from  the  pro- 
visions of  this  chapter.  [Amendment  approved 
March  28,  1895;  Stats.  1895,  p.  332.  In  efeect  March 
28,  1895.] 

Tax  suits,  generally:  See  post,  sec.  3899. 

§  3809.  On  the  trial  a  certified  copy  of  the 
assessment,  signed  by  the  Auditor  of  the  county 
where  the  same  was  made,  with  the  affidavit  of 
the-  Collector  thereto  attached,  that  the  tax  has 
not  been  paid,  describing  it  as  on  the  assessment 
book  or  delinquent  list,  is  primary  evidence  that 
such  tax  and  the  per  centum  is  due,  and  entitles 
him  to  judgment,  unless  the  defendant  proves  that 
the  tax  was  paid.     (See  sees.  3788-9.) 

§  3810.  [Repealed  March  28,  1895;  Stats.  1895, 
p.  332.    In  effect  March  28,  1895.] 

§  3811.  [Repealed  March  28.  1895;  Stats.  1895, 
p.  332.     In  effect  immediately.] 

§  3812.  [Repealed  March  28.  1895;  Stats.  1895, 
p.  332.     In  effect  immediately.] 

§  3813.  In  case  property  assessed  for  taxes  is 
purchased  by  the  State,  pursuant  to  provisions  of 
section  three  thousand  seven  hundred  and  seventy- 
one*  of  this  Code,  it  shall  be  assessed  each  sub- 
sequent year  for  taxes  until  a  deed  is  made  to  the 
State  therefor  in  the  same  manner  as  if  it  had  not 
been  so  purchased.  [Amendment  approved  March 
28,  1895;  Stats.  1895,  p.  332.  In  effect  March  28, 
1895.] 

♦Amendment  of  February  25,  1895,  Stats.  1895, 
p.  21,  of  the  same  section  read  "3773"  instead  of 
"3771." 

§  3814.  In  case  an  assessment  is  made  under 
the  provisions  of  section  three  thousand  eight  hun- 
dred and  thirteen  of  this  Code,  and  the  lands  are 


I  §  3815, 3816         Property  Taxes.  79i; 

uot  redeemed  from  a  previous  sale  had  under  sec- 
tion three  thousand  seven  hundred  and  seventy-one, 
as  provided  by  law,  no  sale  shall  be  had  under  the 
assessment  authorized  by  said  section  three  thou- 
sand eight  hundred  and  thirteen.  [Amendment 
approved  March  28,  1895;  Stats.  1895,  p.  332.  In 
effect  immediately.] 

§  3815.  In  case  property  is  sold  to  the  State, 
pursuant  to  section  three  thousand  seven  hundred 
and  seventy-one  of  this  Code,  and  is  subsequently 
assessed  pursuant  to  section  three  thousand  eight 
hundred  and  thirteen  of  this  Code,  no  person  sliall 
be  permitted  to  redeem  from  such  sale,  except  up- 
on payment  of  the  amount  of  such  subsequent  as- 
sessments, costs,  fees,  penalties,  and  interest. 
[Amendment  approved  March  28,  1895;  Stats.  1895, 
p.  332.     In  effect  immediately.] 

Redemption  of  property  sold  to  the  State:  See 
Stats.  1878,  p.  951;  1880,  p.  29  or  9.  Same  for  taxes 
of  1874-75,  see  Stats.  1876,  p.  687. 

§  3816.  Whenever  property  sold  to  the  State, 
pursuant  to  the  provisions  of  this  chapter,  shall  be 
redeemed  as  herein  provided,  the  moneys  received 
on  account  of  such  redemption  shall  be  distributed 
as  follows: 

The  original  and  subsequent  taxes,  and  percent- 
ages, penalty,  and  the  interest  paid  on  redemp- 
tion, shall  be  apportioned  between  the  State  and 
county,  or  city  and  county,  in  the  same  pi'opor- 
tion  that  the  State  rate  bears  to  the  county,  or  city 
and  county  rate  of  taxation;  the  additional  penal- 
ties received  on  account  of  delinquency  together 
with  the  costs  shall  be  paid  into  the  treasury  for 
the  use  and  benefit  of  the  county,  or  city  and  coun- 
ty; the  total  amount  received  for  State  poll  tax 
shall  be  paid  to  the  State,  without  deduction  of 
any  percentages;  tne  amounts  received  for  road  or 
hospital  poll  tax,  and  the  amounts  received  for 
school,  or  road  district,  or  other  taxes,  together 
witli  the  penalties  thereon,  shall  be  paid  into  the 
County  Treasury  and  placed  to  the  credit  of  the 
proper  funds.  The  County  Treasurer  and  Auditor 
sliall  each  keep  an  accurate  account  of  any  and 
all  moneys  received  in  pursuance  of  this  section, 
and  shall  at  the  time  the  Treasurer  is  I'equired  to 
settle  with  the  State,  in  pursuance  of  sections  three 


797  Property  Taxes.  §  3817 

thousand  eight  hnuclred  and  sixty-five,  three  thou- 
sand eight  hundred  and  sixty-six,  and  three  thou- 
sand eight  hundred  and  sixty-eight,  malce  a  de- 
tailed report,  verified  by  their  aflidavit,  of  eacli  ac- 
count, year  for  year,  to  tlie  Controller  of  State,  in 
such  form  as  the  Controller  may  desire.  [Amend- 
ment approved  March  28,  1895;  Stats.  1895,  p.  333. 
In  effect  March  28,  1895.] 

At  the  same  session  there  was  adopted  anoth- 
er section  3816,  reading  as  follows: 

Whenever  property  sold  to  the  State,  pursuant 
to  the  provisions  of  this  chapter,  shall  be  redeem- 
ed as  herein  provided,  the  moneys  received  on  ac- 
count of  such  redemption  shall  be  distributed  as 
follows:  The  original  and  subsequent  taxes,  and 
all  percentages  and  penalties  paid  in  redemption, 
except  as  hereinafter  provided,  shall  be  apportion- 
ed between  the  State  and  county,  in  the  same  pro- 
portion that  the  State  tax  beai-s  to  the  county  tax; 
the  five  per  cent  additional,  and  the  money  receiv- 
ed for  delinquent  poll  tax,  shall  be  paid  to  the 
county;  the  percentage  allowed  for  the  collection 
of  the  delinquent  poll  tax  shall  be  paid  to  the  Col- 
lector, and  the  costs  to  the  parties  entitled  thereto. 
The  County  Treasurer  shall  keep  an  accurate  ac- 
count of  all  money  paid  in  redemption  of  property 
sold  to  the  State,  and  shall,  on  the  first  Monday  of 
June  in  each  year,  make  a  detailed  report,  verified 
by  his  affidavit,  of  each  account,  year  for  year,  to 
the  Controller  of  State,  in  such  form  as  the  Con- 
troller may  desire.  Whenever  the  State  shall  re- 
ceive from  the  Tax  Collector  any  grant  of  propei*- 
ty  so  sold  for  taxes,  the  same  shall  be  recorded,  at 
the  request  of  the  County  Treasurer,  free  of 
charge,  by  the  County  Recorder,  and  shall  be  im- 
mediately reported  by  the  County  Treasurer  to  the 
State  Board  of  Equalization.  [In  effect  Februai'y 
25,  1895.] 

§  3817.  In  all  cases  where  real  estate  has  been 
or  may  hereafter  be  sold  for  delinquent  taxes  to 
the  State,  and  tlie  State  has  not  disposed  of  the 
same,  the  person  whose  estate  has  been  or  may 
hereafter  be  sold,  his  heirs,  executors,  adminis- 
trators, or  other  successors  in  interest,  shall,  at 
any  time  after  the  same  has  been  sold  to  the 
State,  and  before  the  State  shall  have  disposed  of 
the  same,  have  the  right  to  redeem  such  real  es- 


§  3817  Property  Taxes.  798 

tate,  by  paying  to  the  County  Treasurer  of  the 
county  wherein  the  real  estate  may  be  situated, j 
the  amount  of  taxes  due  thereon  at  the  time  of 
said  sale,  with  interest  thereon  at  the  rate  ol 
seven  per  cent  per  annum;  and  also  all  taxes  that 
were  a  lien  upon  said  real  estate  at  the  time  said 
taxes  became  delinquent:  and  also  for  each  year 
since  the  sale  for  Avhich  taxes  on  said  land  have 
not  been  paid,  an  amount  equal  to  the  percentage 
of  taxes  for  that  year  upon  the  value  of  the  real 
estate  as  assessed  for  that  year;  or,  if  not  so  as- 
sessed, then  upon  the  value  of  the  property  as  as- 
sessed in  the  year  nearest  the  time  of  such  redemp- 
tion, with  interest  from  the  first  day  of  July  fol- 
io Aving  each  of  said  years,  respectively,  at  the 
same  rate,  to  tlie  time  of  redemption;  and  also  all 
costs  and  expenses  of  such  redemption,  as  here- 
inafter specified,  and  penalties  as  follows,  to-wit: 
Teu  per  cent,  if  redeemed  within  six  months  from 
the  date  of  sale;  twenty  per  cent,  if  redeemed  with- 
in one  year  therefrom;  forty  per  cent,  if  redeemed 
within  [wo  years  tlierefrom;  sixty  per  cent,  if  re- 
deemed within  three  years  therefrom;  eighty  per 
cent,  if  redeemed  witliin  four  years  therefrom; 
and  one  hundred  per  cent,  if  redeemed  within  five 
or  any  greater  number  of  years  therefrom.  The 
penalty  shall  be  computed  upon  the  amount  of 
each  year's  taxes  in  lilie  manner,  reclioning  from 
tlie  time  when  the  lands  would  have  been  sold  for 
the  taxes  of  that  year,  if  there  had  been  no  pre- 
vious sale  thereof.  The  Countj^  Auditor  shall,  on 
the  application  of  the  person  desiring  to  redeem, 
make  an  estimate  of  the  amount  to  be  paid,  and 
shall  give  him  triplicate  certificates  of  the  amount, 
specifying  the  several  amounts  thereof,  which  cer- 
tificates shall  be  delivered  to  the  County  Treas- 
urer, together-  Avith  the  money,  and  the  County 
I'reasurer  shall  giA^e  triplicate  receipts,  written  or 
indorsed  upon  said  certificates,  to  the  redemption- 
er,  who  shall  deliver  one  of  said  receipts  to  the 
State  Controller,  and  one  to  the  County  Auditor, 
taking  their  receipts  therefor.  The  County  Treas- 
urer shall  settle  for  the  moneys  received  as  for 
other  State  and  county  moneys.  Upon  the  pay- 
ment of  the  money  specified  in  said  certificate,  and 
the  giving  of  the  receipts  aforesaid  by  the  Treas- 
urer, Controller,  and  Auditor,  any  deed  or  certi- 
ficate of  sale  that  may  have  been  made  to  the 


799  Property  Taxes.         §§3818,3819 

State  shall  become  null  and  void,  and  all  right, 
title,  and  interest  acquired  by  the  State,  under  and 
by  virtue  of  the  tax  sale,  shall  cease  and  deter- 
mine. The  receipts  of  the  County  Treasurer,  Con- 
troller, and  County  Auditor  may  be  recorded  in  the 
Recorder's  office  of  the  county  in  which  said  real 
estate  is  situated,  in  the  booli  of  deeds,  and  the 
record  tliereof  shall  have  the  same  eftect  as  that 
of  a  deed  of  reconveyance  of  the  interest  conveyed 
by  such  deed  or  certificate  of  sale.  This  act  shall 
apply  to  State  lands  sold  by  the  State  when  the 
full  amount  of  the  purchase  price  of  one  dollar  and 
twenty-five  cents  per  acre  has  not  been  paid  to 
the  State  therefor,  except  when  the  deed  to  the 
State,  provided  for  in  section  three  thousand  seven 
hundred  and  eighty-five,  has  been  filed  with  the 
Surveyor  General.  [Amendment  approved  April  1, 
1897;  Amendments  1897,  chap,  cclxvii.  In  effect 
immediately.] 

§  3818.  A  partial  redemption  may  be  made  sep- 
arately from  the  whole  assessment,  of  any  lot, 
piece,  or  parcel  of  land  contained  in  any  assess- 
ment, if  such  lot,  piece,  or  parcel  has  a  separate 
valuation  on  the  assessment  roll,  in  the  manner 
following:  In  the  estimate  provided  for  in  the  pre- 
ceding section,  the  Auditor  shall  estimate  the 
amount  of  State  and  county  taxes  due  on  such  lot, 
piece,  or  parcel  of  land,  together  with  a  proper 
proportion  of  the  taxes  due  on  personal  property 
under  such  assessment,  and  of  the  taxes  due  each 
school,  road,  or  lesser  taxation  district;  and  such 
redemption  shall  be  made  in  the  manner  provided 
for  in  the  preceding  section.  The  Recorder  shall 
note,  on  the  margin  of  the  record  of  the  certificate 
of  sale,  a  description  of  the  property  thus  re- 
deemed, and  shall  specifically  set  forth  the  sev- 
eral amounts  of  taxes  paid  upon  such  redemption. 
[New  section  approved  April  1,  1897;  Amendments 
1897,  chap,  cclxvii.    In  effect  immediately.] 

There  was  also  a  section  3838  amended  in  1895, 
Stats.  1895,  p.  334. 

§  3819.  At  any  time  after  the  assessment-book 
has  been  received  by  the  tax-collector,  and  the 
taxes  have  become  payable,  the  owner  of  any 
property  assessed  therein,  who  may  claim  that 
the  assessment  is  void  in  whole  or  in  part,  may 


§  3819  Property  Taxes.  800 

pay  the  same  to  the  tax-collector  under  protest, 
which  protest  shall  be  in  writing,  and  shall  speci- 
fy whether  the  whole  assessment  is  claimed  to  be 
A'oid,  or  if  a  part  only,  what  portion,  and  in  either 
case  the  grounds  upon  which  such  claim  is  found-  • 
ed;  and  when  so  paid  under  protest,  the  payment 
shall  in  no  case  be  regarded  as  voluntary  payment, 
and  such  owner  may  at.  any  time  within  six 
months  after  such  payment  bring  an  action 
against  the  county,  in  the  Superior  Court,  to  re- 
cover baclv  the  tax  so  paid  under  protest;  and  if 
it  shall  be  adjudged  that  the  assessment,  or  the 
part  thereof  referred  to  in  the  protest,  was  void 
on  the  ground  specified  in  the  protest,  judgment 
shall  be  entered  against  such  county  therefor;  pro- 
vided, that  no  assessment  shall  be  declared  void 
on  account  of  deductions  being  made  for  mort- 
gages where  part  payments  have  been  made  and 
not  released  upon  the  record.  On  the  payment  of 
any  such  judgment,  such  part  of  the  tax  reeovei'ed 
thereby  as  may  have  been  paid  by  the  County 
Treasurer  into  the  State  Treasury,  shall  be  regard- 
ed as  an  amount  due  tlie  county  from  the  State; 
and  shall  be  deducted  in  the  next  settlement  had 
by  the  county  with  the  Controller;  such  deduc- 
tions to  be  made  in  the  manner  that  other  deduct- 
ions are  made,  as  provided  in  section  three  thou- 
sand eight  hundred  and  seventy-one  of  this  Code. 
[Amendment  approved  March  28.  1895;  Stats. 
1895,  p.  335.    In  effect  March  28,  1895.] 


Departniont  qf  Public  Instruction 


JA^'2  01903 


ABS'l 


801  Collection  of  Taxes.       §§  3820-3822 


CHAPTER  VIII. 

COLLECTION   OP  TAXES   BY  THE  ASSESSOR  ON   CER- 
TAIN    PERSONAL     PROPERTY. 

§  3820.    When    and    by    whom    taxes    on    personal    property 

collected. 
§  3821.    Assessor    may    collect    such    taxes    by    seizure    and 

sale. 
§  3822.    Mode  of  conducting  such  seizure  and  sale. 
§  3823.    Rate  of  previous  year  governs  amount  of  taxes  col- 
lected. 
§  3824.     Return    of   excess    where    lower   rate    fixed  for  year 

of  collection. 
§  3825.    Collection  of  deficiency  where  higher  rate  is  fixed. 
§  3826.     Monthly   settlement  of  Assessor  with  Auditor. 
§  3827.    Auditor  to  note  the  amount  of  taxes  paid  by  each 

person. 
§  3828.    Auditor    to   note    excesses    or    deficiencies    in    taxes 

paid. 
§  3829.     Compensation    for    collecting     delinquent     personal 

taxes. 
§  3830.    Present  incumbents  to  discharge  duties  of  Assessor  . 
§  3831.    Liability  of  Assessors. 

§  3820.  The  Assessor  must  collect  the  taxes  on 
all  property  when,  in  his  opinion,  said  taxes  are 
not  a  lieu  upon  real  property  suthcient  to  secure 
the  payment  of  the  taxes.  The  taxes  on  all  as- 
stssments  of  possession  of,  claim  to,  oi-  i- 
possession  of  land,  shall  be  immediately  due  and 
payable  upon  assessment,  and  shall  be  collected 
by  the  Assessor  as  provided  in  this  chapter. 
[Amendment  approved  April  1,  1897;  Amendments 
1897,  chap,  cclxvii.     In  effect  immediately.! 

§  3821.  In  the  case  provided  for  in  the  preced- 
iuj:;  section,  at  the  time  of  making  the  assessment, 
or  at  any  time  before  the  third  Monday  of  July, 
the  As.sessor  may  collect  the  taxes  by  seizure  and 
sale  of  any  personal  property  owned  by  the  per- 
son against  whom  the  tax  is  assessed.  [Amend- 
ment approved  April  1,  1897;  Amendments  1897, 
chap,  cclxvii.     In  effect  immediately.] 

§  3822.  The  provisions  of  sections  3791,  3792. 
3793,  3794,  3795.  and  379G  apply  to  such  seizure 
and  sale. 


§§  3823-3820      Collection  of  Taxes.  802 

§  3823.  The  Assessor  shall  be  governed  as  to 
the  amount  of  taxes  to  be  collected  upon  personal 
property  by  the  State  and  county  rate  for  the  pre- 
vious year.  [Amendment  apprcTved  March  28, 
1895;  Stats.  1895,  p.  335.     In  effect  immediately.] 

§  3824.  When  the  rate  is  fixed  for  the  year  in 
which  such  collection  is  made,  then,  if  a  sum  In 
excess  of  the  rate  has  been  collected,  such  excess 
shall  not  be  apportioned  to  the  State,  but  the 
"Whole  thereof  shall  remain  in  the  County  Treas- 
ury, and  must  be  repaid  by  the  County  Treasurer 
to  the  person  from  whom  the  collection  was  made, 
or  to  his  assignee,  on  demand  therefor.  [Amend- 
ment approved  March  10.  1885.  In  effect  March 
10,  1885.] 

§  3825.  If  a  sum  less  than  the  rate  fixed  has 
been  collected,  the  deficiency  must  be  collected  by 
the  Tax  Collector  as  other  taxes  on  real  and  per- 
sonal property  are  collected.  [Amendment  ap- 
proved April  1,  1897;  Amendments  1897,  chap, 
cclxvii.    In  effect  immediately.] 

§  3826.  The  Assessor,  on  the  first  Monday  in 
each  month,  must  make  a  settlement  with  the 
Auditor,  and  must  pay  into  the  County  Treasury 
all  moneys  collected  by  him  for  such  taxes  during 
the  preceding  month.  [Amendment  approved 
March  28,  1895;  Stats.  1895,  p.  335.  In  effect  im- 
mediately.] 

§  3827.  The  Auditor  must,  as  soon  as  the  "as- 
sessment book"  for  the  year  comes  into  his  hands, 
note  opposite  the  names  of  each  person  from  whom 
taxes  have  been  collected  the  amount  thereof. 

§  3828.  As  soon  as  the  rate  of  taxation  for  the 
year  is  fixed,  the  Ai:ditor  must  note,  in  connection 
with  the  entry  made  under  the  provisions  of  the 
preceding  section,  the  amount  of  the  excess  or  de- 
ficiency. 

§  3829.  For  services  rendered  in  the  collection 
of  taxes  under  section  three  thousand  eight  hun- 
dred and  twenty,  the  Assessors-  of  the  several 
counties,  or  cities  and  counties,  shall  receive  such 
compensation  as  the  act  governing  salaries  of 
county   oflicers    may    provide.      [Amendment   ap- 


803  Collection  of  Taxes.      §§  3830,  3831 

proved  March  28,  1895;  Stats.  1895,  p.  335.     In  ef- 
fect immediately.] 

§  3830.  [Repealed  March  28,  1895;  Stats.  1895, 
p.  336.    In  effect  March  28,  1895.] 

§  3831.  Within  fifteen  days  after  the  first  Mon- 
day in  August  of  each  year,  the  Auditor  of  the 
county,  or  city  and  county,  must  make  a  careful 
examination  of  the  assessment-book  or  boolis  of 
the  county,  or  city  and  county,  and  ascertain  there- 
from the  amount  or  amounts  of  all  taxes  that 
should  have  been  collected  by  the  Assessor  in 
pursuance  of  this  chapter,  and  which  have  not 
been  collected.  He  must  then  state  an  account  to 
the  Assessor,  and  demand  from  him  that  the 
amount,  or  amounts,  so  remaining  uncollected 
shall  be  paid  into  the  County  Treasury  within  fif- 
teen days  from  the  date  of  said  demand.  If  at 
the  expiration  of  said  time,  -the  Assessor  has  not 
settled  for  and  paid  said  amount,  or  amounts,  in- 
to the  Treasury  as  aforesaid,  the  District  Attor- 
ney must  commence  an  action  in  the  proper  court 
against  the  Assessor  and  his  bondsmen,  for  the 
recovery  of  said  amount  or  amoimts  so  remaining 
uncollected;  and  upon  the  trial  of  such  action  no 
defense  shall  be  admissible,  except  that  the  as- 
sessment or  assessments  are  illegal,  invalid,  or 
void.  [New  section  approved  March  28,  1895; 
Stats.  1895,  p.  33(j.     In  effect  March  28,  1895.] 


§  3839  Poll  Taxes.  S04 

CHAPTEK  IX. 
POLL    TAXES. 

§  3839.    Persons  liable  to  poll  tax. 

§  3840.    Period   for   collection   of  poll   taxes  by  Assessors. 

§  3841.  Blank  poll  tax  receipts  must  be  ordered  printed  for 
County  Treasurer. 

§  3842.    Style  of  blank  to  be  changed  each  year. 

§  3843.  County  Treasurer's  duties  in  relation  to  poll  tax 
blanks. 

§  3844.  Auditor  to  sign  blank  receipts,  and  make  entry  of 
number  signed. 

§  3845.    Blanks   to  be  delivered  to  and  charged  Assessor. 

§  3843.  Poll  tax  may  be  collected  by  seizure  and  sale  of 
personal   property. 

§  3847.    Mode  of  conducting  such  seizure  and  sale. 

§  3848.  Debtors  of  persons  owing  poll  tax  to  pay  poll  tax 
for  such  persons. 

§  3849.  What  officers  are  debtors  under  the  preceding  sec- 
tion. 

§  3850.  Debtor  may  charge  his  creditor  for  such  poll  tax 
paid. 

§  3851.  Receipt  for  poll  tax  delivered  to  purchaser  of  prop- 
erty sold  for  such  tax,  or  to  person  paying  the 
same. 

§  3852.    Receipt  only  evidence  of  payment. 

§  3853.  Monthly  settlement  of  Assessor  with  Auditor  for 
poll  taxes,  and  payment  into  County  Treasurer's 
office. 

§  3854.  Assessor's  yearly  final  settlement  with  Auditor  and 
Treasurer  for  poll   taxes. 

§  3855.  Auditor  to  return  receipts  not  used  to  the  Treas- 
urer. 

§  3856.  Treasurer  to  credit  Auditor  with  such  receipts,  and 
seal  and  keep  them. 

§  3857.  Assessor  to  keep  a  roll  of  persons  liable  for  poll 
tax,  and  of  payments  and  delinquents. 

§  3858.  Proceedings  of  Auditor  when  such  roll  returned  to 
him. 

§  3859.  Assessor  to  note  on  assessment  roll  persons  refus- 
ing to  pay  poll  tax.     (Repealed.) 

§  3S60.  Unpaid  poll  tax,  with  percentage,  a  lien  on  prop- 
erty of  delinquent. 

§  3861.  Proceeds  of  poll  tax  paid  to  County  Treasurer  for 
sole  use  of  State  School  Fund. 

§  3862.  Compensation  allowed  to  Assessor  and  Collector  for 
collecting  such  tax. 

§  3839.    Every   male  iuhabitaiit   of  this    State, 
over  twenty-one  and  under  sixty  years  of  age,  ex- 


805  Poll  Taxes.  §§  3840-3848 

cept  paupers,  insane  persons,  and  Indians  not 
taxed,  must  annually  pay  a  poll  tax  of  two  dol- 
lars; provided,  the  same  be  paid  between  the  first 
Monday  in  March  and  the  first  Monday  in  July; 
but  if  not  paid  prior  to  the  first  Monday  in  July, 
then  it  shall  be  three  dollars;  provided,  further, 
that  nothing  herein  shall  affect  any  laws  imposing 
a  greater  poll  tax  upon  inhabitants  ineligible  to 
citizenship.  [Aniendment  approved  March  22, 
1880;  Amendments  1880,  p.  17.  In  effect  March  22, 
1880.] 

Section  conforms  to  Const.  Cal.  1879,  art.  13, 
sec.  12. 

Exemption  of  firemen  in  certain  counties:  See 
post.  Appendix,  p.  1029. 

§  3840.  Poll  tax  must  be  collected  by  the  Asses- 
(Sors  between  the  first  Monday  in  March  and  the 
ilast  Monday  in  December  of  the  same  year. 
[[Amendment  approved  March  28,  1895;  Stats.  1895, 
jip.  386.    In  effect  immediately.] 

§  3841.  The  County  Treasurer  must,  before  the 
first  ^londay  in  March  and  the  first  Monday  in 
fJuly  of  each  year,  cause  to  be  printed,  respective- 
ly, two  and  three-dollar  blaidc  poll  tax  receipts,  in 
boolv  form,  witli  stubs  numbered  tlie  same  as  the 
■receipts,  of  one  hundred  in  eacli  boolv,  a  suflicient 
number  for  the  use  of  tlie  Assessor.  The  stubs 
slijill  have  a  line  for  the  name  of  the  poll  tax 
payer,  his  age,  residence,  occupation,  by  whom  em- 
tl»l()yod,  and  the  name  of  the  deputy  collecting  the 
lax.  [x\mendment  approved  Marcli  28,  1895; 
Stilts.  1895,  p.  33G.     In  effect  immediately.] 

^  3842.  The  style  of  sucli  blanlvs  must  be 
•li.iiiged  every  year. 

S  3843.  The  Treasurer  must,  before  the  third 
.M<iii(lay  in  February  of  eacli  year: 

I  i  1st— Number  and  sign  tlie  two-dollar  blanks. 
mkI  1)efore  the  first  Monday  in  July,  number  and 
-iiiii  the  three-dollar  blanl^s. 

Second— At  the  time  of  signing  make  an  entrv 
if  1Iie  uiiole  number  thereof,  and  of  the  first  and 
List  nuud)er  placed  thereon,  in  a  book  kept  for 
iliiit  purpose. 

'i'iiird— Deliver  all  such  blanks  to  the  Auditor. 
I  mi  ciiarge  him  therewith.  [Amendment  ap- 
Pol.  Code— OS. 


§§  3844-3850  Poll  Taxes.  80<] 

proved  April  1,  1897;  Amendments     1897,     chap, 
cclxvii.     lu  effect  immediately.] 

§  3844.  The  Auditor  upon  the  receipt  thereof 
must  sign  the  same,  and  malie  in  a  book  to  be 
kept  by  him'  for  that  purpose  a  similar  entry  to 
that  prescribed  in  subdivision  2  of  the  preceding 
section. 

§  3845.  He  must,  at  any  time  after  the  third 
Monday  in  February,  and  the  first  Monday  in  July, 
upon  demand,  deliver  to  the  Assessor,  in  their  or- 
der, the  two  and  three-dollar  blanks  and  charge 
him  therewith.  [Amendment  approved  April  1, 
1897;  Amendments  1897,  chap,  cclxvii.  In  effect 
immediately.] 

§  3846.  The  Assessor  must  demand  payment 
[of]  poll  tax  of  every  person  liable  therefor,  and 
on  the  neglect  or  refusal  of  such  person  to  pay  the 
same,  he  must  collect  by  seizure  and  sale  of  any 
personal  property  owned  by  such  person.  [Amend- 
ment approved  March  30,  1874;  Amendments  1873- 
4,  p.  162.    In  effect  March  30,  1874.] 

§  3847.  The  sale  may  be  made  after  three 
hours'  verbal  notice  of  time  and  place,  and  the 
provisions  of  sections  thirty-seven  hundred  and 
ninety-one,  thirty-seven  hundred  and  ninety-three, 
thirty-seven  hundred  and  ninety-four,  thirty- 
seven  hundred  and  ninety-five,  and  thirty-seven 
hundred  and  ninety-six,  apply  to  such  seizvire  and 
sale.  [Amendment  approved  INIarch  30,  1874; 
Amendments  1873-4,  p.  162.  In  effect  March  30, 
1874.] 

§  3848.  Ever.v  person  indebted  to  one  who  neg- 
lects or  refuses,  after  demand,  to  pay  a  poll  tax. 
becomes  liable  therefor,  and  must  pay  the  same 
for  such  other  person  after  service  upon  him  by 
the  Collector  of  a  notice  in  writing,  stating  the 
name  of  such  person. 

§  3849.  Every  officer  authorized  to  draw  the 
warrants  for  or  to  pay  the  salary  or  fees  of  any 
officer  is  the  debtor  of  sucli  officer  within  the 
meaning  of  the  preceding  section. 

§  3850.  Every  person  paying  the  poll  tax  of  an- 
other may  deduct  the  same  from  any  indebtedness 
to  such  other  person. 


807  Poll  Taxes.  §§  3851-3857 

§  3851.  The  Assessor  must  deliver  the  poll  tax 
receipt,  filled  out  with  the  name  of  the  person  ow- 
ing the  taxes,  to  the  purchaser  of  property  at  any 
such  sale;  in  other  cases  he  must  deliver  it,  filled 
out  in.  lilie  manner,  to  the  person  paying  the  tax. 

§  3852.  The  receipt  so  delivered  is  the  only  evi- 
dence of  payment. 

§  3853.  On  the  first  Monday  in  each  month  the 
Assessor  must  malve  oath,  before  the  Auditor,  of 
the  total  amount  of  poll  taxes  collected  by  him 
during  the  last  preceding  month,  and  must,  at 
the  same  time,  settle  with  the  Auditor  for  the 
same,  and  pay  into  the  County  Treasurer's  oflice 
the  total  amount  of  poll  taxes  collected,  less  the 
l^ercentum  allowed  for  fees. 

§  3854.  On  the  first  Monday  in  July,  the  As- 
sessor must  return  to  the  Auditor  all  two-dollar 
blank  poll  tax  receipts  received  by  him  and  not 
used,  and  pay  to  the  Treasurer  the  total  amount 
collected  and  not  before  paid  in,  less  the  amount 
of  his  fees,  and  the  Auditor  must  deliver  to  him 
the  three-dollar  receipts;  and  on  the  last  Mon- 
day in  December  of  each  year,  he  must  return 
to  the  Auditor  all  three-dollar  poll  tax  receipts 
received  by  him  and  not  used,  and  must  make 
final  settlement  with  the  Auditor  and  Treasurer 
therefor.  [Amendment  approved  March  28,  1895; 
Stats.  1895,  p.  33G.     In  effect  immediately.] 

§  3855.  The  Auditor  must,  as  soon  as  the  set- 
tlement is  made,  return  to  the  Treasurer  the  re- 
ceipts not  used. 

§  3856.  The  Treasurer  must  credit  the  Auditor 
with  the  receipts  so  returned,  and  must  thereupon 
seal  them  up  securely  and  deposit  and  keep  them 
in  his  office. 

§  3857.  The  Assessor  must  keep  a  roll  of  the 
names  and  local  residence,  or  place  of  business,  of 
all  persons  subject  to  or  liable  for  poll  tax,  and,  if 
paid,  date  and  amount  of  each  payment,  and.  if 
not  paid,  cause  of  non-payment;  provided,  that  no 
person  shall  be  returned  as  delinquent  on  such 
roll  unless  a  demand  has  been  made  upon  him  in 
person  or  througli  the  postoftice.     [Amendment  ap- 


§§  3858-3862  Poll  Taxes.  8(is 

proved  April  1,  1878;  Amendments  1877-8,  p.  69. 
In  effect  in  sixty  days.] 

§  3858.  On  the  first  Monday  in  January  of  each 
year,  the  Assessor  must  deliver  to  the  Auditor  the 
roll  so  made  up,  and  the  Auditor  must  add  to  the 
total  poll  tax  delinquent  on  such  roll  thirty-three 
and  one-third  per  centum  additional,  and  without 
delay  deliver  such  list  to  the  Tax  Collector,  and 
charge  the  Collector  therewith.  [Amendment  ap- 
proved April  1,  1897;  Amendments  1897,  chap, 
cclxvii.     In  effect  immediately.] 

§  3859.  Section  three  thousand  eight  hundred 
and  tiftv-niue  is  herebA'  repealed.  [Repealed 
March  :J0,  1874;  Amendments  1873-4,  p.  164.  In 
effect  March  30,  1874.] 

§  3860.  If  any  person,  assessed  for  a  property 
tax.  has  not  paid  to  the  Assessor  the  poll  tax  due 
from  him,  or  for  which  he  is  liable,  it,  with  thir- 
ty-three and  one-third  per  cent  in  addition  thereto, 
constitutes  a  lien  upon  the  property  assessed  to 
such  person,  to  attach  from  the  first  Monday  in 
March  in  each  year,  and  must  be  collected  in  the 
same  manner  and  at  the  same  time  as  delinquent 
taxes  are  collected.  [Amendment  approved  March 
30,  1874;  Amendments  1873-4.  p.  164.  In  effect 
March  30,  1874.] 

§  3861.  The  proceeds  of  the  poll  tax  must  be 
paid  to  the  County  Treasurer,  as  provided  by  law, 
for  the  exclusive  use  of  the  State  School  Fund, 
and  shall,  by  such  Treasurer,  be  paid  to  the  State 
as  other  moneys  belonging  to  the  State.  [Amend- 
ment approved  March  22.  1880:  Amendments  1880, 
p.  17.     In  effect  March  22,  1880.] 

§  3862.  The  Assessor,  for  services  rendered  in 
the  collection  of  poll  taxes,  shall  receive  the  sum 
of  fifteen  per  cent;  and  the  Collector,  for  services 
rendered  in  the  collection  of  poll  taxes  on  the  de- 
linquent list  'including  the  publication),  shall  re- 
ceive the  sum  of  twenty-five  per  cent  on  all  de- 
linquent poll  tax  collected  by  him.  [Amendment 
approved  March  28,  1878;  Amendments  1877-8.  p. 
70.     In  effect  March  28,  1878.] 


B09  Settlements  and  Payments.  §§  3865,3866 


CHAPTER  X. 

SETTLEMENTS    WITH    THE    CONTROLLER    AND    PAY- 
MENTS   INTO    THE    STATE    TREASURY. 

§  3865.  County  Treasurers  to  settle  with  Controller  for, 
and  pay  over  to  the  Treasurer,  upon  their  order, 
all   State   moneys   on   hand. 

§  38G6.  Time  when  certain  Treasurers  shall  make  settle- 
ments.     Deferred    settlements. 

§  3867.     Penalty  imposed  on  Treasurers  neglecting  to  settle. 

§  3868.     Report  of  County  Auditors  to  Controller. 

§  3869.  Auditor  to  send  report  to  State  Controller  and 
County   Treasurer. 

§  3870.  Penalty  for  failure  of  Auditor  to  make  or  trans- 
mit report. 

I  3871.     Deductions  by  Controller  on  settlement. 

§  3872.     Manner   of   making   payments   into    State   Treasury. 

§  3873.  Controller's  statement  on  A-uditor's  report  and  re- 
turn of  copy  thereof. 

§  3874.  County  Treasurer  to  file  with  Auditor  such  returned 
copy. 

§  3875.    Auditor   to   make   certain   entries. 

§  3876.     Rate  of  mileage  allowed  Treasurer. 

§  3877.  Controller  may  examine  books  of  any  revenue 
officer. 

§  3878.  Directing  prosecution  of  delinquent  revenue  offi- 
cers for  fraudulent  or  other  misconduct. 

§  3879.  Controller  may  designate  county  in  which  such 
proceeding  shall  he  had. 

§  3880.  Special  counsel  may  be  employed;  provision  for  ex- 
penses. 

§  3865.  The  Treasurers  of  the  respective  coun- 
ties must  at  auy  time,  upon  the  order  of  the  Con- 
troller and  Treasurer  of  State,  settle  with  the 
Controller,  and  pay  over  to  the  Treasurer  all 
moneys  in  their  possession  belonging  to  the  State. 

Basis  of  section:   Stats.   1870,  p.  423. 

§  3866.  The  Treasurers  of  all  the  counties  or 
cities  and  counties  of  tliis  State  must,  between 
the  tifteentli  and  tliirtietli  days  of  December  and 
May  of  each  year,  proceed  to  the  State  capitol  and 
settle  in  full  vrith  the  Controller  of  State,  and  pay 
over  in  cash  to  the  Treasurer  of  State,  all  funds 
belonging  to  the  State  whicli  have  come  into  their 
hands,  as  County  Treasurers,  before  the  close  of 
business  on   and    including   the   first   Monday   of 


§  3866         Settlements  and   Payments.  810 

said  months,  except  principal  and  interest  received 
on  account  of  State  school  lands,  which  shall  only 
be  settled  lor  up  to  and  including  the  last  day  of 
the  month  prior  to  the  month  of  settlement;  pro- 
vided, that  the  Controller  of  State  shall,  on  or  be- 
fore the  fifteenth  day  of  the  month  in  which  set- 
tlement is  to  be  made,  notify  the  Treasurer  of 
each  county  the  amount  of  State  school  money 
which  will  be  due  the  State  from  his  county  in  the 
then  pending  settlement;  "^the  County  Treasurer 
shall  thereupon  and  thereby  be  authorized  to  re- 
tain in  the  treasury  of.  his  county  the  said  amount 
of  State  school  money,  and  shall,  at  the  time  of 
paying  over,  in  cash,  to  the  Treasurer  of  State, 
all  other  funds  belonging  to  the  State  which  have 
come  into  his  hands  as  County  Treasurer,  as  afore- 
said, file  with  the  Treasurer  of  State  his  certifi- 
cate, stating  the  amount  so  retained;  and  the  said 
certificate  shall,  for  all  purposes,  be  deemed  and 
counted  as  cash  in  the  State  Treasury  to  the 
amount  therein  stated,  and  shall  be  so  accepted  by 
each  County  Treasurer  on  the  payment  of  the  ap- 
portionment of  scliool  moneys  due  his  county. 
On  the  maliing  of  the  apportionment  of  school 
moneys  due  to  the  respective  counties  and  cities 
and  counties,  if  there  shall  be  a  balance  due  the 
county,  the  Treasurer  of  State  shall  immediately 
pay  the  same,  and  if  there  shall  be  a  balance  due 
the  State  the  County  Treasurer  shg,ll  immediately 
pay  the  same  into  the  State  Treasury.  If,  in  the 
opinion  of  the  Controller  of  State,  it  appears  from 
the  report  of  the  County  Auditor  that  sufficient 
property  tax  has  not  been  collected  to  make  it  for 
the  interest  of  the  State  that  a  settlement  should 
be  made,  the  Controller  shall  defer  the  settlement 
until  the  next  regular  settlement.  No  mileage,  fees, 
or  commissions  shall  be  allowed  any  officer  for 
any  deferred  settlement;  provided,  that  in  case, 
any  settlement  is  so  deferred,  the  County  Auditor, 
in  his  riext  report  to  the  Controller  of  State,  shal 
include  therein  all  moneys  required  to  be  reportec 
since  the  date  of  his  last  report  upon  which  a  set- 
tlement was  made.  [Amendment  approved  Feb- 
ruary 28,  1893;  Stats.  ls<J3,  p.  56.  In  effect  immf 
diately.] 

This  section  was  also  amended  in  1891:  Stats. 
1891,  p.  450. 
Act  authorizing  State  Treasurer  to  receive  r< 


811  Settlements  and  Payments.  §§  3867-3871 

ceipts  from     County  Treasurer:     See     post,  Ap- 
pendix, p.  1067. 

§  3867.  Every  County  Treasurer  who  neglects 
or  refuses  to  appear  at  the  office  of  the  Controller 
and  Treasurer  at  the  times  specified  in  this  chap- 
ter, and  then  and  there  to  settle  and  make  pay- 
ment as  required  by  this  chapter,  shall  forfeit  to 
the  State  of  California  one  thousand  dollars,  to  be 
recovered  in  an  action  brought  by  the  Attorney 
General  in  the  name  of  the  Controller.  [Amend- 
ment approved  March  2S,  1895;  Stats.  1895,  p.  337. 
In  etfect  immediately.] 

Basis  of  section:  Stats.  1870,  p.  423. 

§  3868.  The  Auditor  of  each  county,  between 
the  first  and  tenth  day  of  each  month  in  which 
the  Treasurer  of  his  County  is  required  to  settle 
with  the  Controller,  must  make,  in  duplicate,  and 
verify  by  his  affidavit,  a  report  to  the  Controller 
of  State,  in  such  form  as  the  Controller  may  de- 
sire, showing  specifically  the  amount  due  the 
State  from  each  particular  source  of  revenue  at 
the  close  of  business  on  and  including  the  first 
Monday  of  the  month  in  which  settlement  is  re- 
quired, except  principal  and  interest  received  on 
account  of  State  school  lands,  which  shall  be  re- 
ported up  to  the  end  of  the  previous  month. 
[Amendment  approved  February  28,  1893;  Stats. 
1893,  p.  55.     In  effect  immediately.] 

§  3869.  The  Auditor  must  at  once  transmit  by 
mail  or  express  to  the  Controller  one  copy  of  the 
report,  and  must  deliver  the  other  copy  to  the 
Treasurer  of  his  county. 

§  3870.  Every  Auditor  who  fails  or  refuses  to 
make  and  transmit  the  report  required  by  this 
chapter,  or  any  report  or  statement  required  by 
this  title,  forfeits  to  the  State  of  California  one 
thousand  dollars,  to  be  recovered  in  an  action 
brought  by  the  Attorney  General  in  the  name  of 
the  Controller.  [Amendment  approved  March  28, 
1895;  Stats.  1895,  p.  337.    In  effect  immediately.] 

§  3871.  In  the  settlement,  the  Controller  must 
deduct  the  mileage  allowed  to  the  County  Treasur- 
er in  making  settlement,  the  State's  portion  of  the 
repayments  made  xmder     section  three  thousand 


§§  3872-3878  Settlements  and  Payments.  812 

eight  hundred  and  twenty-four,  the  State's  portion 
of  all  amounts  refunded  uuder  section  three  thou- 
sand eight  hundred  and  four,  and  any  other 
amounts  due  the  county,  or  city  and  county. 
[Amendment  approved  March  28,  1S95;  Stats.  1895, 
p.  337.  In  effect  immediately.] 
Basis  of  section:  Stats.  1870,  p.  423. 

§  3872.  The  manner  of  making  payments  into 
the  State  Treasury  is  prescribed  by  sections  433, 
434,  452,  and  453  of  this  Code. 

§  3873.  The  Controller  must,  after  the  Treas- 
urer has  made  settlement  and  payment,  enter  up- 
on each  copy  of  the  Auditor's  report  a  statement 
showing: 

1.  The  amount  of  money  by  the  County  Treas- 
urer paid  into  the  State  Treasury. 

2.  The  amounts  authorized  to  be  deducted  un- 
der section  three  thousand  eight  hundred  and 
seventy-one. 

And  must  then  return  one  copy  of  the  report  to 
the  Countv  Treasurer.  [Amendment  approved 
March  2S,  1895;  Stats.  1895,  p.  337.  In  effect  im- 
mediately.] 

Basis  of  section:  Stats.  1870,  p.  423. 

§  3874.  The  County  Ti-ea surer  must  file  with 
the  Auditor  of  his  county  the  copy  returned  to 
him  by  the  Controller. 

§  3875.    The  Auditor  must  then  make  the  proper 
entries  in  l^is  account  Avith  the  Treasurer. 
Basis  of  section:  Stats.  1870,  p.  423. 

§  3876.  The  Controller  must,  in  the  settlement, 
allow  the  Treasurer  for  mileage  at  the  rate  of  for- 
ty cents  per  mile  from  the  county  seat  to  the  cap- 
ital; such  mileage  not  to  exceed  at  any  settlement 
one  hundred  dollars. 

§  3877.  The  Controller  may  examine  the  books 
of  any  officer  charged  with  the  collection  and  re- 
ceipt of  State  taxes. 

§  3878.  If  he  believes  any  officer  has  been  guil- 
ty of  defrauding  the  State  of  revenue,  or  has  neg- 
lected or  refused  to  perform  any  duty  relating  to 


813  Settlemeuts  and  Payments.  §§  3879,  3880 

the  revenue,  he  must  direct  the  Attorney  General, 
or  other  counsel,  to  prosecute  the  delinquent. 
L Amendment  approved  March  28,  1895;  Stats. 
.1895,  p.  337.     In  effect  immediately.] 

§  3879.  When  any  law  in  relation  to  the  rev- 
enue of  the  State  has  been  so  far  violated  as  to 
require  the  prosecution  of  the  offender  for  a  crim- 
inal offense,  or  proceedings  against  him  by  civil 
action,  the  Controller  may  designate  the  county  in 
Avliich  the  prosecution  or  proceeding  may  be  had. 

§  3880.  The  Controller  or  Attorney  General 
may  employ  other  counsel  than  the  District  Attor- 
ney, and  the  expenses  must  be  audited  by  the 
Board  of  Examiners  and  be  paid  out  of  the  State 
Treasury. 


§  3881       Miscellaneous  Provisions.  814 

CHAPTER  XI. 

MISCELLANEOUS      PROVISIONS. 

§  3881.    Defects,  etc.,  in  form  of  assessment  books,  may  be 
supplied   or   corrected     with     written     consent   of 
People's  Attorney. 
§  3882.     Omissions,     etc.,     in     delinquent     lists,     how     cor- 
rected. 
§  3883.    Publication  of  corrected  delinquent  lists,  etc. 
§  3884.    Initial    letters,    abbreviations,    and    figures    may   be 

used  in  certain  cases. 
§  3885.    No  assessment  illegal  on  account  of  informality  or 

delay  of  completion. 
§  3886.    Fines,    forfeitures   and   penalties    paid    into    County 

Treasury. 
§  3887.    Who  liable  for  taxes  on  mortgaged  or  pledged  per- 
sonal or  real  estate  property. 
§  3888.    Taxes  payable   only  in  gold   or  silver  coin;   excep- 
tion. 
I  3889.    Annual    settlements    of    Assessors,    District    Attor- 

nej's  and  Treasurers  with  Auditor. 
§  3890.     OflBcers    to    perform   only   the    duties    pertaining    to 

their   own   offices. 
§  3891.    When  this  title  takes  effect. 
§  3892.    Saving  clause. 
§  3893.    Compensation    of    Assessor    and    Auditor    for    extra 

services. 
§  3894.    Deputies   for   Assessors. 
§  3895.     Compensation    of   Deputies. 

§  3896.     State    Board    may    dispense    with    duplicate    assess- 
ment book. 
§  3897.    Action    to    recover   lands    sold   to    State   for     taxes. 

Sale  of  property  so  recovered. 
§  3898.    Disposition  of  proceeds  of  such  sales.  .  Expenses  of 

recovery  and  sale. 
§  3899.    When  delinquent  tax  is  three  hundred  dollars,  after 
single  offer  of  property  for     sale,     suit    may     be 
brought. 
§  3900.     Form    of    complaint    in    such    cases.      Attachment, 
judgment,  evidence.     Subsequent  payment. 

§  3881.  Omissions,  errors,  or  defects  in  form  in 
any  assessment-book,  when  it  can  be  ascertained 
therefrom  what  was  intended,  may,  with  the  writ- 
ten consent  of  the  District  Attorney,  be  supplied 
or  corrected  by  the  Assessor  at  any  time  prior  to 
the  sale  for  delinquent  taxes,  after  the  assessment 
was  made.  In  the  city  and  county  of  San  Fran- 
cisco the  written  con.sent  of  the  City  and  Coun- 


815  Miscellaueous   I'rovisions.    §§  3S82-388S 

ty  Attorney  shall  have  the  same  force  and  effect 
as  the  written  consent  of  the  District  Attorney, 
[Amendment  approved  Marcli  28,  1895;  Stats. 
1895,  p.  337.     In  effect  immediately.] 

Assessment  book— original,  sec.  3650;  duplicate, 
sec.  3732. 

Revenue  Validating  Statutes— Time  of  sale  for 
delinquent  taxes  in  1874  not  to  affect  validity, 
Stats.  1874,  p.  140.  Assessments  of  1872  and  1873, 
validated.  Stats.  1874,  p.  749.  Proceedings  of  1873 
and  1874  legalized.  Stats.  1874,  p.  832.  Rate  and 
levy  in  San  Diego  confirmed.  Stats.  1876,  p.  390. 

§  3882.  When  the  omission,  error,  or  defect 
has  been  carried  into  a  delinquent  list  or  any  pub- 
lication, the  list  or  publication  may  be  republished 
as  amended,  or  notice  of  the  correction  may  be 
given  in  a  supplementary  publication. 

§  3883.  The  publication  must  be  made  in  the 
same  manner  as  the  original  publication,  and  for 
not  less  than  one  week. 

§  3884.  In  tlie  assessment  of  land,  advertise- 
ment and  sale  thereof  for  taxes,  initial  letters,  ab- 
breviations and  figures  may  be  used  to  designate 
the  township,  range,  section  or  parts  of  section. 

§  3885.  No  assessment  or  act  relating  to  assess- 
ment or  collection  of  taxes  is  illegal  on  account  of 
informality,  nor  because  the  same  was  not  com- 
pleted within  the  time  required  by  law. 

§  3886.  Repealed.  [Repealed  March  28.  1895; 
Stats.  1895,  p.  338.     In  effect  March  28,  1895.] 

§  3887.  Repealed.  [Repealed  ]March  22.  1880. 
amendments  1880,  p.  17.  In  effect  March  22,  1880; 
see  sec.  3680.] 

§  3888.  Taxes  must  be  paid  in  the  lawful 
money  of  the  United  States.  A  tax  levied  for  a 
special  purpose  may  be  paid  in  such  funds  as  may 
be  directed.  [Amendment  approved  March  28. 
1895;  Stats.  1895,  p.  338.    In  effect  March  28,  1895.] 


§§  3889-3894    Miscellaneous  Provisions.  816 

Legal  tender  notes— to  be  received  at  par  for 
taxes,  Stats.  1880,  p.  28  or  8. 

§  3S89.  Every  Assessor,  District  Attorney  and 
County  Treasurer  must  annually,  on  the  first  Mon- 
day of  January,  make  a  settlement  with  the 
County  Auditor  of  all  transactions  connected  with 
the  revenue  for  the  previous  year. 

§  3890.  The  Treasurer,  Tax  Collector,  Assessor, 
Clerk  of  the  Board  of  Supervisors  and  each  mem- 
ber of  the  board  must  separately  perform  the  du- 
ties required  of  him  in  his  oftice,  and  must  not, 
except  in  the  cases  provided  by  law,  perform  the 
duties  required  of  anv  other  officer  under  this 
title. 

§  3891.  With  relation  to  the  Acts  passed  at  the 
present  session  of  the  Legislature,  the  provisions  of 
this  Title  must,  after  this  Title talces  effect,  be  con- 
strued as  though  this  Code  had  been  passed  and 
approved  on  the  last  day  of  the  present  session. 
But  the  provisions  of  this  section  do  not  apply  to 
any  Act  expressly  amendatory  of  either  of  the 
Codes,  or  putting  into  eftect  any  part  of  either; 
nor  to  an  Act  approved  March  sixteenth,  eighteen 
hundred  and  se-^-enty-two,  entitled  an  act  to  put 
into  immediate  effect  certain  parts  of  the  Poli- 
tical and  Penal  Codes;  nor  to  an  Act  approved 
Marcli  twenty-second,  eighteen  hundred  and 
seventy-two,  entitled  an  Act  to  put  into  effect  cer- 
tain parts  of  the  Codes  and  provide  for  their  pub- 
lication. 

§  3892.  All  taxes  assessed  before  this  Code 
takes  effect  must  be  collected  under  the  laws  in 
force  at  the  time  the  assessment  was  made,  and 
in  tlie  same  manner  as  if  this  Code  had  not  been 
passed. 

§  3893.  Repealed.  [Repealed  March  28,  1895; 
Stats.  1895,  p.  338.     In  effect  immediately.] 

§  3894.  Section  three  thousand  eight  hundx'ed 
and  ninety-four  is  herebv  repealed.  [Repealed 
March  28,  1895;  Stats.  1895,  p.  .338.  In  effect  im- 
mediately.] 


817  Miscellaneous  Provisions.  §§      3895-389 

§  3895.  Repealed.  [Repealed  March  28,  1895; 
Stats.  1895,  p.  338.     In  effect  immediately.] 

§  3896.  Repealed.  [Repealed  March  28,  1895; 
Stats.  1895,  p.  338.     In  effect  immediately.] 

§  3897.  Whenever  the  State  shall  become  the 
owner  of  any  property  sold  for  taxes,  and  the  deed 
to  the  State  has  been  filed  with  tlie  Controller,  as 
provided  in  section  three  thousand  seven  hundred 
and  eighty-five,  the  Controller  may  thereupon,  by 
a  written  authorization,  direct  the  Tax  Collector 
of  the  county,  or  city  and  county,  to  sell  the  prop- 
erty, or  any  part  thereof  as  in  his  judgment  lie 
shall  deem  advisable,  in  the  manner  following; 
He  must  give  notice  of  such  sale  by  first  publish- 
ing a  -notice  for  at  least  three  successive  weeks  in 
some  newspaper  published  in  the  county,  or  city 
and  county,  or,  if  there  be  no  newspaper  pub- 
lished therein,  then  by  posting  a  notice  in  three 
conspicuous  places  in  the  county,  or  city  and 
county,  for  the  same  period.  Such  notices  must 
state  specifically  the  place  of,  and  the  day  and 
hour  of  sale,  and  shall  contain  a  description  of  the 
property  to  be  sold,  and  shall  also  embody  a  copy 
of  the  authorization  received  from  the  Controller. 
At  the  time  set  for  sucli  sale,  the  Tax  Collector 
must  sell  the  property  described  in  the  Controller's 
authorization  and  said  notices  at  public  auction  to 
the  highest  bidder  for  cash,  in  lawful  money  of 
the  United  States:  but  no  bid  shall  be  received  or 
accepted  at  such  sale  for  less  than  the  amount  of 
all  the  taxes  levied  upon  such  property,  and  all  in- 
terests, costs,  penalties  and  expenses  up  to  the 
date  of  such  sale.  The  expense  of  the  publication 
of  the  notice  herein  required  shall  be  a  charge 
against  the  county.  [Amendment  approved  April 
1,  1897;  amendments  1897,  chap,  cclxvii.  In  effect 
immediately.] 

§  3898.  The  moneys  received  from  sucli  sale 
shall  be  distributed  as  follows:  The  Tax  Collector 
shall  deduct  tlie  penalties,  costs  and  other  amounts 
received  as  expenses  attending  such  sale,  and  the 
balance  shall  he  distributed  l^etween  the  State  and 
coiuity,  or  city  and  county,  in  the  proportion  that 
the  State  rate  bears  to  the  county,  or  city  and 
Pol.  Code— 09. 


§  8890  Miscellaneous  Frovisions.  SIS 

county  rate  of  taxation;  said  Tax  Collector  shall 
pay  ail  amounts  into  the  County  Treasury,  and  the 
Treasurer  shall  account  to  the  State  for  its  portion 
in  the  settlement  required  by  section  three  thou- 
sand eight  hundred  and  sixty-five  and  section 
three  thousand  eight  hundred  and  sixty-six.  On 
receiving  the  amount  bid.  as  prescribed  in  the  pre- 
ceding section,  the  Tax  Collector  must  execute  a 
deed  to  the  purchaser,  reciting  the  facts  necessary 
to  autliorize  such  sale  and  conveyance,  which  deed 
shall  convey  all  the  interest  of  the  State  in  and  to 
such  property,  and  shall  be  prima  facie  evidence 
of  all  facts  recited  therein.  [Amendment  approved 
March  2S,  1895;  Stats.  1895,  p.  338.  In  effect 
March  28,  1895.] 

§  3899.  The  Controller  may,  at  any  time  after 
a  delinquent  list  has  been  delivered  to  a  Tax  Col- 
lector, direct  such  Tax  Collector  not  to  proceed  in 
the  sale  of  any  property  on  said  list  whereon  the 
taxes  shall  amount  to  three  hundred  dollars  or 
more.  Upon  such  direction,  the  Tax  Collector 
must  malie  out,  and  deliver  to  the  Controller,  a 
certilied  copy  of  the  entries  upon  the  delinquent 
list  relative  to  such  tax.  The  Controller  shall 
thereupon  direct  the  Attornej'  General  to  bring 
suit  against  the  delinquent,  in  the  proper  court,  in 
the  name  of  the  people  of  the  State  of  California, 
to  enforce  sucli  collection.  The  provisions  of  the 
Code  of  Civil  Procedure  relating  to  pleadings, 
proofs,  trials  and  appeals,  are  hereby  made  appli- 
cable to  the  proceedings  herein  provided  for.  The 
moneys  received  in  pursuance  of  this  section  shall 
be  distributed  as  provided  in  the  preceding  sec- 
tion. [Amendment  approved  March  28.  1S95; 
Stats.  1895.  p.  339.    In  effect  March  28.  1895.] 

This  section  was  also  amended  at  the  same  ses- 
sion as  follows: 

Tlie  Controller  may.  at  any  time  after  a  delin- 
quent list  has  been  delivered  to  a  Collector,  direct 
such  Collector  not  to  proceed  in  the  collection  of 
any  tax  on  said  list  amounting  to  three  hundred 
dollars,  further  tlian  to  oft'er  for  sale  but  once  to 
the  State  any  property  upon  which  such  tax  is  a 
lien.  I'pon  such  direction,  the  Collector,  after 
offering  the  ])roperty  for  sale  once,  if  the  taxes 
which  are  a  lien  upon  such  property  are  not  then 
and  there  paid  by  the  owner  or  person  in  interest. 


819  Miscellaneous  T'rovislons.  S  3900 

the  Collector  must  make  out  and  deliver  to  the 
Controller  a  certified  copy  of  the  entries  upon  the 
delinquent  list  relative  to  such  tax,  and  the  Tax 
Collector,  or  the  Controller,  in  case  the  Tax  Col- 
lector refuses  or  neglects  for  fifteen  days  after  be- 
ing directed  to  bring  suit  for  coUectibn  by  the 
Controller,  may  proceed  by  civil  action  in  the 
proper  court,  and  in  the  name  of  the  people  of  the 
State  of  California,  to  collect  such  tax  and  cost. 
[In  effect  February  25,  1895.] 

§  3900.  Whenever,  in  this  title,  any  official,  or 
officials,  are  authorized  to  commence  an  action  for 
the  violation  of  any  law  relating  to  revenue,  or  to 
compel  the  specific  performance  thereof,  sucli  offi- 
cial, or  otficials,  may  designate  the  county,  or  city 
and  count.v,  in  which  such  action  shall  be  com- 
menced and  prosecuted.  [A^nendment  approved 
March  28.  1895;  Stats.  1895,  p.  339.  In  effect 
March  28,  1895.] 

The  112th  and  llSth  sections  of  the  act  of  1895 
amending  the  tax  law  are  as  follows: 

Sec.  112.  All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed:  provided,  noth- 
ing in  this  act  contained  shall  affect  the  time  or 
manner  of  collecting  delinquent  assessments  levied 
and  assessed  to  pay  tlie  damages,  costs  and  ex- 
penses for  or  incident  to  the  laying  out,  opening, 
extending,  widening,  straightening,  diverging, 
curving,  contracting  or  closing  up,  in  whole  or  in 
part,  any  street,  square,  lane,  alle.v,  court  or  place 
within  municipalities  in  this  State,  nor  the  time 
or  manner  of  sales,  or  redemption  after  sales,  of 
real  proi)erty  sold  to  pa.v  the  damages,  costs  and 
expenses  incident  to  such  worlv  or  improvement 
aforesaid;  and  the  time  and  manner  of  sale  or  re- 
demption after  sale  of  any  real  property 
sold  to  pay  the  damage,  cost  and  expense 
for  or  incident  to  laying  out,  opening,  ex- 
tending, widening,  straightening,  diverging,'  curv- 
ing, contracting  or  closing  up,  in  whole  or  in  part, 
any  street,  square,  lane,  alley,  court  or  place  within 
nnmicipalities  in  this  State  shall  be  had  and  made 
in  the  same  time  and  manner,  as  provided  by  law 
in  such  matters,  on  the  first  day  of  January,  Anno 
Domini  eighteen  hundred  and  ninety-five. 


§  3900  Miscellaneous  Provisions.  82h 

See.  113.  This  act  shall  talce  effect  and  be  in 
force  from  and  after  its  passage.  [Approved 
March  28,  1895.] 

Form  of  complaint — in  action  for  delinquent 
taxes,  StiTjts.  1880,  p.  136:  See  General  Laws,  title 
"Taxation." 

Attachment:    See  Code  Civ.  Proc.  sees.  537-559. 

Crimes  against  the  Revenue — and  property  of 
this  State:  Penal  Code,  sees.  424-443. 


PART  IV. 


OF    THE    GOVERNMENT    OF    COUNTIES, 
CITIES,  AND  TOWNS. 


PART  IV. 

OF    THE    GOVERNMENT    OF    COUNTIES,    CITIES    AND 
TOWNS. 

TITLE  I.  Of  Counties.  • 

II.  The  Government  of  Counties. 

III.  The  Government  of  Cities. 

IV.  Liability  of  Counties    and    Cities    for 

Injuries  to  Property  by  Mobs  or  Riots. 

TITLE    I. 

OF     COUNTIES. 

CHAPTER  I.    County    Boundaries    and    County 
Seats. 
II.    General     Provisions    Relating    to 
Counties. 


CHAPTER    I. 

COUNTY    BOUNDARIES    AND    COUNTY    SEATS. 

3901.  County  defined. 

3902.  Counties  in  State  designated  in  this  Title. 

3903.  Courses   deemed   true. 

3904.  Directions    deemed   due. 

3905.  To,    on,    along,    with    or   by   a    mountain    or    ridge, 

defined. 

3906.  To,  by,  along,  with,  in,  up,  or  down  a  creek,  etc., 

defined. 

3907.  In.   to.   or  from  ocean  shore,  etc.,   defined. 

3908.  Mouth  of  creel<,   etc.,   defined. 

3909.  Del   Norte. 

3910.  Klamath. 

3911.  Shasta. 

3912.  La.ssen. 

3913.  Siskiyou. 

3914.  Humboldt. 

3915.  Tehama. 

3916.  Colusa. 

3917.  Lake. 

3918.  Mendocino. 

(S22) 


823  County  Bouudaries.  §  3901 

§  3919.  Trinity. 

§  3920.  Plumas. 

§  3921.  Sierra. 

§  3922.  Butte. 

§  3923.  Nevada. 

§  3924.  Placer. 

§  3925.  Yuba. 

§  3926.  Sutter. 

§  3927.  El   Dorado. 

§  3928.  Sacramento. 

§  3929.  Yolo. 

§  3930.  Amador. 

§  3931.  Alpine. 

§  3932.  San  Joaquin. 

§  3933.  Stanislaus. 

§  3934.  Merced. 

§  3935.  Mono. 

§  3936.  Calaveras. 

§  3937.  Tuolumne. 

§  3938.  Mariposa. 

§  3939.  Fresno. 

§  3940.  Tulare.  , 

§  3941.  Kern. 

§  3942.  Inyo. 

§  3943.  San  Bernardino.  ' 

§  3944.  San  Diego. 

§  3945.  Los  Angeles. 

§  3946.  Santa   Barbara. 

§  3947.  San  Luis  Obispo. 

§  3948.  Monterey. 

§  3949.  Santa    Cruz. 

§  3950.  San  Francisco. 

§  3951.  San  Mateo. 

§  3952.  Santa  Clara. 

§  3953.  Alameda. 

§  3954.  Contra   Costa. 

§  3955.  Sonoma. 

§  3956.  Solano. 

§  3957.  Marin. 

§  3958.  Napa. 

§  3901.  A  county  is  the  largest  political  divis- 
ion of  tlie  State  having  corporate  powers. 

County— Governments,  sees.  4000-4344;  Legisla- 
ture to  provide  a  system  of  uniform,  Const.  Cal. 
1879,  art.  11,  sec.  '  4;  consolidation  with  city 
Id.  art.  11,  sec.  7.  Limits:  tlie  several  counties  as 
existing,  recognized  as  legal  subdivisions  of  the 
State,  Const.  Cal.  1879,  art.  11,  sec.  1;  boundaries, 
sees.  3909-3958.  New,  formation  of.  Const.  Cal. 
1879,  art.  11,  sec.  3:  see  sec.  397.^).  Officers,  Const. 
Cal.  1879,  art.  11,  sec  5;  see  sees.  41()1-431(>.     Seat, 


§§  3902-3909      CouuTy   Boundaries.  824 

removal  of,  Const.  Cal.  1879,  art.  11,  sec.  4;  see 
sees.  3976-398.5.  Township,  organization  for, 
Const.  Cal.  1879,  art.  11,  sec.  4. 

§  3902.  This  State  is  divided  into  counties, 
named,  bounded  and  constituted  as  provided  in 
tills  title. 

Counties — as  they  now  exist,  recognized  as  legal 
subdivisions  of  this  State,  Const.  Cal.  1879,  art.  11, 
sec.  1. 

Boundaries— and  seats,  sees.  3909-3958;  disputed, 
sec.  3969  et  seq. 

New  county,  act  providing  for  transfer  of  fund 
on:  See  General  Laws,  title  "Counties." 

Acts  relating  to  boundary  lines  between  certain 
counties:  See  General  Laws,  title  "County  Bound- 
aries." 

§  3903.  In  describing  courses  the  words 
"north,"  "south."  "east"  and  "west,"  mean  true 
courses,  and  refer  to  the  true  meridian  unless 
otherwise  declared. 

§  3904.  The  words  "northerly,"  "southerly," 
"easterly"  and  "westerly,"  mean  due  north,  due 
south,  due  east  and  due  west,  unless  controlled  by 
other  words,  or  by  lines,  monuments,  or  natural 
objects. 

§  3905.  The  words  "to,"  "on,"  "along,"  "with," 
or  "by"  a  mountain  or  ridge,  mean  summit  point, 
or  summit  line,  unless  otherwise  expressed. 

§  3906.  The  words  "to,"  "by,"  "along,"  "with," 
"in,"  "up"  or  "down"  a  creek,  river,  slough, 
straight,  or  bay,  mean  the  middle  of  the  main 
channel  thereof,  unless  otherwise  expressed. 

§  3907.  The  words  "in,"  "to"  or  "from"  the 
ocean  shore  mean  a  point  three  miles  from  shore. 
The  words  "along,"  "with."  "by"  or  "on"  the 
ocean  shore,  mean  on  a  line  parallel  with  and 
three  miles  from  the  shore. 

§  3908.  The  mouth  of  a  creek,  river  or  slough 
which  einpties  into  another  creek,  river  or  slough, 
is  the  point  where  the  middle  of  the  channel  inter- 
sects. 

DEL    NORTE. 

§  3909.    Situated  in  the  northwest  corner  of  the 


825  County  Boundaries.      §§3910,3911 

State  of  California,  beginning  at  a  point  in  tlie  Pa- 
cific ocean,  on  ttie  forty-second  parallel  of  noi'tli 
latitude,  three  miles  from  shore,  being  on  the 
southern  line  of  Oregon;  thence  running  south- 
erly, three  miles  from  ocean  shore,  to  a  point  on 
the  nortliern  line  of  Humboldt  county,  one  mile 
south  of  the  mouth  of  Klamath  river;  thence  east- 
erly, along  the  northern  boundary  of  Humboldt 
county,  to  the  summit  of  a  spur  of  the  Sisliiyou 
range  of  mountains;  thence  northerly,  following 
the  summit  of  said  spur  of  the  Sisliiyou  range  of 
mountains,  to  the  forty-second  parallel  of  north 
latitude;  thence  due  west  to  the  place  of  beginning. 
[In  effect    March  11,  1887.] 

County  seat — Crescent  City. 

Basis  of  section:    Stats.  1857,  p.  35;  1851,  p.  21. 

KLAMATH. 

§  3910.  Beginning  at  southwest  corner  of  Del 
Norte,  as  established  in  section  3909;  thence  south- 
erly, by  ocean  shore,  to  a  point  west  from  the 
mouth  of  Mad  river,  foi-miug  southwest  corner; 
thence  east  to  a  point  in  Trinity  river,  which  forms 
common  corner  of  Humboldt,  Klamath  and 
Trinity;  thence  northeasterly  to  and  along  Scott's 
mountain  to  its  point  of  intersection  with  the 
ridge  dividing  the  waters  which  flow  into  Scott's. 
Shasta  and  Sacramento  rivers  on  the  north  from 
the  waters  which  flow  into  Salmon  and  Klamath 
rivers  on  the  south,  forming  the  common  corner  of 
Sisliiyou,  Klamath  and  Trinity;  thence  northerly 
to  and  along  the  last  mentioned  ridge  to  the  south- 
east corner  of  Del  Norte,  as  established  in  section 
3909;  thence  westerly  along  the  southern  line  of 
Del  Norte  to  the  place  of  beginning. 

County  seat— Orleans  Bar. 

Basis  of  section— Stats.  1851,  p.  180;  1855,  p.  200; 
.1856,  p.  32;  1857,  p.  35. 

Annexation  of  Klamath  county — to  Humboldt 
and  Sislviyou  counties:  See  Act  in  Stats.  1874,  p. 
755,  and  amendatory  and  supplementary  Act  in 
Stats.  1876,  p.  603. 

SHASTA. 
§  3911.    Beginning  at  the  northern  line  of  Te- 
hama, at  the  head  of  Bloody  Island,     in     Sacra- 
mento river;  thence  to  and  down  the  eastern  chan- 


§  3912  County  Boundaries.  826 

nel  to  the  mouth  of  Battle  Creek;  thence  easterly, 
up  Battle  creek,  by  the  main  channel,  to  the  mouth 
of  the  middle  fork,  known  as  Digger  creek;  thence 
up  Digger  creek  to  its  head;  thence  east  to  a  point 
south  of  Black  Butte  mountain,  forming  southeast 
corner;  thence  north,  on  western  line  of  Lassen,  to 
a  rock  mound,  forming  northeast  corner,  on  south- 
ern line  of  Siskiyou;  thence  west,  on  said  south- 
ern line,  to  Castle  roclv,  forming  northwest  corner; 
thence  soutlierly  along  Trinity  mountain  to  the 
head  of  Bee  Gum  Creek,  forming  southwest  cor- 
ner; thence  easterly,  down  Bee  Gum.  Middle  Fork 
and  CottouAvood  Creeks  to  the  western  channel  of 
Sacramento  River;  thence,  by  direct  line,  to  the 
point  of  beginning. 

County  seat— Shasta  City. 

Basis  of  section— Stats.  1851,  p.  177;  1852,  p.  228, 
235;  1850,  p.  118;  1857,  p.  25,  109;  1859,  p.  259;  1864, 
p.  2G4. 

LASSEN. 

§  3912.  Beginning  at  southwest  corner,  on  the 
northern  line  of  Sierra,  as  established  in  section 
3921,  at  a  point  on  the  summit  of  the  ridge  which 
crosses  said  line,  and  which  divides  Long  Valley 
from  Sierra  Valley;  thence  northwesterly,  follow- 
ing said  ridge,  to  a  point  due  south  from  the  town 
of  Susanville;  thence  westerly,  along  the  ridge 
separating  the  waters  which  flow  into  the  east 
branch  of  the  nortli  fork  of  Feather  River,  run- 
ning through  Indian  Valley,  from  those  which 
flow  into  the  north  fork  of  Feather  River,  running 
through  Mountain  Meadows,  to  a  point  on  said 
ridge  south  from  the  point  where  the  old  and  pres- 
ent traveled  road  from  the  Big  Meadows,  via 
Hamilton's  ranch,  first  crosses  the  said  nortli  fork: 
thence  north,  to  a  point  east  of  the  southeast  cor- 
ner of  Shasta:  thence  west,  along  said  extension 
line,  to  a  point  due  south  of  Black  Butte  Moun- 
tain, being  southeast  corner  of  Shasta:  thence 
north,  to  a  point  on  southern  line  of  Siskiyou 
marked  by  a  rock  mound,  being  northwest  corner 
of  I^assen  and  northeast  corner  of  Shasta:  thence 
east,  along  said  line  to  the  eastern  boundary  of  the 
State;  thence  south  along  said  State  line.'  to  the 
northeast  corner  of  Sierra,  as  established  in  Sec- 
tion 3921;  thence  west,  along  the  line  of  Sierra,  to 
the  place  of  beginning. 

County  seat— Susanville. 


827  County  Boundaries.      §§3913,3914 

Basis  of  section— Stats.  1864,  p.  264;  1865,  p.  453. 
Survey  of   boundary  line— between  Lassen  and 
Sisldyou,  Stats.  1872,  p.  886, 

SISKIYOU. 

§  3913.  Commencing  on  the  northern  line  of 
the  State  of  California,  at  the  range  line  between 
ranges  numbered  four  (4)  and  tive  (5)  east  of 
Mount  Diablo  base  and  meridian;  thence  due 
south  on  said  range  line  to  the  northern  line  of 
Shasta  county;  thence  westerly  along  the  northern 
line  of  Shasta  and  Trinity  counties  to  the  top  of 
the  ridge  dividing  tlie  waters  of  the  Salmon  and 
Its  tributaries  from  the  waters  that  flow  into  the 
Klamatli  and  Trinity  Rivers  and  their  tributaries, 
to  where  the  Salmon  enters  the  Klamath  River; 
thence  westerly  on  a  direct  line  to  the  summit  of 
the  spur  of  the  Siskiyou  range  of  mountains; 
thence  northeasterly,  following  the  southeasterly 
line  of  Del  Norte  county,  as  described  in  section 
one  of  this  Act,  to  the  forty-second  parallel  of 
north  latitude;  thence  due  east  along  the  line  di- 
viding the  States  of  Oregon  and  California,  to  the 
place  of  beginning.     [In  effect  March  11,  1887.] 

County  seat^Yreka. 

Stats.  1852,  233:  1861,  273. 

See  also  act  of  March  28,  1874,  as  to  partitioning 
of  Klamath  county,  between  Sislciyou  and  Hum- 
boldt counties,  ante,  sec.  3910. 

Modoc  county,  act  creating:  See  General  Laws, 
title  "Modoc  County." 

HUMBOLDT. 

§  3914.  Beginning  at  southwest  corner  of  Kla- 
math, as  established  in  Section  3010:  thence  east, 
to  common  corner  of  Klamath,  Humboldt  and 
Trinity,  in  Trinity  River,  as  established  by  Section 
3910;  tlience  southeasterly,  up  Trinity  River,  to 
the  mouth  of  its  sotith  forlv;  thence  southeastei'ly, 
along  the  eastern  side  of  said  south  fork,  one  hun- 
dred feet  alwve  high  water  mark,  to  the  motith  of 
Grouse  Creek:  thence  soutli,  to  a  point  on  the 
fortieth  degree  of  north  latitude,  being  on  north- 
ern line  of  Mendocino,  and  foririing  southeast  cor- 
ner of  Humboldt;  tlience  west,  on  said  line  to 
the  Pacific  ocean;  thence  northerly,  along  the 
ocean  shore,  to  the  place  of  beginning. 

C'ounty  seat— Eureka. 


§§  3915,3916      County  Boundaries.  828 

Basis  of  section— Stats.  1853,  p.  161;  1856,  p.  37; 
1862,  p.  6. 

Annexation  of  part  of  Klamatti  countv— to  Hum- 
boldt, see  sec.  3910. 

TEHAMA. 

§  3915.  Beginning  at  tlie  point  of  intersection 
of  Sacramento  River  with  soutli  line  of  Township 
Twenty-three  north.  Mount  Diablo  base;  thence 
west,  on  said  line,  being  northern  line  of  Colusa, 
to  the  summit  of  the  Coast  Ilange,  being  south- 
west corner;  thence  northerly,  on  said  summit  line 
to  the  southwest  corner  of  Shasta,  as  established 
in  Section  3911;  thence  easterly,  on  the  southern 
line  of  Shasta,  as  established  in  Section  3911,  to  the 
northwest  corner  of  Plumas,  being  the  point  of  in- 
tersection of  southern  line  of  Shasta  with  the  sum- 
mit line  of  the  dividing  ridge  between  the  waters 
of  Mill  and  Deer  Creeks,  tributaries  of  the  Sacra- 
mento Kiver,  and  Kice's  and  Warner's  Creeks, 
tributaries  of  the  North  Fork  of  Feather 
Itiver,  forming  northeast  corner  of  Te- 
hama; thence  southerly,  along  said  sum- 
mit line,  to  the  north  point  of  Butte 
county,  it  being  the  point  where  tlie  northern  road 
from  Big  Meadows  to  Butte  Meadows,  by  Dye's 
house  crosses  the  said  summit  line;  thence  south- 
westerly, in  a  direct  line,  to  the  head  of  Eocli 
Creeli;  thence  southwesterly,  down  Rock  Creek,  to 
the  south  line  of  Township  Twenty-four  nortli. 
Mount  Diablo  base:  thence  west,  on  said  line,  to 
the  Sacramento  River;  thence  along  said  river  to 
the  place  of  beginning. 

County  seat— Red  Bluff. 

Basis  of  section— Stats.  1856,  pp.  118,  222;  1857. 
pp.  25,  109,  134;  1859,  p.  359. 

COLUSA. 
§  3916.  Beginning  at  southeast  corner  being 
nortlieast  corner  of  Yolo,  in  Sacramento  River,  at 
its  intersection  with  the  south  line  of  Township 
Thirteen  north.  Mount  Diablo  base;  thence  west, 
on  said  township  line  to  tlie  ridge  dividing  the 
waters  flowing  into  Bear  Creek  and  Stony  Creelv, 
from  those  flowing  west  into  tlie  north  fork  of 
Cache  Creelv  and  Clear  Dake;  thence  northerly, 
along  said  ridge  to  the  summit  line  of  the  Coast 


821)  Couuty  Boundaries.  §  3917 

llauge,  being  tlie  western  line  of  Lalve,  forming 
soutliwest  corner  of  Colvisa  and  nortliwest  corner 
of  Yolo;  thence  northerly  on  said  summit  and 
western  boundary  of  Lalvo,  through  Hull's  Moun- 
tain, to  the  southwest  corner  of  Tehama,  as  es- 
tablished in  Section  3915;  thence  easterly  on  south- 
ern line  of  Tehama  to  initial  point  of  Tehama,  in 
Sacramento  River  on  south  line  of  Township 
Twenty-three;  thence  down  said  river  to  the  south- 
west corner  of  the  Llano  Seco  Grant;  thence 
noi'theasterly,  along  said  grant  line  to  its  intersec- 
tion, with  the  northern  boundary  of  Township 
Nineteen  north;  thence  east  to  Butte  Creek;  thence 
down  Butte  Creek  to  Butte  Slough;  thence  up 
Butte  Slough  to  Sacramento  River;  thence  down 
Sacramento  River  to  the  place  of  beginning. 

County  seat— Colusa. 

Basis  of  section— Stats.  1851,  p.  179;  1853,  p.  193; 
185G,  pp.  118,  124. 

Location  of  boundary  between  Glenn  and  Co- 
lusa: See  General  Laws,  title  "County  Bounda- 
ries." 

LAKE. 

§  3917.  Beginning  at  the  summit  of  Mount 
Hull,  ne^r  Mount  St.  John,  on  the  western  line  of 
Colusa,  and  forming  the  northeast  corner  of  Lake 
and  east  corner  of  "Mendocino;  thence  southerly 
and  circuitously,  by  the  summit  line  of  the  Ma- 
yacmas  Range,  being  the  dividing  ridge  between 
the  waters  flowing  into  the  Russian  and  Eel 
Rivers  and  those  flowing  easterly  into  Clear  Lake, 
to  the  summit  of  Mount  St.  Helena;  thence  east- 
erly along  the  line  heretofore  established,  to  the 
Buttes  Canyon  road;  thence  easterly,  in  a  right 
line,  to  the  'most  northern  point  of  the  Berryessa 
Rancho;  thence  easterly  along  the  northern  line 
of  said  rancho,  to  the  northeast  corner  thereof; 
thence  east  to  the  western  line  of  Yolo  county,  as 
established  in  Section  3929;  thence  northerly,  on 
the  western  line  of  Yolo  and  Colusa  counties,  to 
the  place  of  beginning. 

County  seat— Lakeport. 
.     Basis  of  section— Stats.  1801,  p.  5G0;  1864,  pp.  97, 
111;  1868,  p.  269;  1870,  p.  442. 

Boundary  line  between  Lake  and  Yolo  counties 
—Act  to  more  clearly  define.  Stats.  1872,  p.  903. 
Pol.  Code— 70. 


§§  3918, 3919      County  Boundaries.  830 

MENDOCINO. 

§  3918.  Beginning  at  the  southwest  corner  of 
Humboldt,  as  established  in  Section  3914;  thence 
southwesterly,  by  the  ocean  shore,  to  a  point  three 
miles  west  of  Walhalla  River;  thence  east  to  the 
mouth  of  said  stream,  and  up  the  channel  two 
miles;  thence  easterly  in  a  direct  line,  on  north- 
ern line  of  Sonoma,  to  the  most  northern  and  high- 
est peak  of  Redwood  mountain;  thence  east  to  the 
western  boundary  of  Lalie,  on  the  summit  of  the 
Mayacuias  ridge;  thence  northerly,  along  the  west- 
ern'and  northern  boundary  of  Lake,  as  established 
in  Section  .3917,  to  the  northeast  coi'ner  thereof; 
thence  nortlierly,  along  the  western  boundaries  of 
Colusa  and  Tehaina,  as  established  in  Sections 
3915  and  3910.  to  a  point  on  the  line  of  tlie  foi'tieth 
parallel  of  north  latitude,  forming  the  northeast 
corner  of  Mendocino  and  the  southeast  corner  of 
Trinity;  thence  west  along  said  parallel,  on  south- 
ern line  of  Humboldt  and  Trinity,  to  the  place  of 
beginning. 

County  seat— Ukiah  City. 

Basis  of  section -Stats.  1851,  p.  178;  1859,  p.  98; 
1804,  pp.  94,  334. 

TRINITY. 

§  3919.  Beginning  at  the  northeast  corner  of 
Mendocino,  as  established  in  Section  3918,  on  the 
summit  line  of  the  Coast  Range;  thence  north- 
erly, on  said  range  and  the  western  line  of  Te- 
hama and  Shasta,  to  the  point  of  intersection  witli 
the  southern  line  of  Siskiyou,  being  northeast  cor- 
ner of  Trinity  and  northwest  corner  of  Shasta; 
thence  westerly,  on  the  ridge  dividing  the  waters 
flowing  soutli  and  west  into  Trinity  and  Salmon 
Rivers  from  the  waters  flowing  north  and  east 
into  Scott's  and  Sacramento  Rivers,  to  common 
corner  of  Klamath,  Sislviyou  and  Trinity,  as  es- 
tablished in  Section  3910;  thence  southwesterly,  on 
the  line  of  Scott's  Mountain,  being  the  southern 
line  of  Klamath,  to  common  corner  of  Trinity, 
Klamath  and  Humboldt,  as  established  in  Section 
3909;  thence  southerly,  by  the  eastern  line  of 
Humboldt,  to  the  fortieth  parallel  of  latitude,  be- 
ing tlie  nortliern  line  of  Mendocino,  forming  south- 
west corner;  thence  east,  to  the  place  of  beginning. 

County  seat— WeavervlUe. 

Basis  of  section— Stats.  1851,  p.  179:  18.53.  p.  161: 
1855.  p.  200. 


831  Couuty  Boundaries.       §§  3920,3921 

PLUMAS. 

§  3920.  Beginning  on  dividing  ridge  between 
the  waters  of  Yuba  and  Feather  Kivers,  at  com- 
mon corner  of  Yuba,  Butte  and  Plumas,  estab- 
lished by  survey  and  map  of  Joseph  Johnston, 
County  Surveyor  of  Yuba  county,  July,  eighteen 
hundred  and  tifty-seven,  and  indicated  by  a  large 
spruce  tree  standing  in  front  of  the  Buclieye 
House,  marlied  "Corner  of  Plumas,  Butte  and 
Yuba;"  thence  northeasterly,  by  direct  line  to  the 
northwest  corner  of  Sierra  and  the  south  corner  of 
Plumas,  in  Slate  Creek,  at  a  point  where  the  third 
course  or  terminating  north  and  south  line  of  sur- 
vey of  Keddie  and  Church,  made  June  nineteenth, 
eighteen  hundred  and  sixty-six,  crosses  said  creek; 
thence  northeasterly,  up  said  creek,  to  the  inter- 
section of  the  first  north  and  south  line  of  said  sur- 
vej';  thence  noi'th.  on  said  Irue,  to  the  initial  point 
thereof,  being  the  summit  line  of  the  ridge  divid- 
ing the  waters  of  Feather  River  from  the  Avaters 
of  thel'uba  River;  thence  easterly,  on  said  summit 
line,  and  east  to  "The  Falls,"  about  one  mile  be- 
low the  outlet  of  Gold  Lake;  thence  east,  to  the 
summit  of  the  ridge  which  divides  Long  Valley 
from  Sierra  Valley,  this  point  forming  the  most 
southern  soutliwest  corner  of  Lassen,  as  estab- 
lished in  Section  3912,  also  tlie  southeast  corner  of 
Plumas:  theuce  northwesterly,  on  the  southwestern 
irregular  line  of  Lassen,  as  estal)lislie(l  in  Section 
3912,  to  the  southeast  corner  of  Shasta,  as  estab- 
lished in  Section  3911;  thence  west,  on  the  south- 
ern line  of  Shasta,  to  the  noi-theast  corner  of  Te- 
hama, as  establislied  in  Section  .391.5;  thence 
southerly,  on  the  ridge,  being  eastern  line  of  Te- 
hama and  Butte,  to  the  point  of  intersection  of  a 
line  running  northwesterly  from  the  initial  point, 
at  the  Buclceye  House,  in  line  Avith  said  initial 
point  and  the  southern  edge  of  Walker's  Plains; 
thence  on  said  line  to  the  place  of  beginning. 

County  seat— Quincy. 

Basis  of  section— Stats.  1854,  p.  120;  1864,  p.  264; 
1860,  p.  605;  1868,  p.  462. 

SIERRA. 
§  3921.    Beginning  at  the  south  corner  of  Plu- 
mas, in  the  center  of  Slate  Creek,  as  established 
in  Section  3920;  thence  easterly,  on  southern  line 


§  8922  County  Boundaries.  832 

of  Plumas,  as  established  in  said  section,  to  the 
range  line  between  Townsliip  T^nenty-one  north, 
range  thirteen  east,  and  Township  Twenty-one 
north,  fourteen  east,  ^It.  Diablo  meridian;  thence 
north,  on  said  range  line,  to  the  northwest  corner 
of  Township  Twenty-one  north,  fourteen  east, 
Mt.  Diablo  B.  and  M.;  thence  east  on  the  line  be- 
tween Townships  Twenty-one  and  Twenty-two 
north,  Mt.  Diablo  base,  to  the  State  line  forming 
the  northeast  coi-ner;  thence  south  on  said  State 
line  to  the  northeast  corner  of  Nevada  county,  a 
point  east  of  the  source  of  South  Fork  of  the  Mid- 
dle Yuba  River;  thence  west  to  the  source  of 
and  down  the  South  Fork  and  Middle 
Yuba  River  to  a  point  ten  miles  above  the 
mouth  of  the  latter;  thence  in  a  straight  line 
northerly  to  a  point  on  the  North  Fork  of  the 
Yuba  River  known  as  Cuteye  Foster's  Bar;  down 
said  river  to  the  mouth  of  Big  Canyon  Creek,  then 
up  said  creek  four  miles;  thence  in  a  straight  line 
to  the  place  of  beginning. 

County  seat — Downieville.  [Amendment  ap- 
proved March  Ifi,  1874;  amendments  187.3-4,  p. 
166.     In  effect  March  16,  1874.] 

Before  amendment  1874 — altering  northerly  line. 
.section  founded  on  Stats.  1852,  p.  230;  1863,  p.  114; 
1866,  p.  228;  1868,  p.  462. 

BUTTE. 
§  3922.  Beginning  at  the  northwest  corner  of 
Yuba,  in  Feather  River,  at  the  mouth  of  Honcut 
Creek;  thence  northeasterly,  up  the  Honcut  Creek 
and  the  north  or  Natchez  branch  of  the  same,  to 
its  source,  on  line  established  by  Surveyor  Gene- 
ral, on  survey  of  Westcoatt  and  Henning,  eighteen 
hundred  and  fifty-nine;  thence  to  the  summit  line 
of  the  ridge  dividing  the  waters  of  the  Yuba  and 
Feather  rivers;  thence  northeasterly,  up  said  ridge, 
on  line  of  said  survey,  to  the  third  station  tree 
westerly  from  the  Woodville  House;  thence  in  a 
right  line,  fifty  chains  more  or  less,  to  a  station 
tree  easterly  from  said  house  about  twenty-six 
chains — said  right  line  passing  about  three  chains 
northerly  of  said  house;  thence  northeasterly  on 
said  ridge  and  survey,  to  a  point  on  line  of  said 
survey  a  little  westerly  from  the  village  of  Straw- 
berry Valley— which  point  is  two  tliousand  feet 
distant  westerly,  in  right  line  from  point  of  high- 


833  County   Boundaries.  §  3923 

est  altitude  on  line  of  said  survey  east,  and  within 
three  hundred  yards  of  the  village  of  Strawberry 
Valley;  thence  to  the  common  corner  of  Plumas, 
Butte  and  Yuba,  as  established  in  Section  3920; 
thence  northwesterly,  on  southwesterly  line  of 
Plumas,  as  established  in  said  section,  to  the  most 
eastern  southeastern  corner  of  Tehama,  as  estab- 
lished in  Section  3915,  forming  also  north  cor- 
ner of  Butte;  thence  southwesterly  on  the  south- 
easterly line  of  Tehama  to  the  southeast  corner  of 
Tehama,  at  point  of  intersection  of  Rock  Creeli 
and  southern  line  of  Township  Twenty-four  north, 
Mt.  Diablo  base;  thence  west  on  said  township 
line  to  the  Sacramento  River;  thence  down  said 
river  to  the  southwest  corner  of  the  Llano  Seco 
grant;  thence  northeasterly,  along  said  grant  line 
to  its  intersection  with  the  northei-n  boundary  of 
Township  Nineteen  north;  thence  east,  to  Wat- 
son's bridge,  on  Butte  Creeli;  thence  on  Colusa 
county  east  line,  down  Butte  Creeli,  to  the  north- 
west corner  of  Sutter  county,  as  established  in 
Section  3926;  thence  east,  on  north  line  of  Sutter 
county  to  Feather  River;  thence  down  Feather 
River  to  place  of  beginning. 

County  seat — Oroville.  [Amendment  approved 
March  7,  1874:  amendments  1873-4,  p.  167.  In  ef- 
fect March  7,  1874.] 

Stats.  1851,  p.  177:  1853,  p.  53;  18-54,  p.  129;  18.56, 
pp.  118,  124,  222:  1857,  pp.  25,  109,  120;  1859,  p.  3.59; 
1860,  p.  115;  1861,  p.  167. 

NEVADA. 
§  3923.  Beginning  at  northwest  corner,  at  a 
point  in  the  main  Yuba  River,  at  the  mouth  of 
Deer  Creek;  thence  up  the  main  Yuba,  to  the 
mouth  of  the  Middle  Yuba;  thence  up  the  latter, 
to  the  mouth  of  the  South  Fork  of  the  same; 
thence  up  the  South  Fork,  to  its  source;  thence 
east,  to  the  eastern  line  of  the  State,  all  on  the 
southeastern  and  southern  lines  of  Y''uba  and 
Sierra ;  thence  south,  along  the  State  line,  to  the 
northeast  corner  of  Placer,  as  established  in  Sec- 
tion 3924;  thence  westerly,  on  the  northern  line 
of  I'lacer,  as  established  in  said  section,  to  the 
source  of  Bear  River;  thence  down  Bear  River  to 
a  point  south  of  the  junction  of  Deer  Creek  and 
the  main  Y'uba,  forming  southwest  corner;  tlience 
north,  to  the  place  of  beginning. 


§§  3924,3925      County  Boundaries.  834 

County  seat— Nevada  City. 

Basis  of  section— Stats.  1851,  p.  177;  1852,  pp. 
190,  191:  1856,  p.  143. 

PliACER. 

§  3924.  Beginning  at  a  point  where  tlie  west 
line  of  Townsnip  Ten  nortli,  Kange  Five  east,  Mt. 
Diablo  meridian,  intersects  the  northern  line  of 
Sacramento  county,  as  established  in  Section  3928; 
thence  north,  on  range  line,  to  the  northwest  cor- 
ner of  Section  six,  in  Township  Ten  north.  Range 
Five  east;  thence  east,  on  township  line,  to  the 
southwest  corner  of  Section  thirty-one,  Township 
Eleven  north.  Range  Five  east;  thence  north,  on 
range  line,  to  the  northwest  corner  of  Township 
twelve  north.  Range  Five  east;  thence  east  to  the 
southwest  corner  of  Section  thirty-four.  Township 
thirteen  north,  Range  Five  east;  thence  north,  to 
Bear  River;  thence  on  southern  line  of  Yuba  and 
Nevada  counties,  up  said  river  to  its  source; 
thence  east,  in  a  direct  line,  to  the  eastern  line  of 
the  State  of  California,  forming  northeast  corner; 
tlience  southerly,  along  said  line,  to  the  northeast 
corner  of  El  Dorado,  as  established  in  Section 
3927;  thence  westerly,  on  the  northern  lines  of 
El  Dorado  and  Sacramento,  as  established  in  Sec- 
tions 3927  and  3928,  to  the  place  of  beginning.  [In 
effect  March  39,  1889.] 

County  seat— Auburn. 

Stats.  1851,  p.  176:  1866,  p.  223;  1870,  p.  294. 

YUBA. 

§  3925.  Beginning  at  southwest  corner,  at 
junction  of  Feather  and  Bear  Rivers;  thence  up 
Bear  River,  on  the  line  of  Sutter  and  Placer,  to 
southwest  corner  of  Nevada,  as  established  in  Sec- 
tion 2923;  thence  north,  on  Nevada  line,  to  the 
junction  of  Deer  Creeli  and  main  Yuba;  thence  up 
tlie  main  to  tlie  Middle  Yuba,  and  up  the  Middle 
Y'uba  ten  miles,  to  the  southwest  corner  of  Sierra, 
as  established  in  Section  3921 ;  thence  in  direct  line 
northerly,  and  on  line  of  Sierra,  to  Cuteye  Foster's 
Bar,  on  North  Y'uba  River;  thence  down  the  river 
to  the  mouth  of  Big  Canyon  Creels;  thence  up  said 
creeli  four  miles;  thence  in  direct  line  to  south  cor- 
ner of  Plumas  and  northwest  corner  of  Sierra,  in 
Slate  Creelv,  as  established  in  Sections  3920  and 
3921;     thence  northwesterly,  in  a  direct  line,  to 


835  County  Boundaries.        §  3926, 3927 

comuion  corner  of  Plumas,  Butte  and  Yuba,  in 
front  of  Buclieye  House,  as  established  in  Section 
3920:  thence  on  southwestern  line  of  Butte,  as  es- 
tablished in  Westcoatt  and  Henning's  survey  and 
map,  down  the  Honcut  Creeli  to  its  junction  with 
Feather  River;  thence  down  Feather  liiver  to  the 
place  of  beginning. 

County  seat— Marysville. 

Stats.  1851,  p.  17(5;  1852,  p.  230;  1800,  p.  115;  1861, 
p.  167;  1866,  p.  228. 

SUTTER. 

§  3926.  Beginning  at  the  northwest  corner  of 
Sacramento  county,  as  established  in  Section  3928; 
thence  up  the  Sacramento  River  to  the  mouth  of 
Butte Creeli slough;  thence  down  said  slough  to  the 
dividing  line  between  Sections  Thirty-five  and 
Thirty-six,  Township  Sixteen  north.  Range  one 
west,  Mount  Diablo  base  and  meridian;  thence 
north,  on  said  line  to  Butte  Creelv;  thence  follow- 
ing said  Butte  Creek  to  its  intersection  with  the 
south  line  of  Section  Nineteen,  Township  Seven- 
teen north,  Range  one  east,  Mount  Diablo  base 
and  meridian;  thence  east,  on  section  line  to 
Feather  River;  thence  down  F'eather  River  to 
mouth  of  Bear  River;  thence  up  Bear  River  to 
northwest  corner  of  Placer  county,  as  established 
in  Section  3924;  thence  along  the  western  bound- 
ary of  Filacer  county  to  the  southwest  corner 
thereof;  thence  westerly  along  the  nortliern  bound- 
ary of  Sacramento  county  to  the  place  of  begin- 
ning. [Amendment  approved  March  31,  1891.  In 
effect  immediately.] 

County  seat— Yuba  City. 

Stats.  1851,  p.  176;  1852,  p.  2.37;  1854,  p.  26;  1856, 
p.  231;  1864,  p.  301;  1866,  p.  223;  1870,  p.  294. 

EL  DORADO. 
§  3927.  Beginning  on  tlie  west  corner,  at  the 
junction  of  the  North  and  South  Forks  of  the 
American  River;  thence  up  tlie  North  Fork  to  the 
moxitli  of  the  Middle  Fork;  thence  up  the  Middle 
Fork  to  the  mouth  of  the  Soutli  Forli  of  the  Mid- 
dle Fork  at  Junction  Bar;  thence  up  said  last- 
named  fork  to  a  point  where  the  same  is  inter- 
sected by  the  Georgetown  and  Lake  Bigler  trail; 
tlience  along  said  trail  to  Sugar  Pine  Point,  on  the 
western  shore  of  Lalce  Bigler;  thence  east  to  the 


§  3928  County  Boundaries.  836 

State  line;  thence  south  and  southeasterly,  on  the 
State  line,  to  the  northern  corner  of  Alpine,  being 
the  point  where  the  State  line  crosses  the  eastern 
summit  line  of  the  Sierra  Nevada  moun- 
tains; thence  southwesterly,  along  the  west- 
ern line  of  Alpine,  as  established  in  Sec- 
tion 3931,  to  the  common  corner  of  Al- 
pine, Amador  and  El  Dorado,  as  established  by 
said  section;  thence  Avesterly,  on  the  northern  line 
of  Amador,  as  established  in  Section  3930,  and 
down  the  Cosumnes  River  and  South  Forii  thereof 
to  the  eastern  line  of  Sacramento,  as  established 
in  Section  3928;  thence  northerly,  by  the  eastern 
line  of  Sacramento,  to  the  South  Forli  of  the 
American  River;  thence  down  the  latter  to  the 
place  of  beginning. 

County  seat— Placerville. 

Basis  of  section— Stats.  1851,  p.  176;  1857,  p.  33; 
1863,  pp.  23],  349;  1864,  p.  178. 

SACRAMENTO. 
§  3928.  Beginning  on  the  northern  line  of  the 
county,  at  a  point  ten  miles  north  of  a  point  which 
was,  on  the  thirtieth  of  Marcli,  eighteen  hundred 
and  fifty-seven,  the  mouth  of  the  American  River; 
thence  easterly  to  the  junction  of  the  North  and 
South  Forlvs  of  said  river:  thence  up  the  principal 
channel  of  tlie  South  Forlv  to  a  point  one  mile 
above  Mormon  Island,  so  as  to  include  said  island 
in  Sacramento  county,  forming  the  northeast  cor- 
ner; thence  southerly,  to  a  point  on  the  Cosumnes 
River,  eight  miles  above  the  house  of  William 
Day  lor;  thence  south  to  Dry  Creek,  forming  south- 
east corner:  thence  down  said  Dry  Creelv  to  its  en- 
trance into  the  Mokelumne  River;  thence  down 
the  Mokebimne  River  to  a  point  where  said  river 
divides  into  east  and  west  branches;  thence  down 
the  west  branch  to  its  junction  with  the  east 
branch;  thence  down  said  river  to  its  junction 
witli  the  San  Joaquin  River:  thence  down  the  San 
Joaquin  River  to  the  mouth  of  the  Sacramento 
River,  at  the  head  of  Suisun  Bay,  forming  south- 
west corner;  thence  up  tlie  Sacramento  River  to 
the  mouth  of  Merritt  Slough;  thence  up  said 
slough  to  the  mouth  of  Sutter  Slough;  thence  up 
said  Sutter  Slough  to  the  Sacramento  River: 
thence  up  the  Sacramento  River  to  a  point  west 


837  County  Boundaries.  §  3929 

of  the  place  of  beginning,  forming  tlie  northeast 
corner  of  Sacramento  county;  thence  east  to  the 
place  of  beginning.  [Amendment  approved  April 
1,  1878;  amendments  1877-8,  p.  70.  In  effect  in 
sixty  days.] 
County  seat— omitted  in  amdt.  1878. 

YOLO. 

§  3929.  Beginning  on  southeast  corner,  at  the 
most  easterly^northeast  corner  of  Solano,  in  Sut- 
ter Slough,  at  its  intersection  ^Yith  the  first  Stand- 
ard JN'orth;  thence  west  on  said  standard  line  to 
west  line  of  Range  Three  east.  Mount  Diablo  me- 
ridian; thence  north  on  said  range  line  to  the 
northeast  corner  of  Township  Seven  north,  Two 
east;  thence  west  nine  and. seventy-two  one-hun- 
dredths  chains  to  southeast  corner  of  Township 
Eight,  Two  east;  thence  north  on  easterly  line  of 
said  township  to  the  old  bed  of  Putah  Creek; 
thence  Avesterly  up  the  old  bed  and  main  Putah 
Creek,  to  a  point  on  eastern  line  of  Napa,  in  the 
canyon  called  Devil's  Gate,  Avhere  the  highest 
ridge  of  mountains  divides  the  waters  of  the  Sac- 
ramento from  Berryesa  Valley,  forming  the  most 
westerly  of  the  southwest  corners  of  Yolo  and  north- 
west corner  of  Solano;  thence  northerly  along  the 
highest  ridge  of  said  mountains  to  Cache  Creek; 
thence  east  to  the  summit  of  the  spur  of  the  Coast 
Range,  which  divides  the  waters  flowing  east  into 
Bear  Creek  and  Stony  Creek,  and  those  flowing 
west  into  tlie  North  Fork  of  Cache  Creek;  thence 
northerly  along  the  said  dividing  ridge,  following 
the  divide  of  said  waters  to  the  summit  of  the 
Coast  Range  of  mountains  on  the  easterly  line  of 
Napa  and  Lake  and  to  the  southwest  corner  of  Co- 
lusa, as  established  in  Section  3916;  thence  east- 
erly, on  southern  line  of  Colusa,  as  established  in 
said  section,  to  Sacramento  River,  forming  the 
northeast  corner  at  the  point  of  intersection  of  the 
southern  line  of  Township  Thirteen  north,  Mount 
Diablo  base;  thence  down  sai<l  river  to  Sutter 
Slough;  thence  down  said  slough  to  the  place  of 
beginning. 

County  seat— Woodland. 

Basis  of  section— Stats.  IS.")!,  p.  179;  18.^)7,  p.  108; 
1806,  p.  1()2;  1870,  p.  294. 

Boundary  between  Lake  and  Yolo— Sec.  3917. 


§§3930,3931       County  Boundaries.  838 

AMADOR. 

§  3930.  Beginning  at  southwest  corner,  in  tlie 
Mokelumne  River,  on  the  eastern  boundary  of  San 
Joaquin,  as  established  in  Section  39.32;  thence  up 
said  river  to  its  junction  with  the  north  fork  of  the 
same;  thence  up  the  said  north  fork  to  thq  line  of 
Alpine,  being  at  a  point  south  of  the  common  cor- 
ner of  Amador,  Alpine  and  El  Dorado,  which  is  in 
the  center  of  the  Amador  and  Nevada  road,  in  front 
of  Z.  Kirkwood's  house,  as  established  in  Section 
3931;  thence  north  by  the  line  of  Alpine  to  said 
common  corner;  thence  westerly  along  said  road 
to  a  point  east  of  tlie  source  of  the  South  Forlv  of 
the  South  Fork  of  the  Cosumnes  River;  thence 
west  to  said  source;  thence  down  the  South  Fork 
of  the  South  Fork  and  the  South  Fork  and  the 
main  Cosumnes  River  to  the  eastern  line  of  Sac- 
ramento, as  established  in  Section  3928;  thence  by 
eastern  lines  of  Sacramento  and  San  Joaquin  to 
the  place  of  beginning. 

County  seat— Jackson. 

Basis  of  section— Stats.  18.">4,  p.  46:  185.5.  pp.  113, 
134;  1857,  p.  251;  1863,  p.  231;  1864,  p.  178. 

ALPINE. 
§  3931.  Beginning  at  north  corner,  at  a 
point  where  the  State  line  crosses  the  east  summit 
of  tlie  Sierra  Nevada  mountains,  being  the  most 
easterly  corner  of  El  Dorado;  thence  southwest- 
erly, along  said  summit  to  a  point  two  miles  west 
of  .James  Green's  house,  in  Hope  Valley,  called 
Thompson's  Peak:  thence  southwesterly,  in  a  direct 
line,  to  a  point  on  the  Amador  and  Nevada  turn- 
pike road,  in  front  of  Z.  Kirkwood's  house,  being 
common  coi'ner  of  Amador,  Alpine  and  El  Dorado; 
thence  south,  across  the  North  Fork  of  the  Mo- 
kelumne  River,  to  the  road  leading  from  West 
Point,  in  Calaveras,  to  Big  Tree  road,  near  the  Big 
Meadows;  thence  easterly,  along  said  West  Point 
road  to  the  Big  Tree  road;  tlience  easterly,  in  a 
direct  line  to  where  the  Sonora  trail  strikes  the 
Middle  Fork  of  the  Stanislaus  River;  thence  east- 
erly, along  said  trail  to  the  summit  of  the  Sierra 
Nevada  mountains;  laeuce  northerly,  along  said 
summit  to  the  dividing  ridge  between  West  Wal- 
ker and  Carson  Rivers;  thence  northeasterly,  along 
said  dividing  ridge  to  the  State  line,  forming  east- 


839  County  Boundaries.  §  3932 

erly  corner  of  Alpine  and  northerly  corner  of 
Mono;  thence  northwest  along  said  State  line  to 
the  place  of  beginning. 

County  seat — Silver  Mountain. 

Basis  of  section— Stats.  1864,  p.  178;  18GG.  p.  144; 
1870,  p.  20, 

SAN    JOAQUIN. 

§  3932.  Beginning  at  the  junction  of  the  San 
Joaquin  and  Mokelumne  Rivers,  on  the  line  of  Sac- 
ramento county;  thence  up  the  latter  to  the  mouth 
of  Dry  Creek;  thence  up  Dry  Creek  to  the  south- 
east corner  of  Sacramento,  as  established  in  Sec- 
tion 3928;  tlience  southeasterly,  to  a  point  on 
Mokelumne  Kiver,  being  the  point  of  beginning  of 
survey  of  Boucher  and  Wallace  of  line  between 
San  Joa(iuin  and  Calaveras  counties,  May,  eighteen 
hundred  and  sixty-four;  thence  southeasterly,  on 
the  line  of  said  survey,  to  the  extreme  northern 
corner  of  Stanislaus  county,  on  north  side  of  and 
near  to  Calaveras  Rivei",  at  a  point  on  western  line 
of  liange  Ten  east.  Mount  Diablo  meridian,  as  es- 
tablished by  survey  of  George  E.  Drew,  approved 
May,  eighteen  hundred  and  sixty,  shown  on  map 
of  said  survey;  tlaence  south,  on  said  range  line,  to 
Stanislaus  River;  thence  down  said  river  to  its 
conrtuence  witli  the  San  Joaquin;  thence  south- 
west to  the  summit  of  the  Coast  Range,  as  shown 
on  survey  and  map  of  Wallace  and  Stakes 
May,  1868,  and  forming  the  common  cor- 
ner of  San  Joaquin,  Stanislaus,  Santa  Clara 
and  Alameda,  as  shown  also  on  map  of 
Boardman  and  Stakes.  Jul.v,  eighteen  hun- 
dred and  sixty-eight;  thence  northwesterly,  follow- 
ing the  summit  of  the  said  Coast  Range  to  a  post 
near  tlie  niiddle  of  Section  Thirty-two,  Township 
Four  south,  Range  Four  east;  thence  north  to  the 
southeast  corner  of  Contra  Costa,  being  a  point  on 
•the  west  channel  of  the  San  Joaquin  River,  as  laid 
down  on  (5!ibbe's  map,  at  a  bend  where  the  said 
west  cliannel,  i-unniug  downward,  takes  a  genei'al 
course  north,  which  point  is  sliown  on  map  of 
Boardman  and  Stakes,  July,  eigliteen  hundred  and 
sixty-eight;  thence  down  the  said  west  cliannel  to 
its  confluence  with  the  main  river;  thence  down 
said  river  to  the  place  of  beginning. 

County  seat— Stockton. 

Basis  of  section—Stats.  1851,  p.  175;  1852,  pp. 
178,  180:  1860,  p.  34. 


§§  3933, 3934       County  Boimdaries.  840 

STANISLAUS. 

§  3933.  Beginning  at  common  corner  of  Stan- 
islaus, Santa  Clara,  Alameda  and  San  Joaquin,  on 
the  summit  of  Mount  Boardman,  of  the  Mount 
Diablo  range,  as  shown  on  survey  and  map  of 
Wallace  ami  States,  May,  eighteen  hundred  and 
sixty-eight;  thence  southeasterly,  on  the  summit 
line  of  said  range,  being  eastern  line  of  Santa 
Clara,  to  the  northwest  corner  of  Merced,  forming 
the  southwest  corner  of  Stanislaus,  as  established 
by  survey  and  map  of  A.  J.  Stakes.  July,  eighteen 
hundred  and  sixty-eight;  thence  northeasterly,  on 
line  as  established  by  said  last-named  survey,  to 
the  junction  of  the  Merced  and  San  Joaquin 
Eivers;  thence  down  the  San  Joaquin  seven  miles; 
thence  in  a  direct  line  a  little  north  of  east  to  a 
monument  established  by  survey  of  A.  J.  Stakes, 
being  on  the  summit  of  the  ridge  between  Merced 
and  Stanislaus,  and  marking  common  cornerof  Tu- 
olunme,  Merced.  T*Iariposa  and  Stanislaus;  thence 
northwesterly,  in  a  direct  line,  and  crossing  the 
Stanislaus  River,  to  monument  established  by  sur- 
vey and  map  of  (ieorge  E.  Drew,  May,  eighteen 
hundred  and  sixty,  on  the  north  bank  of  said  last- 
named  river;  thence  northwesterly,  on  line  of  said 
survey,  to  its  intersection  with  western  line  of 
Kange  Ten  east.  Mount  Diablo  meridian,  which 
point  is  marked  by  a  monument  establishing  the 
north  corner  of  Stanislaus  county;  thence  south, 
on  said  range  line,  to  Stanislaus  River;  thence 
down  the  latter  to  its  mouth,  in  San  Joaquin 
River;  thence  southwesterly,  on  line  as  surveyed 
and  mapped  by  Wallace  and  Stakes.  May.  eighteen 
hundred  and  sixty-eight,  to  the  place  of  beginning. 

County  seat— Modesto. 

Basis  of  section— Stats.  1854,  p.  40;  1855,  p.  245; 
1860,  p.  34;  1870.  p.  776. 

MERCED. 
§  3934.  Beginning  at  northwest  corner,  being 
southwest  corner  of  Stanislaus,  as  shown  on  sur- 
vey and  map  of  A.  .7.  Stakes,  eighteen  hundred  and 
sixty-eight;  thence  northeasterly,  on  southern  line 
of  Stanislaus,  as  described  in  Section  3933.  to  com- 
mon corner  of  Tuolumne,  Mariposa,  Merced  and 
Stanislaus,  as  established  in  said  section;  thence 
southeasterly,  by  direct  line,  being  western  line  of 
Mariposa,  to  Phillips'   Ferry,   on   Merced     River; 


841  County  Boundaries.      §§3935,3936 

thence  southeasterly,  on  line  of  Mariposa,  being 
line  shown  on  "Map  of  Mariposa  County,  to 
iSewton's  Crossing  on  Chowcliilla  Creek,  forming 
southeast  corner;  thence  down  the  northern  side 
and  on  higli  water  mark,  being  on  line  of  Fresno, 
to  the  lower  clump  of  cottonwood  timber  at  the 
sink  of  said  creek;  thence  south,  forty-five  degrees 
Avest,  to  the  eastern  line  of  Monterey,  on  summit 
of  Coast  liange.  forming  soutliwest  corner;  thence 
northwesterly,  by  said  summit  and  line  of  Mon- 
terey and  Santa  Clara,  to  the  place  of  beginning. 

County  seat — Snelling. 

Basis  of  section— Stats.  1855,  p.  125;  1856,  p.  183; 
1866,  p.  172;  1868,  p.  56. 

MONO. 

§  3935.  Beginning  at  north  corner  of  State  line, 
being  east  corner  of  Alpine,  as  established  in  Sec- 
tion 3931;  thence  southAAesterly,  on  the  easterly 
line  of  Alpine,  as  established  in  Section  3931;  to 
the  main  summit  of  the  Sierra  Nevada  mountains; 
thence  southerly,  along  said  summit,  on  easterly 
line  of  Alpine.  Tuolumne  and  Fresno,  to  a  point 
where  the  northern  line  of  Township  Six  south, 
Mount  Diablo  base,  intersects  said  summit  line, 
forming  southwest  corner;  thence  east,  on  said 
township  line,  being  the  northern  line  of  Inyo,  to 
the  eastern  line  of  tlie  State,  forming  southeast 
corner;  thence  northwest;  on  the  State  line,  to  the 
place  of  beginning. 

County  seat— Bridgeport. 

Basis  of  section— Stats.  1861.  p.  235;  1864.  pp.  30, 
IfcS;  1866,  pp.  144,  335;  1870,  pp.  20,  421. 

CALAVERAS. 
§  3936.  Beginning  at  southern  corner,  at  a 
l^oini  in  tlie  Stanislaus  River  where  it  intersects 
the  eastern  line  of  Stanislaus  Count.y,  as  estab- 
lished in  Section  3933,  being  a  point  one  mile  north 
of  Knight's  Ferry,  and  being  the  western  corner 
of  Tuolumne  County;  thence  up  said  river  and 
north  fork  thereof,  to  the  easterly  line  of  Alpine, 
as  establislied  in  section  3931;  tlience  northerly, 
on  the  line  of  Alpine,  to  the  southeast  corner  of 
Amador,  as  established  in  Sections  3930  and  3931; 
thence  southAAOsterly.  on  the  southern  line  of  Am- 
ador, down  tlie  Mokelumne  River,  to  the  south- 
Pol.  Code— 71. 


^§  3937,  8938      County  Boundaries.  842 

west  corner  of  Amador,  on  eastern  line  of  San 
Joaquin  County;  thence  southerly  and  southeast- 
erly, on  line  of  San  .loaquin  and  Stanislaus,  as  es- 
tablished in  Sections  ,3932  and  3933,  to  the  place  of 
beginning. 

County  seat— San  Andreas. 

Basis  of  section:  Stats.  18^1,  p.  175:  1854,  p.  46; 
1855,  p.  134;  1861,  p.  235;  1864,  p.  178. 

TUOLUMNE. 

§  3937.  Beginning  at  the  most  western  corner, 
being  the  southern  corner  of  Calaveras,  as  estab- 
lished in  section  3936,  in  Stanislaus  River;  thence 
southeasterly  to  common  corner  of  Merced,  Mari- 
posa, Stanislaus,  and  Tuolumne,  as  established  in 
section  3933;  thence  easterly,  on  northern  line  of 
Mariposa,  following  summit  line  of  the  dividing 
ridge  between  Tuolumne  and  Merced  Rivers,  to 
Mount  Lyell,  as  marked  on  Warren  Holt's  map, 
eighteen  "hundred  and  sixty-nine,  and  the  summit 
of  the  Sierra  Nevada  Mountains,  being  on  the 
western  line  of  Mono  and  common  corner  of  Tuol- 
unme,  Mariposa,  and  Fresno;  thence  northerly  by 
the  line  of  Mono,  being  the  summit  line  of  the 
Sierra  Nevada  Mountains,  to  the  southern  corner 
of  Alpine,  as  established  in  section  3931;  thence 
northwesterly  by  the  line  of  Alpine  to  the  south- 
eastern corner  of  Calaveras;  thence  westerly  on 
the  line  of  Calaveras  and  down  the  Stanislaus 
River,  to  the  place  of  beginning. 

County  seat — Sonora. 

Basis  of  section:  Stats.  1851,  p.  175;  1855,  p.  245; 
1859,  p.  213;  1864,  p.  178:  1866,  p.  144;  1870,  p.  20. 

MARIPOSA. 
§  3938.  Beginning  at  the  initial  point  of  Fresno 
County,  being  wliere  the  Stockton  Road  to  Miller- 
ton  crosses  the  Cliowchilla  Creelv,  known  as  New- 
ton's Crossing;  tlience  north  forty-five  degrees 
east,  to  the  southwest  corner  of  Section  Eleven, 
Township  Six  south,  Range  Twenty  east.  Mount 
Diablo  base  and  meridian;  thence  east,  following 
section  lines  to  main  ridge  between  waters  of  Big 
Creek  and  Fresno  River;  thence  easterly,  on  the 
main  ridge  whicla  divides  the  waters  of  the  Merced 
and  San  Joaquin  Rivers,  to  the  intersection  of  the 
same  with  the  summit  line  of  the  Sierra  Nevada 


S43  County  Boundaries.  §  3939 

Mountains  and  western  line  of  Mouo,  tlie  same 
point  forming  common  corner  of  Tuolumne,  Fres- 
no, and  Mariposa,  as  described  in  Section  3937; 
thence  westerly,  by  the  southern  boundary  of 
Tuolumne,  to  the  southwest  corner  thereof,  being 
common  corner  of  Stanislaus,  Merced,  Tuolumne, 
and  Mariposa;  thence  soutlieasterly,  on  western 
line  of  Merced,  as  establislied  in  Section  3934,  to 
the  place  of  beginning. 

County  seat— Mariposa. 

Basis  of  section:  Stats.  18.51,  p.  175;  18.52,  p.  240; 
1855,  p.  125;  1856,  p.  183;  1861,  p.  235;  1870,  pp.  20, 
449. 

Boundary  line  of  Mariposa  and  Fresno  Counties: 
Act  to  better  define,  in  Stats.  1872,  p.  891;  amd.  by 
Stats.  1874,  p.  100. 

FRESNO. 
§  3939.  Beginning  at  southeast  corner  of  Mer- 
ced and  southwest  corner  of  Mariposa,  being  a 
point  where  the  Stocliton  road  to  Millerton  crosses 
the  Chowchilla  Creek,  known  as  Newton's  Cross- 
ing; thence  westei'ly  down  said  stream,  on  the 
north  side,  on  line  of  high-Avater  mark,  being  on 
southeastern  line  of  Merced,  to  the  lower  clump 
of  Cottonwood  timber  at  the  sink  of  said  creek; 
thence  south,  forty-flve  degrees  west,  and  on  line 
of  Merced,  to  the  eastern  boundary  line  of  Monte- 
rey, as  described  in  section  3948,  being  on  summit 
of  Coast  Range;  thence  following  said  boundary 
line  on  said  summit,  in  a  southeasterly  direction  to 
a  point  in  the  same,  which  point  is  south  forty-five 
degrees  west  from  the  point  on  King's  River  where 
nortlieru  line  of  Township  Sixteen  South  crosses 
the  same,  thence  north,  forty-five  degrees  east,  to 
said  point  on  King's  River;  thence  east,  along 
northern  line  of  Township  Sixteen  South,  to  the 
dividing  ridge  between  the  waters  of  King's  River 
and  Kawdah  River;  thence  easterly,  on  the  said 
dividing  ridge,  to  tlie  summit  of  the  Sierra  Nevada, 
being  the  Avestern  line  of  Inyo;  thence  northwest- 
erly, on  tlie  summit  line  and  lines  of  Inyo  and 
Mono,  to  Mount  Lyell,  the  common  corner  of  Tu- 
olumne, Mariposa,  and  Fresno;  thence  westerly 
and  southwesterly,  on  the  southeasterly  line  of 
Mariposa,  as  established  in  section  3938,  to  the 
place  of  beginning. 


§§  3940,3941      County  Boundaries.  844 

Basis  of  section:  Stats.  1856,  p.  183;  1861,  p.  235; 
1866,  pp.  144,  355;  1870,  pp.  20,  421,  449. 

Boundary  line  of  Mariposa  and  Fresno  Counties: 
Sec.  3938. 

County  line  between  Fresno  and  Tulare — Act  to 
establisli.  Stats.  1876,  p.  397,  superseding-  like  Act 
in  Stats.  1874,  p.  700. 

County  seat  of  Fresno — permanently  located  at 
town  of  Fresno:    Stats.  1874,  p.  913. 

TUIiARE. 

§  3940.  Beginninc:  at  southwest  corner,  being 
common  corner  of  Monterey.  San  Luis  Obispo, 
Kern,  and  Tulare,  and  being  the  point  where  the 
line  of  the  Sixth  Standard  Soutli  crosses  the  sum- 
mit line  of  the  Mount  Diablo  Bange  of  mountains; 
thence  east,  on  said  standard,  to  the  point  of  in- 
tersection with  summit  line  of  the  Sierra  Nevada 
Mountains,  forming  the  southeast  corner  of  Tulare 
and  southwest  corner  of  Inyo;  thence  northwest- 
erly, on  said  summit,  being  on  the  western  line  of 
Inyo,  to  the  east  corner  of  Fresno,  as  established 
in  section  3039;  thence  on  the  southern  line  of 
Fresno  to  the  eastern  line  of  JNIonterey;  thence 
southerly,  on  the  line  of  Monterey,  as  established 
in  section  3948,  to  the  place  of  beginning. 

County  seat— Visalia. 

Basis  of  section:  Stats.  1851,  p.  173;  1852,  p.  240; 
1856,  p.  183;  1864,  p.  528;  1866,  pp.  355,  796. 

Boundary  line  between  Tulare  and  Fresno  Coun- 
ties:   See  sec.  3937. 

KEBX. 

§  3941.  Beginning  at  northwest  corner,  being 
common  corner  of  San  Luis  Obispo,  Monterey.  Tu- 
lare, and  Kern,  as  established  in  section  3940; 
thence  east,  on  Sixth  Standard  South,  Mount  Di- 
ablo base,  to  the  nortlnvest  corner  of  San  Bernar- 
dino, as  established  in  section  3943;  thence  south, 
on  the  westerly  line  of  San  Bernardino,  to  southern 
line  of  Township  Nine  North.  San  Bernardino 
base,  forming  southeast  corner;  thence  west  along 
said  line  and  extension  thereof  to  the  summit  of 
tlie  Coast  Range,  being  on  tlie  line  of  Santa  Bai*- 
bara,  forming  southwest  corner:  thence  north- 
westerly, on  "said  summit  line,  being  eastern  line 
of  Santa  Barbara  and  San  Luis  Obispo,  to  the 
pl.ice  of  beginning. 

County  seat— Ha  Vila  h. 


845  County  Boundaries.      §§  3942, 3943 

Basis  of  section:  Stats.  1866,  p.  796.  County  seat 
lias  been  changed  to  Balcersfield. 

Act  fixing  boundary  between  San  Luis  Obispo 
and  Kem  counties:  See  General  Laws,  title 
"County  Boundaries." 

INYO. 

§  3942.  Beginning  at  the  southeast  corner  of 
Tulare,  as  established  in  section  3940,  being  the 
point  of  intersection  of  Sixth  Standard  South, 
Mount  Diablo  base,  with  summit  line  of  Sierra 
Nevada  Mountains;  thence  east,  by  said  standard 
and  extension  thereof,  to  the  eastern  line  of  the 
State,  forming  southeast  corner;  thence  northwest- 
erly, on  State  line,  to  the  southeast  corner  of  Mono, 
as  established  in  Section  3935;  thence  west  on  the 
southern  line  of  Mono  to  the  summit  of  the  Sierra 
Nevada  Mountains,  being  -on  the  eastern  line  of 
Fresno,  and  forming  the  southwest  corner  of  Mono 
and  northwest  corner  of  Inyo;  thence  southeasterly 
on  said  summit  line  to  the  place  of  beginning. 

County  seat — Independence. 

Basis  of  section:  Stats.  186G,  p.  355;  1870,  pp.  20, 
421. 

SAN  BERNARDINO. 

§  3943.  Beginning  at  the  southwest  corner,  a 
little  nortliwesterly  of  Laguna  Temecula,  at  a 
point  on  the  northern  line  of  San  Diego,  as  estab- 
lished in  section  3944,  where  a  south  line  drawn 
from  the  highest  pealc  of  the  Sierra  de  Santiago 
intei'sects  tlie  said  boundary  line;  thence  north- 
Avesterly  on  the  summit  of  said  Sierra  to  the  Santa 
Anna  River,  between  the  ranch  of  Sierra  and  the 
residence  of  Bernardo  Yerba;  thence  across  the 
Santa  Anna  River  along  the  summit  of  the  range 
of  hills  that  lie  between  the  Cayotes  and  Chino 
(leaving  the  ranchos  Gutiveras  and  Ybana  to  the 
west  of  tliis  line)  to  the  southwest  corner  of  the 
ranch  San  Jose;  thence  northerly  along  the  eastern 
boundaries  of  said  ranch  and  of  San  Antonio  and 
the  western  and  northern  boundaries  of  Cucai- 
monga  rancli  to  tlie  ravine  of  Cucaimonga;  thence 
iQortherly  up  said  ravine  to  its  source  in  the  Coast 
Range;  thence  nortli,  on  the  easterly  line  of  Los 
Angeles  and  Kern,  to  the  Sixth  Standard  South, 
Mount  Diablo  base,  being  tlie  northeast  corner  of 
Kern  and  northwest  corner  of  San  Bernardino; 
thence  east  by  said  standard  line  and  extension 
thereof  to  the  State  line;  thence  southeasterly  on 


§§3944,3945      County  Boundaries.  846 

said  State  line  to  the  Colorado  River;  thence  down 
said  river  to  the  northern  boundary  line  of  San 
Diego  County;  thence  westerly  along  the  northern 
boundary  line  of  San  Diego  County,  as  established 
in  section  3944.  to  the  place  of  beginning. 

County  seat— San  Bernardino. 

Basis  of  section:  Stats.  1853,  p.  119;  1857,  p.  165; 
1866,  pp.  355,  796;  1868,  p.  604. 

SAN  DIEGO. 

§  3944.  Beginning  at  south  corner  of  Los  Ange- 
les in  the  Pacilic  Ocean,  opposite  San  Mateo  Point; 
thence  northerly  along  the  western  line  of  Rancho 
Santa  Margarita  to  the  southern  line  of  Mission 
Viejo  or  La  Paz;  thence  along  the  southern  and 
eastern  line  of  La  Paz  to  a  point  two  miles  north 
of  the  south  boundary  line  of  Township  Seven 
South,  Range  Six  West,  San  Bernardino  base  and 
meridian;  thence  northeasterly,  to  the  southwest 
corner  of  San  Jacinto  Nuevo,  in  Township  Four 
South,  Range  Four  West;  thence  north  along  west 
boundary  of  said  rancho  to  line  between  Town- 
ships Three  and  Fourth  Soutii;  thence  east  to  line 
between  Ranges  Two  and  Three  West;  thence 
north  on  range  line  to  a  point  where  a  line  parallel 
Avith  the  southern  boundary  between  the  United 
States  and  Mexico  will  just  clear  the  Rancho  San 
Jacinto  Viejo;  thence  northeasterly  along  such 
parallel  line  to  the  Colorado  River;  thence  down 
thai  river  to  its  junction  witli  the  boundaiy  line 
between  the  United  States  and  Mexico;  thence 
westerly,  following  that  boundary  line  into  the  Pa- 
cific Ocean;  thence  northerly  to  place  of  begin- 
ning. 

County  seat— San  Diego. 

Basis  of  section:    Stats.  1851,  p.  172;  1866,  p.  604. 

LOS  ANGELES. 
§  3945.  Beginning  at  southeast  corner  of  Santa 
Barbara,  in  the  Pacific  Ocean,  at  a  point  on  ex- 
tension line  of  the  northern  boundary  of  the 
rancho  called  Malaga,  western  corner;  thence 
northeasterly,  so  as  to  include  said  rancho.  to  the 
northwest  corner  of  the  rancho  called  Triumfo, 
running  on  northerly  line  of  the  same  to  the  north- 
east corner  thereof;  thence  to  the  summit  of  the 
ridge  of  hills  called  Santa  Susanna;  thence  in  a 
direct  line  northwesterly,  to  the  southwest  corner 


847  County  Boundaries.      §§  3946, 3947 

of  Kern,  as  established  in  section  3941,  forming 
the  northwest  corner  of  Los  Angeles;  thence  east, 
on  southern  line  of  Kern  to  the  Avestern  line  of 
San  Bernardino,  as  established  in  section  3943; 
thence  southerly,  on  western  line  of  San  Bernar- 
•  <lino  to  its  point  of  intersection  with  northern  line 
of  San  Diego,  as  established  in  said  section;  thence 
southwesterly,  on  San  Diego  line,  as  established  in 
section  3944,  to  northwest  corner  of  San  Diego,  in 
Pacific  Ocean;  tlience  northwesterly,  along  ocean 
shore  to  place  of  beginning;  including  the  Islands 
of  Santa  Catalina,  San  Clement,  and  the  islands  off 
the  coast  included  in  Los  Angeles  County. 

County  seat-Los  Angeles. 

Basis  of  section:  Stats.  1851,  p.  172;  1853,  p.  119; 
185G,  i).  53;  1857,  p.  105;  18G8,  p.  604. 

SANTA  BARBARA. 

§  3946.  Beginning  at  the  western  corner  of  Los 
Angeles,  as  established  in  section  3945;  thence 
northerly,  on  westerly  line  of  Los  Angeles,  as  de- 
scribed in  said  section,  to  tlae  northwest  corner 
thereof,  on  the  summit  of  the  Coast  Range,  being 
also  the  southwest  corner  of  Kern,  as  established 
in  section  .3941;  thence  northwesterly,  on  the  sum- 
mit line,  being  also  on  western  boundary  of  Kern, 
to  a  point  of  intersection  with  the  southern  line 
of  Township  Ten  North,  San  Bernardino  base; 
thence  west,  on  said  toAvnship  line,  to  the  Santa 
Maria  River;  thence  down  said  river;  and  down 
the  creelc  which  divides  that  part  of  Gaudalupe 
Rancho  known  as  La  Larga  from  that  linown  as 
Oso  Flacco,  to  a  point  in  the  Pacific  Ocean  oppo- 
site the  mouth  of  said  creelv,  forming  northwest 
corner;  tlience  soiitheasterly,  by  the  ocean  shoi'e, 
to  the  place  of  beginning;  including  the  islands 
of  Santa  Barbara.  San  Nicolas,  San  Miguel,  Santa 
Rosa,  and  Santa  Cruz. 

County  seat — Santa  Barbara. 

Basis  of  section— Stats.  1851,  p.  173;  1852,  p.  218; 
1854,  p.  148;  1S66.  p.  796. 

Creation  of  Ventura  County — out  of  the  eastern 
part  of  Santa  Barbara  County,  Stats.  1872,  p.  484. 

SAN  LUIS  OBISPO. 
§  3947.    Beginning  in  I'acific  Ocean,  at  north- 
western corner  of  Santa  Barbara,  as  established 
in  section  3946;  thence  easterly,  on  the  northern 


§§3948,3949      County  Boundal-ies  848 

line  of  Santa  Barbara,  up  the  Santa  Maria  River, 
to  intersection  of  soutliern  line  of  Township  Ten 
North,  San  Bernardino  base;  thence  east  on  said 
line  to  point  on  summit  of  Coast  Range,  forming 
the  southeast  corner,  also  northeast  corner  of 
Santa  Barbara:  thence  northwesterly  on  summit 
line,  being  Avestern  line  of  Kern,  to  it's  intersection" 
with  Sixth  Standard  South,  Mount  Diablo  base, 
between  the  common  corner  of  Tulare.  Kern.  Mon- 
terey, and  San  Luis  Obispo;  thence  west  on  said 
standard  line  and  extension  thereof  to  the  Pacific 
Ocean;  thence  southerly  along  the  shore  to  the 
place  of  beginning. 

County  seat — San  Luis  Obispo. 

Basis  of  section:  Stats.  1851.  p.  173;  1854,  p.  148; 
1861,  p.  349;  1863,  p.  358;  1866,  p.  796. 

See  the  act  fixing  the  boundary  between  San 
Luis  01)is]io  and  Kern  counties,  approved  March 
14,  1885;  Stats.  1885,  p.  139. 

MONTEREY. 

§  3948.  Beginning  in  Pacific  Ocean,  at  south- 
west corner  of  Santa  Cruz,  as  established  in  .sec- 
tion 3949;  thence  west  to  the  mouth  of  Pajaro 
River,  on  the  Bay  of  Monterey;  thence  up  said 
stream  to  its  .source,  the  small  lalie  San  Felipe; 
thence  along  the  northern  and  western  banks  of 
Baid  lalie  to  the  Creelv  San  Felipe;  thence  east  to 
the  summit  line  of  the  Coast  Range,  forming  north- 
eastern corner;  thence  southeasterly  along  the 
summit  of  the  Coast  Range  to  the  Sixth  Standard 
South,  Mount  Diablo  base,  being  the  common  cor- 
ner of  San  Luis  Obispo,  Kern,  Tulare,  and  Monte- 
rey; thence  following  the  northern  boundary  of 
San  Luis  Obispo  County,  on  said  standard  line  afid 
extension  thereof,  to  the  Pacific  Ocean;  thence 
along  the  sliore  northerly  to  the  place  of  beginning. 

County  seat — Monterey. 

Basis  of  section:  Stats.  1851.  p.  173;  1855,  p.  125; 
185G,  p.  183;  1861,  p.  349;  1863,  p.  358:  1870.  p.  411. 

Creation  of  San  Benito  County — out  of  the  east- 
ern part  of  Monterey  County,  Stats.  1874,  p.  95; 
supplementary  act.  Stats.  1874,  p.  428,  amd.  by 
Stats.  1876,  p.  177.  See  General  Laws,  title 
"County  Boundaries." 

SANTA  CRUZ. 
§  3949.    Beginning  at  the  south  corner  of  San 


849  County  Boundaries.  §  3950 

Mateo  County,  at  a  point  in  the  Pacific  Ocean 
south  forty-five  dej?rees  west,  three  miles  from  the 
intersection  of  the  east  line  of  Rancho  Puntadel 
Auo  Nueva  with  said  ocean,  forming  western  cor- 
ner; thence  nortli,  forty-five  degrees  east,  to  said 
point  of  intersection;  thence  northerly,  following 
the  eastern  line  of  said  rancho,  to  its  intersection 
with  the  south  line  of  Township  Eight  South, 
Range  Four  West,  Mount  Diablo  base  and  merid- 
ian; thence  east  to  the  southeast  corner  of  said 
township;  thence  north  to  the  northeast  corner  of 
Section  Twenty-five  of  said  township;  thence  east 
to  the  northeast  corner  of  Section  Twenty-six, 
Township  Eight  South,  Range  Three  West;  thence 
north  to  the  summit  of  Santa  Cruz  Mountains, 
being  western  line  of  Santa  Clara  County;  thence 
southeasterly  along  the  summit  of  said  mountains 
on  the  western  line  of  Santa  Clara,  to  the  Pajaro 
River,  forming  southeast  corner,  on  northern  line 
of  Monterey;  thence  westerly  along  said  river,  on 
northern  line  of  Monterey,  to  the  Bay  of  Monterey, 
and  three  miles  westerly  into  the  ocean,  forming 
southwest  corner;  thence  northwesterly  along  the 
shore  to  the  point  of  beginning. 
County  seat— Santa  Gruz. 

Basis  of  section— Stats.  1851,  pp.  173,  174;  1868, 
p.  174. 

SAN  FRANCISCO  CITY  AND  COUNTY). 
§  3950.  Beginning  at  the  southwest  corner,  be- 
ing northwest  corner  of  San  Mateo,  in  Pacific 
Ocean,  on  the  extension  of  northern  line  of  Town- 
ship Three  South,  of  Mount  Diablo  base;  thence 
northerly  along  the  Pacific  Coast,  to  its  point  of 
intersection  with  westerly  extension  of  low  water 
line  on  northern  side  of  the  entrance  to  San 
Francisco  Bay,  being  southwest  corner  of  Marin 
and  northwest  corner  of  San  Francisco;  thence 
easterly,  through  Point  Bonita  and  Point  Caballo, 
to  the  most  southeastern  point  of  Angel  Island, 
all  on  the  line  of  Marin,  as  established  in  section 
3957;  thence  northerly,  along  the  easterly  line  of 
Marin,  to  the  northwest  point  of  Golden  Rock  (also 
known  as  Red  Rock),  being  a  common  corner  of 
Marin,  Contra  Costa,  and  San  Francisco;  thence 
due  southeast  four  and  a  half  miles,  more  or  less, 
to  a  point  distant  three  statute  miles  from  the  na- 


§§  3951,3952      County  Boundaries.  850 

tural  high  water  mark  on  the  eastern  shore  of 
San  Francisco  Bay,  being  a  common  corner  of 
Contra  Costa,  Alameda,  and  San  Francisco;  thence 
southeasterly,  in  a  direct  line,  to  a  point  three 
miles  from  said  eastern  shore,  and  on  the  line  first 
named  (considered  as  extending  across  said  bay); 
and  thence  west  along  said  first  named  line  to  the 
place  of  beginning.  The  islands  linown  as  the 
Farralones  shall  be  attached  to  and  be  a  part  of 
said  city  and  county. 

See  Stats.  1S51,  p.  174. 

SAN  MATEO. 

§  3951.  Beginning  at  the  southwest  corner,  be- 
ing the  west  corner  of  Santa  Cruz  County,  as  es- 
tablished in  section  thirty-nine  hundred  and  forty- 
nine;  thence  on  nortliwestern  line  of  Santa  Cruz, 
as  established  in  said  section,  to  the  southwestern 
line  of  Santa  Clara,  being  the  summit  line  of  the 
Santa  Cruz  Mountains;  thence  northwesterly  by 
said  summit  line  to  the  source  of  San  Francisquito 
Creek;  thence  down  the  south  branch  thereof,  and 
down  said  creek  to  its  mouth;  thence  to  a  point  in 
the  middle  of  San  Francisco  Bay,  opposite  said 
mouth,  forming  common  (.-orner  of  San  Mateo, 
Santa  Clara,  and  Alameda;  thence  in  a  direct  line 
to  a  point  in  the  center  of  ship  channel  in  the  Bay 
of  San  Francisco,  west  of  and  opposite  to  Dum- 
barton Point;  thence  in  a  direct  line  to  the  south- 
east corner  of  San  Francisco  City  and  County,  as 
established  in  section  thirty-nine  hundred  and 
fifty;  thence  due  west,  on  the  southern  line  of 
San  Francisco  City  and  County,  to  the  southwest 
corner  thereof;  thence  southerly  along  the  ocean 
shore  to  the  point  of  beginning.  The  eastern 
boundary  of  San  Mateo  County  shall  be  the  west- 
ern boundary  of  Alameda  County,  in  so  far  as  the 
same  borders  on  San  Mateo  County. 

Coimty  seat— Redwood  City.  [Amendment  ap- 
proved March  14.  1878:  Amendments  1877-8,  71. 
In  effect  March  14,  1878.] 

Before  amendment  1878— reconstructing  descrip- 
tion of  boundary,  section  based  on  Stats.  1856.  p. 
176;  1857,  ix  222;  1868,  p.  174. 

SANTA  CLARA. 
§  3952.    Beginning    at    a    point    opposite     the 
mouth  of  San  Francisquito  Creek,  being  common 


851  County  Boundaries.  §  3953 

corner  of  Alameda,  San  Mateo,  and  Santa  Clara, 
as  established  in  section  3951;  thence  easterly,  to 
a  point  at  the  head  of  a  slough,  which  is  an  arm 
of  the  Bay  of  San  Francisco,  at  its  head,  malving 
Into  the  main  land  in  front  of  the  Gegara  Ranches; 
thence  easterly,  to  a  lone  sycamore  tree  that 
stands  in  a  ravine  between  the  dwellings  of  Flu- 
hencia  and  Valentine  Gegara;  thence  easterly,  up 
said  ravine,  to  the  top  of  the  mountains,  and  as  Sur- 
veyed by  Horace  A.  Higley,  and  shown  on  survey 
and  map  of  Alameda  County,  eighteen  hundred 
and  fifty-seven;  thence  on  a  direct  line  easterly, 
to  the  common  corner  of  San  Joaquin,  Stanislaus, 
Alameda,  and  Santa  Clara,  on  the  summit  of  the 
Coast  Range,  as  established  in  section  3932;  thence 
southeasterly,  following  the  summit  of  the  Coast 
Range,  to  tlie  northeast  corner  of  Monterey  Coun- 
ty, as  established  in  section  3948;  thence  westerly, 
following  the  northern  boundary  of  Monterey 
County  to  the  southeast  corner  of  Santa  Cruz 
County,  as  established  in  section  3949;  thence 
northwesterly,  following  the  summit  of  the  Santa 
Cruz  Mountains,  to  the  head  of  San  Francisquito 
Creek;  thence  down  said  creeli,  to  its  mouth; 
thence  in  a  direct  line  to  the  place  of  beginning. 

County  seat— San  Jose. 

Basis  of  section:  Stats.  1851,  p.  174;  1853,  p.  56; 
1854,  p.  40;  1855,  p.  125. 

ALAMEDA. 
§  3953.  Beginning  at  the  southwest  corner,  be- 
ing the  common  corner  of  San  Mateo,  Santa  Clara, 
and  Alameda,  as  establislied  in  section  three  thou- 
sand nine  hundred  and  fifty-one;  thence  easterly, 
on  northerly  line  of  Santa  Clara,  as  established  in 
section  tln-ee  thousand  nine  hundred  and  fifty-two, 
to  common  corner  of  San  Joaquin.  Stanislaus, 
Santa  Clara,  and  Alameda,  as  established  in  sec- 
tion three  thousand  nine  hundred  and  thirty-two; 
thence  northwesterly,  on  the  west  line  of  San  Joa- 
quin County,  to  the  slough  known  as  the  Pesca- 
dora  (being  the  west  channel  or  "Old  San  Joaquin 
River");  tlieuce  westerly,  in  a  straight  line,  until 
it  strikes  the  dividing  ridge  in  the  direction  of  the 
house  of  Joze  Harban.  in  Amador  Valley;  thence 
westerly  along  said  ridge,  crossing  the  gulch  one- 
half  mile  below  Prince's  Mill;  thence  to  and  run- 


§  3954  County  Bouudaries.  852 

ning  upon  the  dividing  ridge  between  tlie  Red- 
woods liuown  as  the  San  Antonio  and  Prince's 
Woods;  thence  along  said  ridge  to  the  head  of  the 
gulch  or  creek  (Cerreto  Creek)  that  divides  the 
ranches  of  the  Peraltas  from  the  San  Pablo 
Kanches:  thence  down  said  gulch  to  its  mouth; 
thence  southwesterly  to  the  common  corner  of 
San  Francisco,  Contra  Costa,  and  Alameda,  as  es- 
tablished by  section  three  thousand  nine  hundred 
and  tifty;  thence  southerly,  to  a  point  in  the  Bay 
of  San  Francisco  that  would  intersect  a  line  par- 
allel Avith  the  north  line  of  the  Central  Pacific 
Railroad  Company's  Avharf  (as  it  now  is),  if  ex- 
tended westerly  five  hundred  feet  towards  Yerba 
Buena  Island;  thence  southeasterly,  in  a  line  par- 
allel with  the  east  line  of  the  City  and  County  of 
San  Francisco  (which  is  the  line  now  dividing  said 
city  and  county  from  the  County  of  Alameda),  to 
its  intersection  with  the  south  line  of  said  city  and 
county,  as  established  in  section  three  thousand 
nine  hundi'ed  and  fifty;  thence  easterly  along  said 
last  mentioned  line  to  the  northeast  corner  of  San 
Mateo;  and  thence  southeasterly  along  the  eastern 
line  of  San  Mateo  to  the  place  of  beginning.  Hor- 
ace A.  Higley's  survey  map  of  Alameda  County, 
eighteen  hundred  and  fiftj'-seven,  is  declared  to 
contain  a  more  particular  description  of  the  line 
out  of  the  Bay  of  San  P'rancisco. 

County  seat— City  of  Oakland:  provided,  that 
nothing  in  this  Act  contained  shall  be  construed 
to  place  "Yerba  Buena  Island,"  or  any  part  there- 
of, outside  the  limits  of  the  City  and  County  of 
San  Francisco,  but  the  same  shall  be  deemed  to 
be  within  said  city  and  county,  and  the  westerly 
boundary  line  of  the  County  of  Alameda  shall  not 
come  within  two  thousand  and  five  hundred  feet 
of  any  part  of  said  island.  [Amendment  Approv- 
ed March  30,  1874;  Amendments  1873-4.  168.  In 
effect  in  60  days.] 

Before  amendment  1874 — which  changed  portion 
after  "doAvn  said  gulch  to  its  mouth,"  and  added 
last  paragraph,  section  founded  on  Stats.  1851,  p. 
174:  1852,  p.  178;  1853,  p.  56;  1856,  p.  145;  1857, 
p.  222. 

CONTRA  COSTA. 

§  3954.    Beginning  in  Bay  of  San  Francisco,  at 


853  County  Boundaries.  §  3955 

the  north  west  point  of  Red  Rock,  being  the  com- 
mon corner  of  Marin,  Contra  Costa,  and  San  Fran- 
cisco, as  established  in  section  3950;  thence  up  the 
Straits  and  Bay  of  San  Pablo,  on  eastern  bound- 
ary of  Marin,  to  point  of  intersection  with  line 
bearing  soutli  twenty-six  and  one-half  degrees 
east,  and  about  six  and  one-quarter  miles  distant 
from  southwest  corner  of  Napa  County,  as  estab- 
lished in  section  3958,  forming  common  corner  of 
Marin,  Solano,  Sonoma,  and  Contra  Costa,  as  es- 
tablished in  section  3955;  thence  to  the  Straits  of 
Carquinez;  thence  up  said  straits  and  Suisun  Bay, 
to  the  mouth  of  the  San  Joaquin  River;  thence  up 
said  river,  to  the  confluence  of  the  west  and  main 
channels  thereof,  as  laid  down  on  Gibbe's  map; 
thence  up  the  said  west  channel,  to  a  point  about 
ten  miles  below  Moore  and-  Rhodes'  ranch,  at  a 
bend  where  the  said  west  channel,  running  down- 
ward, takes  a  general  course  north,  the  point  being 
on  the  Avesterly  line  of  San  Joaquin  County,  and 
foriiiing  the  northeast  corner  of  Alameda  and 
southeast  corner  of  Contra  Costa;  thence  on  the 
northern  line  of  Alameda,  as  laid  down  on  Horace 
A.  Higley's  map,  and  as  established  in  section 
3953,  to  the  easterly  line  of  San  Francisco  City  and 
County,  as  established  in  section  3950;  thence  due 
northwest,  along  said  easterly  line  of  San  Fran- 
cisco, four  and  one-half  miles,  more  or  less,  to  the 
place  of  beginning. 

County  seat — Martinez. 

Basis  of  section:   Stats.  1851,  p.  174;  1852,  p.  178; 
1853,  p.  56. 

SONOMA. 

§  3955.  Beginning  at  northwest  corner,  at  a 
point  in  the  Pacific  Ocean  west  of  the  mouth  of 
Walhalla  River;  thence  east  to  the  mouth  of  said 
river,  and  up  the  main  channel  two  miles;  thence 
easterly,  in  a  direct  line,  to  the  most  northern  and 
highest  peak  or  summit  of  the  Redwood  Moun- 
tains, immediately  north  of  Cloverdale  and  Oat 
Valley;  thence  east  to  the  western  boundary  of 
Lake  County,  on  the  summit  of  the  Mayacmas 
Ridge,  forming  northeast  corner;  thence  southerly 
along  the  Mayacmas  Mountains,  and  on  the  west- 
ern lines  of  Lake  and  Napa  Counties,  to  the  west- 
erly branch  of  headwaters  of  Huichica  Creek; 
Pol.   Code— 72. 


§  3956  County  Boundaries.  854 

thence  westerly,  on  the  line  of  Napa  County,  to  the 
top  of  the  main  ridge  that  divides  Huichica 
Valley  from  the  Sonoma  Valley;  thence  southerly 
along  the  said  dividing  ridge  to  the  tule  bordering 
on  San  Pablo  Bay;  thence  southerly,  to  the  center 
of  Huichica  Creelv;  thence  down  said  creek  to  its 
mouth,  which  is  the  soiithwest  corner  of  Napa; 
thence  on  the  line  of  Solano  south,  twentj'-six  and 
one-half  degrees  east,  abovit  six  and  one-quarter 
miles  distant  from  the  mouth  of  Huichica  Creek, 
to  the  point  of  intersection  with  the  westerly  line 
of  Contra  Costa  County,  forming  common  corner 
of  Marin,  Solano,  Contra  Costa,  and  Sonoma,  as 
described  in  section  3954;  thence  following  the 
northern  boundary  of  Marin  westerly  to  the  mouth 
of  Petaluma  Creek;  thence  up  said  creek  to  the 
mouth  of  San  xV^ntonio  Creek,  thence  up  said  San 
Antonio  Creek  to  its  head;  thence  in  a  direct  line 
to  the  head  of  the  Estero  Americano,  on  the  line 
surveyed  and  established  by  William  Mock,  under 
the  direction  of  the  Surveyor  General,  in  the  year 
eighteen  hundred  and  fifty-six;  thence  down  said 
Estero  Americano  to  its  mouth;  thence  due  west 
three  miles  to  a  point  in  the  Pacific  Ocean;  thence 
northwesterly,  by  ocean  shore,  to  a  point  of  be- 
ginning. 

County  seat— Santa  Rosa. 

Basis  of  "section:  Stats.  1851,  p.  178;  1852,  p.  236; 
1855,  p.  150;  1861,  p.  361;  1868,  p.  42. 

SOLANO. 
§  3956.  Beginning  at  southwest  corner,  in  San 
Pablo  Bay.  at  common  corner  of  Contra  Costa. 
Sonoma,  Marin,  and  Solano,  as  established  in  sec- 
tion .3954;  thence  north,  twenty-six  and  one-half 
degrees  west,  about  six  and  one-quarter  miles  on 
the  western  line  of  Sonoma,  as  established  in 
section  39.55  to  the  southwest  corner  of  Napa,  at 
the  mouth  of  Huichica  Creek;  thence  east,  on 
southern  line  of  Napa,  to  the  southeast  corner 
thereof,  as  established  in  section  3958;  thence 
north,  on  line  of  Napa,  as  established  in  said  sec- 
tion, to  the  First  Standard  north;  thence  east, 
along  said  standard,  on  said  Napa  line,  to  the  sum- 
mit of  Vaca  Mountains;  thence  northerly,  on  said 
sumniit  and  Napa  line,  to  Devil's  Gate,  on  Putah 
Creek,  which  point  forms  the  northwest  corner  of 


855  County  Boundaries.  §  3957 

Solano  and  southwest  corner  of  Yolo;  thence  east- 
erly, on  line  of  Yolo,  down  said  creek  and  old  bed 
thereof,  to  its  intersection  with  western  line  of 
Kange  Three  east,  Mount  Diablo  meridian,  form- 
ing the  northeast  corner  of  Solano,  with  exterior 
angle  in  Y'olo;  thence  south,  along  line  of  Yolo,  on 
said  range  line,  two  and  seven-tenths  miles,  to 
the  north  line  of  Township  Seven  north.  Mount 
Diablo  base;  thence  east,  nine  and  seventy-two 
one-hundredths  chains,  to  northeast  corner  of  said 
township;  thence  south,  to  the  First  Standard 
north.  Mount  Diable  base;  thence  east,  on  said 
standard  line,  to  the  center  of  Sutter  Slough; 
thence  dow^n  said  slough  to  Merrit  Slough,  down 
Merrit  Slough  to  the  Sacramento  River,  down  the 
Sacramento  liiver,  about  thirteen  miles  to  Suisun 
Bay;  thence  down  the  bay,  along  the  center  of  the 
main  ship  channel,  in  a  westerly  course,  about 
eighteen  miles,  to  the  Straits  of  Carquinez;  thence 
down  the  middle  of  said  straits,  and  down  San 
Pablo  Bay,  to  the  place  of  beginning.  All  these 
courses  and  lines  being  as  shown  by  map  and 
notes  of  William  Wayne  Fitch  and  E.  H.  Mar- 
shall, Surveyor  and  Deputy  Surveyor  of  Solano 
County. 

County  seat— Fairfield. 

Basis  of  section— Stats.  1851,  p.  179;  1852,  p.  236; 
1853,  p.  20;  1855,  p.  77;    1857,  p.  108;  1870,  p.  294. 

Solano  County  seat— located  at  Fairfield,  Stats. 
1874,  p.  783. 

MARIN. 

§  3957.  Beginning  in  the  Pacific  Ocean,  at 
southwest  corner  of  Sonoma;  thence  southeasterly 
along  southern  line  of  Sonoma,  as  established  in 
section  3955,  to  the  moutli  of  Petaluma  Creelc; 
thence  to  common  corner  of  Marin,  Sonoma,  Con- 
tra Costa,  and  Solano,  in  San  Pablo  Bay,  as  estab- 
lished in  section  3955;  thence  southerly  along  the 
western  boundarv  of  Contra  Costa,  in  the  Bay  of 
San  Pablo,  to  the  middle  of  the  Straits  of  San  Pab- 
lo; thence  southerly  in  a  direct  line,  to  Invincible 
Rocli,  in  the  Bay  of  San  Francisco,  near  the  en- 
trance of  the  Straits  of  San  I^ablo;  thence  in  a  di- 
rect line,  to  northwestern  point  of  Red  Roclv; 
thence  southerly  to     the     extreme     southeasterly 


§  3958  County  Boundaries.  856 

point  of  Angel  Island;  thence  soutliwesterly  to  tlie 
extreme  end  of  Point  Cavallo  at  low  water 
mark;  thence  on  the  line  of  low  water  mark  along 
the  northern  shore  of  the  bay  to  Point  Bonita,  and 
three  miles  into  the  Pacific  Ocean,  to  the  north- 
western corner  of  San  Francisco,  as  established 
in  section  3950;  thence  northwesterly  by  ocean 
shore  to  the  place  of  beginning. 

County  seat— San  Rafael. 

Basis  of  section:  Stats.  1851,  p.  177;  1854,  p.  121: 
1860,  p.  269;  1861.  p.  351;  1868,  p.  347. 

See  sees.  3950,  3953,  3954. 

NAPA. 

§  3958.  Beginning  at  southwestern  corner,  at  a 
point  in  Huichica  Creek  where  the  said  creek  emp- 
ties into  San  Pablo  Bay;  thence  east  to  the  moun- 
tains dividing  Napa  Valley  from  Suisun  Valley, 
forming  southeastern  corner;  thence  northerly 
along  the  summit  line  of  said  mountains  to  its  in- 
tersection with  tlie  First  Standard  North,  Mount 
Diablo  base,  marlvcd  by  a  rock  monument  erected 
by  iialph  Norris;  thence  east  along  said  standard 
line  seven  and  tliree-fourths  miles  to  Vaca  Mount- 
ains, which  divide  the  Vaca  and  Suisun  Valleys; 
thence  northerly  along  the  main  ridge  of  said  Vaca 
Mountains  to  Putah  Creelv,  at  a  point  called  the 
Devil's  Gate;  thence  northerly  across  said  creek 
to  and  along  the  mountains  dividing  Berryessa 
Valley  from  Sacramento  Valley  to  tlie  southeast 
corner  of  Lake  County  on  the  western  line  of  Yolo; 
thence  westerly  along  the  southern  line  of  Lake, 
as  established  in  section  3917,  to  its  intersection 
with  the  eastern  line  of  Sonoma:  thence  southeast- 
erly on  said  line  of  Sonoma  to  the  western  branch 
of  the  headwaters  of  the  Huichica  Creek;  thence 
westerly  to  the  main  ridge  that  divides  the  Huichi- 
ca Valley  from  the  Sonoma  Valley;  thence  south- 
erly along  the  said  dividing  ridge  to  the  tule  bor- 
dering on  San  Pablo  Bay;  thence  southerly  to  the 
center  of  the  Huichica  Creek;  thence  down  said 
creek  to  its  mouth,  the  place  of  beginning. 

County  seat— Napa  City. 

Basis  of  section:  Stats.  1851,  p.  178;  1852,  p.  192; 
1855,  p.  77. 

Northern  boundary  line  of  Napa  County- adjoin- 
ing Lake  and  Yolo  counties,  act  to  define:  Stats. 
1872,  p.  305. 


857  General  Provisions.       §§  3969-3971 

CHAPTER  II. 

GENERAL    PROVISIONS    RELATING    TO    COUNTIES. 

S  3969.  Surveys  to  definitely  establish  unsettled  bound- 
aries. 

§  3970.  Reports  to  Surveyor  General  on  disagreement  of 
Supervisors. 

§  3971.  Surveyor  General  to  determine  boundary,  there- 
upon,  or  to  order  new  surveys. 

§  3972.    Approved    surveys    to    be    conclusive. 

§  3973.  Previous  surveys  validated.  Their  force  as  evi- 
dence. 

§  3974.  Apportionment  of  cost  of  survey.  Provisions  for 
payment  thereof. 

§  3975.  Collection  of  old  taxes  when  county  is  divided,  or 
boundary   altered. 

§  3976.    Petition  for  change  of  county  seat. 

§  3977.    Supervisors  to  order  election. 

§  3978.    Notice  of  election,  etc.     (Repealed.) 

§  3979.    Election,    notice   of;   how   held   and   conducted. 

§  3980.    Voter  to  vote  for  place  he  prefers. 

§  3981.     Notice  of  result. 

§  3982.    Place  chosen,  to  be  county  seat. 

§  3983.  Statement  of  result  deposited  and  notice  trans- 
mitted. 

§  3984.    No  second  election  to  be  held  within  four  years. 

§  3985.    Subsequent  removal  of  county  seat. 

§  3969.  All  common  boundaries  and  common 
corners  of  counties  not  adequately  marlced  by  na- 
tural objects  or  lines,  or  by  surveys  lawfully  made, 
must  be  definitely  established  by  surveys  jointly 
made  by  tlie  surveyors  of  all  the  counties  affected 
thereby,  and  approved  by  the  Boards  of  Super- 
visors "of  such  counties,  or  by  a  survey  made  by 
tlie  Surveyor  General,  on  application  of  the  Board 
of  Supervisors  of  any  county  affected  thereby. 

§  3970.  If  the  first  mode  is  adopted,  and  the 
Board  of  Supervisors  do  not  agree  upon  and  final- 
ly approve  the  survey,  each  Surveyor  must  make 
a  report  to  the  Surveyor  General  with  surveys, 
maps,  notes,  and  explanations  touching  disputed 
points. 

§  3971.  Upon  such  reports  the  Surveyor  Gen- 
eral must  finally  determine  and  establish  the  com- 
mon boundaries  and  corners,  if  he  can  collate  a 
satisfactory  description  therefrom.  If  tlie  reports 
are  insufficient  for  such  purpose,  he  must  cause 
surveys  to  be  made,  and  when  approved  by  him 


§§  3972-3977      General  Provisions.  858 

the    surveys    establish    such  common  boundaries 
and  corners. 

§  3972.  All  surveys  finally  approved  under  the 
provisions  of  this  chapter  are  conclusive  ascertain- 
ments of  lines  and  corners  included  therein. 

§  3973.  All  surveys  and  maps  of  boundary 
lines  heretofore  legally  made  and  approved,  are 
declared  valid,  and  they  are  prima  facie  evidence 
of  the  establishment  of  such  lines,  except  so  far 
as  they  are  inconsistent  with  the  provisions  of  this 
Code.  [Amendment  approved  March  30,  1874; 
Amendments  1873-4.  p.  54.    In  effect  July  6,  1874.] 

Prima  facie  evidence — defined:  Code  Civ.  Proc, 
sec.  1833.  ' 

§  3974.  The  cost  of  maliiug  such  surveys  must 
be  apportioned  equally  among  the  counties  inter- 
ested, and  the  Board  of  Supervisors  must  audit 
the  same,  and  the  amounts  must  be  paid  out  of  the 
general  county  fund. 

§  3975.  When  a  county  is  divided  or  the  boun- 
dary is  altered,  all  taxes  levied  before  the  division 
was  made  or  boundary  changed  must  be  collected 
by  the  officers  of  and  belong  to  the  county  in 
which  the  territory  was  situated  before  the  divis- 
ion or  change. 

P'ormation  of  new  county:  Const.  Cal.,  1879,  art. 
11,  sec.  3. 

County  divided— and  new  county  created:  See 
Const.  Cal.,  1879,  art.  11,  see.  3. 

§  3976.  Whenever  the  inhabitants  of  any  coun- 
ty of  this  State  desire  to  remove  the  county  seat 
of  the  county  from  the  place  where  it  is  fixed  by 
law  or  otherwise,  they  may  present  a  petition  to 
the  Board  of  Supervisors  of  their  county,  praying 
such  removal,  and  that  an  election  be  held  to  de- 
termine to  what  place  such  removal  must  be  made. 

Basis  of  section:  Stats.  1850,  p.  199;  1854.  p.  198. 

Removal  of  county  seat,  number  of  elections 
that  may  be  held  for,  only  once  in  four  j-ears,  by 
Con.st.  Cal.  1879,  art.  11,  sec.  2. 

§  3977.  If  the  petition  is  signed  by  qualified 
electors  of  the  county,  equal  in  number  to  at  least 
thi-ee-fifths  of  all  the  votes  cast  in  the  county  at 


859  General  Provisions.      §§  3978-3982 

tlie  last  preceding  general  election,  the  Board  must 
at  the  next  general  election  of  county  officers,  sub- 
mit the  question  of  removal  to  the  electors  of  the 
county.  [Amendment  approved  March  2,  1880; 
Amendments  ls80,  p.  2.     In  effect  March  2,  1880.] 

Before  amendment  1880— proportion  of  signa- 
tures required  was  one-third  instead  of  three-fifths, 
and  there  Avere  provisions  for  time  of  ordering  the 
election  and  for  naming  the  day. 

General  election—question  of  removal  to  be  sub- 
mitted at,  under  Const.  Cal.,  1879,  art.  11,  sec.  2. 

§  3978.  r  Repealed  March  2,  1880;  Amendments 
1880,  p.  3.    In  effect  March  2,  1880.] 

§  3979.  Notice  of  such  election,  clearly  stating 
the  object,  shall  be  given,  and  the  election  must 
be  held  and  conducted  and  -the  returns  made  in 
all  respects  in  the  manner  prescribed  by  law  in  re- 
gard to  elections  for  county  officers.  [Amendment 
approved  March  2,  1880;  Amendments  1880,  p.  2. 
In  effect  March  2,  1880.] 

Notice  of  election— special  and  different  provis- 
ion for,  in  repealed:  Sec.  3978. 

§  3980.  In  voting  on  the  question,  each  elector 
must  vote  for  the  place  in  the  county  which  he 
prefers  as  the  seat  of  justice,  plainly  designating 
it  in  his  ballot. 

Basis  of  section:  Stats.  1850,  p.  199. 

§  3981.  When  the  returns  have  been  received 
and  compared,  and  the  results  ascertained  by  the 
Board,  if  two-thirds  of  all  the  legal  votes  cast  by 
those  voting  on  the  proposition  are  in  favor  of  any 
particular  place,  the  Board  must  give  notice  of 
the  result  by  posting  notices  thereof  in  all  tlie 
election  precincts  in  the  county.  [Amendment  ap- 
proved March  2,  i880;  Amendments  1880,  p.  2.  In 
effect  March  2,  1880.] 

Two-thirds  of  votes  cast — required  instead  of  ma- 
jority, as  before  amdt.  1880,  conforming  to  Const. 
Cal.,  1879,  art.  11,  sec.  2. 

Notice  of  result— given  by  publication  also,  be- 
fore amdt.  1880. 

§  3982.  In  the  notice  provided  for  in  section 
3981,  the  place  selected  to  be  the  county  seat  of  the 
county  must  be  so  declared  trom  a  day  specified 


§§  3983-3985      General  Provisions.  860 

iu  the  notice  not  more  than  ninety  days  after  the 
election.     After  the  day  named  in  the  notice  the 
place  chosen  is  tlie  county  seat  of  the  county. 
Basis  of  section:  Stats.  1850,  p.  199;  1854,  p.  198. 

§  3983.  Whenever  any  election  has  been  held 
as  provided  for  in  the  preceding  sections  of  this 
chapter,  the  statement  made  by  the  Board  of  Su- 
pervisors, showing  the  result  thereof,  must  be  de- 
posited in  the  office  of  the  County  Clerk,  and 
whenever  the  Board  gives  the  notice  prescribed  by 
section  8982  they  must  transmit  a  certified  copy 
thereof  to  the  Secretary  of  State. 

Basis  of  section:  Stats.  ]850,  p.  199. 

§  3984.  When  the  election  has  been  held  and 
two-thirds  of  the  votes  are  not  cast  for  some  other 
place  than  that  fixed  by  law  as  the  former  county 
seat,  no  second  election  for  the  removal  thereof 
must  be  held  within  four  years  thereafter. 
[Amendment  approved  March  2.  1880;  Amend- 
ments 1880,  p.  3.     In  effect  March  2.  1880.] 

Within  four  years  thereafter — conforms  to  Const. 
Cal.,  1879;  but  before  amdt.  1880,  period  was  two 
years. 

Section  held  inapplicable — but  now  a  proposition 
of  removal  shall  not  be  submitted  in  the  same 
county  more  than  once  in  four  years,  under  Const. 
Cal.  1879,  art.  11,  sec.  2. 

§  3985.  When  the  county  seat  of  a  county  has 
been  once  removed,  by  a  popular  vote  of  the  peo- 
ple of  the  county,  it  may  be  again  removed  from 
time  to  time  in  the  manner  provided  by  this  chap- 
ter; but  no  election  must  be  ordered  to  effect  any 
such  subsequent  removal,  unless  a  petition  pray- 
ing an  election  is  signed  by  qualified  electors  of  tlie 
county  equal  in  number  to  at  least  three-fourths 
of  all  the  votes  cast  at  the  next  preceding  general 
election;  nor  unless  at  such  election,  when  ordered, 
two-thirds  of  all  the  votes  cast  are  in  favor  of 
some  other  place  as  the  county  seat  of  the  coun- 
ty; and  such  election,  when  so  ordered,  shall  take 
place  at  the  first  general  election  held  thereafter, 
nor  must  two  elections  to  effect  such  removal  be 
held  within  four  years.  [Amendment  approved 
February  3,  1876;  Amendments  1875-6,  p.  64.  In 
effect  February  3,  1876.] 


SQl  Counties  as  Bodies  Corporate.         §  4000 

Section  held  inapplicable:  See  note  to  sec.  3894. 

Changes  in  section— by  amdts.  1874  and  1876,  al- 
tered proportion  of  signatures  from  one-third  to 
three-fourths,  deciding  vote  from  majority  to  two- 
thirds,  and  limiting  period  from  three  to  four 
years. 

TITLE   II. 

THE     GOVERNMENT     OF     COUNTIES. 

Chapter  I.    Counties  as  Bodies  Corporate. 
II.    The  Board  of  Supervisors. 
III.    County  Otficers. 
IA^    Salaries  and  Fees  of  Office. 
V.    Other  County  Charges. 

CHAPTER  I. 

COUNTIES     AS      BODIES      CORPORATE. 

§  4000.  Every  county  a  body  corporate. 

§  4001.  Powers,   how  exercised. 

§  4002.  Name  and  designation. 

§  4003.  Enumeration  of  powers. 

§  4004.  Restrictio  i    •  n   loaning   credit. 

g  4005.  Restriction   on    temporary   loans. 

§  4006.  Classification    of   counties. 

§  4007.  Same,  governed  by  new  census. 

§  4000.  Every  county  is  a  body  politic  and  cor- 
porate, and  as  such  has  the  powers  specified  in 
this  Code,  or  in  special  statutes,  and  such  powers 
as  are  necessarily  implied  from  those  expressed. 

The  act  amending  this  .section  and  sections 
4003,  4004,  4006,  4022,  4023,  4024.  4025,  4026, 
4028,  4029,  4046,  4087,  4103,  4104,  4109,  411.5, 
4116,  4119,  4165,  4192.  4204,  4221,  4256.  4314, 
.4328,  4329,  4344,  repealing  sections  4005,  4006. 
4027,  4080,  4110,  4111,  4.304,  and  adding  sections 
4292  and  4348  to  the  Political  Code,  approved 
April  27,  1880,  was  declared  unconstitutional  in 
Leonard  v.  January,  .56  Cal.  1. 

County  governments;  uniform  system  of;  Leg- 
islature directed  to  provide,  by  Const.  Cal.  1879, 
art.  11,  sec.  4. 

Powers:  Sec.  4003;  restrictions  on,  sees.  4004- 
4005;  by  whom  exercised,  sec.  4001. 

Municipal  corporations  defined:  Sec.  4356,  po.st. 


§§  4001-4003    Counties  as  Bodies  Corporate.       862 

§  4001.  Its  powers  can  only  be  exercised  by  the 
Board  of  Supervisors,  or  by  agents,  and  officers 
acting  under  their  authority,  or  authority  of  law: 
provided,  however,  that  whenever  any  Board  of 
Supervisors  shall,  without  authority  of  law,  order 
any  money  paid  as  a  salary,  fees,  or  for  other  pur- 
poses, and  such  money  shall  have  been  actually 
paid,  or  whenever  the  County  Clerk  or  County  Au- 
ditor has  drawn  any  warrant  or  warrants  in  his 
own  favor,  or  in  favor  of  any  other  person,  with- 
out being  authorized  thereto  by  the  Board  of  Su- 
pervisors, or  by  the  law,  and  the  same  shall  have 
been  paid,  the  District  Attorney  of  such  county 
is  hereby  empowered,  and  it  is  hereby  made  his 
duty  to  institute  suit  in  the  name  of  the  county, 
against  such  person  or  persons,  to  recover  the 
money  so  paid,  and  twenty  per  cent  damage  for 
tlie  use  thereof,  and  no  order  of  the  Board  of  Su- 
pervisors therefor  shall  be  necessary  in  order  to 
maintain  such  suit;  and,  provided  further,  that 
wlien  the  money  has  not  been  paid  on  sucli  orders, 
it  is  hereby  made  the  duty  of  the  District  Attorney 
of  such  county  to  commence  suit  in  the  name  of 
the  county,  for  restraining  the  payment  of  the 
same;  and  no  order  of  the  Board  of  Supervisors 
therefor  shall  be  necessary  m  order  to  maintain 
such  suit.  [Amendment  approved  March  24,  1874; 
Amendments  1873-4,  p.  171.  In  effect  March  24, 
1874.] 

County  Government  act:  See   Genei'al  Laws. 

§  4002.  The  name  of  a  county  designated  in  the 
law  creating  it  is  its  corporate  name,  and  it  must 
be  known  and  designated  thereby  in  all  actions 
and  proceedings  touching  its  corporate  rights, 
property,  and  duties. 

Names  of  counties— where  given:  Sec.  3902. 

Actions:  See  sec.  4003,  subd.  1. 

§  4003.    It  has  power: 

1.  To  sue  and  be  sued; 

2.  To  purchase  and  hold  lands  within  its  limits; 

3.  To  make  such  contracts,  and  purchase  and 
hold  such  personal  property  as  may  be  necessary 
to  the  exercise  of  its  powers. 

4.  To  make  such  orders  for  the  disposition  or 
use  of  its  property  as  the  interests  of  its  inhab 
itants  require; 


863       Counties  as  Bodies  Corporate.  §§  4004-4007 

5.  To  levy  and  collect  such  taxes  for  purposes 
under  its  exclusive  jurisdiction  as  are  autliorized 
by  this  Code  or  by  special  statiites. 

Amendment  1880  declared  unconstitutional:  See 
sec.  4000,  note.  It  substituted,  at  end  of  subd.  5, 
word  "law"  for  words  "this  Code  or  by  special 
statutes." 

Acts  in  relation  to  counties:  See  General  Laws, 
title  "Counties." 

§  4004.  No  county  must  in  any  manner  loan  or 
give  its  credit  to  or  in  aid  of  any  person  unless  it 
is  expressly  authorized  by  law  so  to  do. 

Amendment  1880  declared  unconstitutional:  See 
sec.  4000,  note.  It  followed  Const.  Cal.  1879,  arc. 
11,  sec.  18.  Section  as  given,  based  on  Const.  Cal. 
1849,  art.  11,  sec.  10,  and  art.  4,  sec.  37. 

§  4005.  No  money  must  be  borrowed  on  a  tem- 
porary loan  by  any  county  except  in  anticipation 
of  the  taxes  of  the  curi-ent  fiscal  year,  and  the 
same  must  always  be  made  payable  within  eight 
months  from  the  time  of  mailing  the  loan. 

Repealing  act  of  1880  was  declared  unconstitu- 
tional: See  sec.  4000,  note. 

§  4006.  For  purposes  other  than  for  roads  and 
highways  the  counties  of  this  State  are  classified 
as  follows: 

1.  Those  containing  twenty  thousand  inhabit- 
ants or  over  constitute  the  first  class; 

2.  Those  containing  eiglit  thousand  and  under 
twenty  thousand  inhabitants  constitute  the  sec- 
ond class;  and, 

3.  Those  containing  less  than  eight  thousand  in- 
habitants constitute  the  third  class. 

.  Amendment  and  repealing  act  of  1880  declared 
unconstitutional:  See  note  to  sec.  4000. 

Amador  County — declared  county  of  third 
class:  See  Stats.  1874,  p.  443. 

Humboldt  County— declared  county  of  second 
class:  See  Stats.  187G,  p.  333. 

§  4007.  Whenever  a  new  census  is  talcen,  the 
counties,  on  tlie  first  day  of  July  next  thereafter, 
are,  by  operation  of  law,  classified  under  such  cen- 
sus. 


§§  4022-4025  Organization  and  Terms.  864 

CHAPTER  II. 

THE     BOARD     OF     SUPERVISORS. 

Article  I.     Organization  and  Terms   of  Board. 
II.     General  Permanent  Powers. 
III.     Other  Powers  and  Restrictions. 

ARTICLE  I. 

ORGANIZATION  AND  TERMS  OF  THE  BOARD. 

§  4022.  Number  of  members  of  Board,  in  various  classes 
of  counties. 

§  4023.    Member  must  be  elector  of  district. 

§  4024.    Term  of  office.     (Repealed.) 

§  4025.  Proceedings  of  Board  when  number  of  members  in- 
creased or  decreased. 

§  4026.    Vacancy  in  Board,  how  filled. 

§  4027.    Members,  how  classified  for  election.     (Repealed.) 

§  4028.  Chairman,  permanent  and  temporary.  Administra- 
tion   of   oaths. 

§  4029.    Clerk,  and  his  compensation.     Signature  of  records. 

§  4030.     Duties   of   Clerk. 

§  4031.    Books  to  be  kept  by  the  Board. 

§  4032.     Regular  meetings  fixed.     Other  meetings. 

§  4033.    Additional  regular  meetings  may  be  fixed. 

§  4034.     Special   meetings,   how  called. 

§  4035.     Meetings   and    records   public. 

§  4022.    Each  county  must  have  a  Board  of  Su- 
pervisors, consistlTig: 

1.  In  counties  of  the  first  class,  of  seven  mem- 
bers; 

2.  In  counties  of  the  second  class,  of  five  mem- 
bers; 

3.  In  counties  of  the  third  class,  of  three  mem- 
bers. 

Amendment  of    1880  declared    unconstitutional: 
See  sec.  4000.  note. 

§  4023.    Each  member  of  a  Board  of  Supervis- 
ors must  be  an  elector  of  the  district  he  represents. 

Amendment  of   1880  declared    unconstitutioual: 
See  note  to  sec.  40(»0. 
Elector— qualifications  of:  Sec.  1083  and  notes. 

§  4024.     [Repealed  March  7.  1881:  Amendments 
1881.  p.  73.     In  effect  March  7,  1881.] 

§  4025.    If.  under  the  classification,  the  number 
of  Supervisors  of  any  county  is  either  increased  or 


865  Organization  and  Terms.    §§  4026-4029 

dimiuislied,  tlie  Board  of  Supervisors  must  redis- 
trict  tlie  county  into  Supervisor  districts,  as  near- 
ly equal  in  population  as  may  be,  to  correspond 
with  the  number  of  Supervisors  to  M'hich  it  is,  un- 
der the  new  classification,  entitled.  If  the  number 
is  increased,  at  the  first  general  election  there- 
after Supervisors  must  be  elected  for  such  new 
districts  in  which  no  Supervisors  then  acting  re- 
side; and  if  the  number  is  decreased,  no  succes- 
sors must  be  elected  for  Supervisors  whose  terms 
expire  until  the  number  is  decreased  to  that  to 
which  the  county  is  entitled. 

Basis  of  section:  Stats.  1855,  p.  51. 

Amendment  of  1880  declared  unconstitutional: 
See  note  to  sec.  4000. 

§  4026.  Whenever  a  vacancy  occurs  in  the 
Board  of  Supervisors,  from  a  failure  to  elect  or 
otherwise,  the  County  Judge  must  fill  the  vacancy 
by  appointing  for  the  unexpired  term  some  quali- 
fied elector  of  the  district  in  which  the  vacancy 
occurs. 

Amendment  of  1880  declared  unconstitutional: 
See  note  to  sec.  4000. 

§  4027.  [Kepealed  March  7.  1881;  Stats.  1881, 
p.  73.     In  effect  March  7,  1881.1 

§  4028.  The  Chairman  must  preside  at  all  meet- 
ings of  tlie  Board,  and  in  case  of  his  absence  or 
inability  to  act,  the  members  present  must,  by  an 
order,  select  one  of  their  number  to  act  as  Chair- 
man temporarily.  Any  member  of  the  Board  may 
administer  oaths  to  any  person  concerning  any 
matter  submitted  to  them  or  connected  Avith  their 
powers  or  duties. 

'  Amendment  of  1880  declared  unconstitutional: 
See  note  to  sec.  4000. 

§  4029.  The  Clerlv  of  the  county  is  ex-officio 
Clerlv  of  the  Board  of  Supervisors. "  The  records 
must  be  signed  by  the  Chairman  and  the  Clerk. 
The  Clei-lv  nuist  be  paid  such  compensation  as  is 
provided  l)y  law,  in  full  for  all  services  as  Clerk 
of  the  Board. 

Basis  of  section:  Stats.  18.55,  p.  52. 
Pol.  Code— 73. 


f§  4030,4031  Organization  and  Terms.  866 

Amendment  of  1880  declared  unconstitutional: 
See  note  to  sec.  4000.  , 

§  4030.    The  Clerk  of  the  Board  must:  1 

1.  Record  all  the  proceedings  of  the  Board; 

2.  Make  full  entries  of  all  their  i-esolutions  and 
-decisions  on  all  questions  concerning  the  raising 
of  money  for,  and  the  allowance  of  accounts 
against  the  county; 

3.  Record  the  vote  of  each  member  on  any  ques- 
tion upon  which  there  is  a  division,  or  at  the  re- 
quest of  any  member  present; 

4.  Sign  all  orders  made  and  warrants  issued  by 
order  of  the  Board  for  the  payment  of  monej", 
and  when  he  is  not  also  the  County  Auditor,  certi- 
fy the  same  to  that  officer; 

5.  Record  the  reports  of  the  County  Treasurer 
of  the  receipts  and  disbursements  of  the  county; 

6.  Preserve  and  file  all  accounts  acted  upon  by 
the  Board; 

7.  Preserve  and  file  all  petitions  and  applica- 
tions for  franchises,  and  record  the  action  of  the 
Board  thereon; 

8.  Record  all  orders  levying  taxes;  and, 

9.  Perform  all  other  duties  required  by  law  or 
any  rule  or  order  of  the  Board. 

Basis  of  section:  Stats.  1855,  p.  52. 
Signing  records:  See  sec.  4029. 

§  4031.    The  Board  must  cause  to  be  kept: 

1.  A  "Minute  Book"  in  which  must  be  recorded 
all  orders  and  decisions  made  by  them,  and  the 
daily  proceedings  had  at  all  regular  and  special 
meetings; 

2.  An  "Allowance  Book,"  in  which  must  be  re- 
corded all  orders  for  the  allowance  of  money  from 
the  County  Treasury,  to  Avhom  made,  and  on  what 
account,  dating,  numbering,  and  indexing  the 
same  through  eacli  year. 

3.  A  "Road  Book,"  containing  all  proceedings 
and  adjudications  relating  to  the  establishment, 
maintenance,  change,  and  discontinuance  of  roads, 
road  districts,  and  Overseers  thereof,  their  reports 
and  accounts. 

4.  A  "Franchise  Book,"  containing  all  fran- 
chises granted  by  tliem,  for  what  purpose,  the 
length  of  time  and  to  whom  granted,  the  amount 
of  bond  and  license  tax  required: 


867  Organization  and  Terms.    §§  4032-4035 

5.  A  "Warrant  Book,"  to  be  kept  by  the  Coun- 
ty Auditor,  in  which  must  be  entered,  in  the  order 
of  drawing,  all  warrants  drawn  on  the  Treasury, 
Avith  their  number  and  reference  to  the  order  on 
the  minute  book,  with  the  date,  amount,  on  what 
account,  and  name  of  payee. 

§  4032.  The  regular  meetings  of  the  Boards  of 
Supervisors  must  be  held  at  their  respective  coun- 
ty seats  on  the  first  Mondays  in  May,  August,  No- 
vember, and  February  of  each  year,  and  must  con- 
tinue from  time  to  time  until  all  the  business  be- 
fore them  is  disposed  of.  Such  other  meetings 
must  be  held,  to  canvass  election  returns,  equalize 
taxation,  and  other  purposes,  as  are  prescribed  in 
this  Code  or  provided  for  by  the  Board. 

Basis  of  section:  Stats.  1861,  p.  511;  1868,  p.  541. 

§  4033.  In  the  counties  of  the  first  and  second 
classes  additional  regular  meetings,  not  exceeding 
two  in  each  year,  may  be  provided  for,  fixed,  and 
held  for  the  transaction  of  business  by  an  order 
duly  entered  of  record,  in  which  must  be  specified 
the  character  of  business  to  be  transacted  at  such 
additional  regular  meetings,  and  none  other  than 
that  specified  must  be  transacted.  Notice  of  the 
order  fixing  such  additional  meetings  must  b'e'pub- 
lished  for  four  weeks,  in  a  paper  published  in  the 
county,  before  the  ordinance  is  effective. 

§  4034.  If  at  any  time  after  the  adjournment 
of  a  regular  meeting  the  business  of  the  county 
requires  a  meeting  of  the  Board,  a  special  meeting 
may  be  ordered  by  a  majority  of  the  Board.  The 
order  must  be  entered  of  record,  and  five  days' 
notice  thereof  must  by  the  Clerk,  be  given  to  each 
member  not  joining  in  the  order.  The  order  must 
specify  the  business  to  be  transacted,  and  none 
other  than  that  specified  must  be  transacted  at 
such  special  meeting. 

Basis  of  section— and  of  next:  Stats.  1855,  p.  52. 

§  4035.  All  meetings  of  the  Board  must  be  pub- 
lic and  the  books,  records,  and  accounts  must  be 
kept  at  the  olfice  of  the  Clerk,  open  at  all  times 
for  public  inspection  free  of  charge. 


§  4045  Permanent   Powers.  8G8 

ARTICLE  II. 

GENERAL     PERMANENT      POWERS. 

§  4045.    Power  to  impose  license  tax. 

§  4046.     General  permanent  powers. 

§  4047.    Power   to   direct  attendance   of   Sheriff— Contempt. 

§  4047.    Contracts    for    printing,    stationery     and     supplies, 

how  made. 
§  4048.    Funding     outstanding     indebtedness     of     counties. 

Form  of  bonds. 
§  4049.  .  Custody,    disposal,    and   account   of   bonds. 
§  4050.    Assessments  for  bond  fund. 
§  4051.    Redemption  of  bonds. 
§  4052.    Proceedings   on  failure   to   levy  tax. 

§  4045.  The  Board  of  Supervisors,  in  their  re- 
spective counties,  have  jurisdiction  and  power,  un- 
der such  limitations  and  restrictions  as  are  pre- 
scribed by  law,  and  in  addition  to  their  other  ju- 
risdiction and  powers,  to  impose  a  license  tax,  at 
a.  rate  to  be  fixed  annually  by  them,  upon  the  fol- 
lowing-named persons,  occupations,  and  business: 

1.  Auctioneers,  bridges,  ferries,  wharves,  chutes, 
piers,  persons  engaged  in  banking,  loaning  money 
at  interest,  or  in  buying  or  selling  notes,  bonds,  or 
other  evidences  of  indebtedness  of  private  persons; 
or  in  buying  or  selling  State,  county,  or  city  stocks, 
or  other  evidences  of  State,  county,  or  city  indebt- 
edness, or  stocks;  or  notes,  bonds,  or  other  evi- 
dences of  indebtedness  of  incorporated  companies; 
or  in  buying  or  selling  gold  dust,  gold  or  silver  bul- 
lion, or  gold  or  silver  coin;  proprietors  of  billiur<l 
tables  not  kept  exclusively  for  family  use.  thea- 
ters, exhibitions  of  a  caravan  or  menagerie,  or  any 
collection  of  animals,  circus,  or  other  acrobatic 
performance;  each  show  for  pay  of  any  figures, 
jugglers,  necromancers,  magicians,  wire  or  rope 
dancers,  or  sleight-of-hand  exhibition;  all  pawn- 
brokers, keepers  of  intelligence  offices,  persons 
who  sell  spirituous,  malt,  or  fermented  liquors,  or 
wine,  in  less  quantities  than  one  quart. 

2.  Every  person  who,  at  a  fixed  place  of  busi- 
ness, sells  any  goods,  wares,  or  merchandise,  wines 
or  distilled  liquors,  drugs  or  medicines,  jewelry 
or  wares  of  precious  metals,  whether  on  commis- 
sion or  otherwise  (.except  agricultural  or  vinicul- 


869  Permanent  Powers.  §  4045 

tural  productions,  or  the  productions  of  any  stocli, 
dairy,  or  poultry  farm  of  this  State,  when  sold  by 
the  producer  thereof,  and  except  such  as  are  sold 
by  auctioneers  at  public  sale  under  license);  all 
persons  who  keep  horses  or  carriages  for  hire  (ex- 
cept such  as  are  used  in  the  transportation  of 
goods);  every  traveling  merchant,  hawlver,  or  ped- 
dler who  vends  goods,  wares,  or  merchandise  of 
any  liind,  other  than  the  manufactures  or  produc- 
tions of  this  State;  every  person  who  Iveeps  a  stal- 
lion, jaclv,  or  bull,  and  who  permits  the  same  to 
be  used  for  the  purpose  of  propagation  for  hire; 
a  license  for  propagation,  obtained  from  the  Tax 
Collector  under  the  provisions  of  this  act,  shall  en- 
title the  holder  thereof  to  the  right  to  go  into  any 
county  of  this  State  for  tlie  purposes  of  propaga- 
tion, without  further  license  or  expense.  The  pro- 
visions of  this  section  do  not  apply  to  exhiDitions 
or  entertainments  given  for  the  benefit  of  church- 
es, schools,  or  other  charitable  entertainments,  by 
any  amateur  dramatic  association  or  literary  so- 
ciety of  the  town  or  district  in  which  sucli  exhibi- 
tion or  entertainment  is  given.  Tlie  sale  of  li- 
quors and  wines  by  persons  licensed  under  divis- 
ion two  of  this  section  must  not  be  in  less  quantity 
than  one-quart  measure.  No  license  must  be  re- 
quired of  physicians,  surgeons,  apothecaries,  or 
chemists  for  any  wines  or  spirituous  liquors  they 
may  use  in  the  preparation  of  medicines. 

3.  The  Board  of  Supervisors  of  each  county 
must,  on  the  first  Monday  of  October  of  each  year, 
fix  the  rates  of  county  licenses:  provided,  that  af- 
ter the  passage  of  this  act  said  Board  of  Super- 
visors of  each  county  may,  at  any  general  or  spe- 
cial meeting  of  said  Board,  held  as  required  by 
law,  fix  the  rates  of  said  licenses  up  to  the  first 
Monday  of  October,  A.  I),  eighteen  hundred  and 
eighty-three,  and  said  licenses  shall  be  collected 
at  said  rates  for  the  year  eighteen  hundred  and 
eighty-three  until  said  rates  are  fixed  on  said  first 
^Monday  of  Octobei-,  A.  D.  eighteen  hundred  and 
eighty-three. 

4.  The  licenses  lierein  provided  for  shall  be  col- 
lected as  now  provided  for  by  the  provisions  of 
chapter  fifteen,  title  seven,  part  three,  of  the  Po- 
litical Code  of  the  State  of  California.  [New  sec- 
tion approved  March  1.3,  1883;  Stats.  1883,  p.  297. 
In  effect  March  13,  1883.] 


§  4046  Permanent  Powers.  870 

Licenses,  generally:  See  ante,  sec.  3356. 
License  in  municipalities:  See  sec.  3359,  and  note. 

§  4046.  The  Boards  of  Supervisors,  in  their  re- 
spective counties,  have  jurisdiction  and  power  un- 
der such  limitations  and  restrictions  as  are  pre- 
scribed by  law: 

1.  To  supervise  the  official  conduct  of  all  coun- 
ty officers,  and  officers  of  all  districts  and  other 
subdivisions  of  the  county  charged  with  assessing, 
collecting,  safe-lieeping,  management,  or  disburse- 
ment of  the  public  revenues;  see  that  they  faith- 
fully perform  their  duties;  direct  prosecutions  for 
delinquencies;  and  when  necessary,  require  them 
to  renew  their  official  bonds,  to  malie  reports,  and 
to  present  their  boolis  and  accounts  for  inspection. 

2.  To  divide  the  counties  into  townships,  school, 
road,  and  other  districts  required  by  law;  change 
the  same,  and  create  others  as  convenience  re- 
quires. 

3.  To  establish,  abolish,  and  change  election  pre- 
cincts, and  to  appoint  Inspectors  and  Judges  of 
Election,  canvass  all  election  returns,  declare  the 
result,  and  issue  certificates  thereof. 

4.  To  lay  out,  maintain,  control,  and  manage 
public  roads,  turnpilies,  ferries,  and  bridges  within 
the  county,  and  levy  such  tax  therefor  as  author- 
ized by  law. 

5.  To  provide  for  the  care  and  maintenance  of 
the  indigent  sicli,  or  the  otherwise  dependent  poor 
of  the  county;  erect,  officer,  and  maintain  hospitals 
therefor,  or  otherwise  provide  for  the  same;  and 
to  levy  the  necessary  tax  therefor,  per  capita,  not 
exceeding  three  dollars,  and  an  ad  valorem  tax  not 
exceeding  one  fifth  of  one  per  cent,  or  either  of 
such  levies  when  both  are  not  required,  on  all  tax- 
payers and  taxable  property  of  the  county. 

6.  To  provide  a  farm  in  connection  with  the 
County  Hospital,  and  malie  regulations  for  work- 
ing the  same. 

7.  When  there  are  no  necessary  county  build- 
ings, to  provide  suitable  rooms  for  county  pur- 
poses. 

8.  To  purchase,  receive  by  donation,  or  lease 
any  real  or  personal  property  necessary  for  the  use 
of  the  county,  preserve,  take  care  of.  manage,  and 
control  the  same;  but  no  purchase  of  real  property 


871  Permanent  Powers.  §  4046 

must  be  made  unless  the  value  of  the  same  has 
been  previously  estimated  by  three  disinterested 
citizens  of  the  county  appointed  by  them  for  that 
purpose,  and  no  more  than  the  appraised  value 
must  be  paid  therefor. 

9.  To  cause  to  be  erected  and  furnished  a  Court 
House,  Jail,  Hospital,  and  such  other  public  build- 
ings as  may  be  necessary. 

10.  To  sell  at  public  auction  at  the  Court  House 
door,  after  thirty  days'  previous  notice  given  by 
publication  in  a  newspaper  of  the  county,  or  post- 
ed in  iive  public  places  of  the  county,  and  convey 
to  the  highest  bidder,  for  cash,  any  property,  real 
or  personal,  belonging  to  the  county,  paying  the 
proceeds  into  the  County  Treasury  for  the  use 
of  the  county. 

11.  To  examine  and  audit  the  accounts  of  all 
othcers  having  the  care,  management,  collection, 
or  disbursement  of  moneys  belonging  to  the  coun- 
ty, or  appropriated  by  law  or  otherwise  for  its  use 
and  benefit. 

12.  To  examine,  settle,  and  allow  all  accounts 
legally  chargeable  against  the  county,  except  sala- 
ries of  officers,  and  order  warrants  to  be  drawn  on 
the  County  Treasurer  therefor,  and  provide  for 
the  issuing  of  the  same. 

1.3.  To  levy  such  tax  annually  on  the  taxable 
property  of  the  county,  as  may  be  necessary  to  de- 
fray the  current  expenses  thereof,  including  sal- 
aries otherwise  unprovided  for,  not  exceeding  one 
dollar  on  every  one  hundred  dollars  of  value  for 
any  one  year;  and  to  levy  such  taxes  as  are  re- 
quired to  be  levied  by  special  or  local  statutes. 

14.  To  equalize  the  assessments. 

15.  To  direct  and  control  the  prosecution  and 
defense  of  all  suits  to  which  the  county  is  a  party. 

IG.  To  insure  tlie  county  buildings  in  the  name 
of  and  for  the  benefit  of  the  county. 

17.  To  grant  licenses  and  franchises,  as  pro- 
vided by  law,  for  constructing,  keeping,  and  tak- 
ing tolls  on  roads,  bridges,  ferries,  wharves, 
chutes,  and  piers. 

18.  To  fix  the  compensation  of  all  county  offi- 
cers not  otherwise  in  this  Code  or  by  general  or 
special  law  fixed,  and  provide  for  the  payment  of 
the  same. 

19.  To   fill  by   appointment   all   vacancies   that 


§  4046  Permanent   Powers.  872 

may  occur  in  county  or  township  offices,  except 
those  of  County  Judge  and  Supervisor. 

20.  To  adapt  to  the  county  the  provisions  in  this 
Code  for  the  preservation  of  the  health  of  San 
Francisco  or  Sacramento,  for  such  limited  time  as 
they  may  deem  proper,  and  to  provide  for  the  ex- 
penses thereof. 

21.  To  contract  for  the  county  printing,  and  pro- 
vide bpoks  and  stationery  for  county  officers. 

22.  At  the  adjournment  of  each  session  of  the 
Board  to  cause  to  be  published  in  a  newspaper, 
or  otherwise,  a  fair  statement  of  all  their  proceed- 
ings, and  semi-annually  a  statement  of  the  finan- 
cial condition  of  the  county. 

23.  To  malve  regulations  for  the  destruction  of 
gophers,  squirrels,  other  wild  animals,  and  nox- 
ious weeds,  and  to  levy  a  special  tax  of  not  ex- 
ceeding tliree  cents  on  each  one  hundred  dollars 
of  taxable  property,  wherewith  to  pay  rewards 
therefor.  To  malve  regulations  for  the  protection 
of  game,  fish,  and  shellfish,  and  for  the  prevention 
of  injuries  to  sheep  by  dogs,  and  to  tax  dogs,  and 
direct  the  application  of  the  tax.  When  such  reg- 
ulations are  made  as  provided  in  this  section  relat- 
ing to  game  and  fish,  the  laAvs  of  the  State  for  the 
protection  thereof  are  suspended  in  such  county. 

24.  To  malce  and  enforce  such  niles  and  resri'i"- 
tions  for  the  government  of  their  body,  the  preser- 
vation of  order,  and  the  transaction  of  business,  as 
may  be  necessary. 

25.  To  adopt  a  seal  for  their  Board,  a  descrip- 
tion and  impression  whereof  must  be  filed  by  their 
clerk  in  the  offices  of  the  County  Clerk  and  Secre- 
tary of  State. 

26.  To  do  and  perform  all  other  acts  and  things 
required  by  law  not  in  this  title  enumerated,  or 
which  may  be  necessary  to  the  full  discharge  of 
the  duties  of  the  chief  executive  authority  of  the 
county  government. 

Amendment  of  1880  declared  unconstitutional: 
See  note  to  sec.  4WJ0. 

Subd.  3.  The  powers  with  respect  to  elections 
enumerated  in  subdivision  3,  above:  See  post,  sec. 
4064,  4065. 

See  section  4409,  post,  as  to  power  of  supervis- 
ors over  streets. 


873  Permanent  Powers.  §  4047 

Subd.  12.  Claims  against  county:  See  sees.  4071, 
4076,  et  seq. 

Subd.  14.  E(iualizing-  assessments:  See  sees. 
3G72  et  seq. 

Licenses  and  franchises  to  collect  tolls.  Wharf- 
age: See  ante,  sec.  2916,  and  sec.  2524. 

Printing  and  stationery:  See  sec.  4047. 

Contracts  for  lighting:  See  how  entered  into: 
See  General  Laws,  title  "Contracts." 

Fixing  water  rates:  See  General  Laws,  title 
"Water  Companies." 

§  4047.  The  Board  of  Supervisors  shall  have 
power  to  direct  the  Sheriff  to  attend  in  person,  or 
by  deputy,  all  the  meetings  of  the  Board,  to  pre- 
serve order,  serve  the  notices  or  citations,  as  di- 
rected by  the  Board.  And  the  Board  shall  have 
the  same  power  to  punish  for  contempt,  by  fine  and 
imprisonment,  as  is  now  exercised  and  allowed  by 
law  to  Superior  Courts  to  require  obedience  to 
their  citations  and  decorum  in  their  meetings. 
[Amendment  approved  April  3,  1880;  Amendments 
1880,  p.  23.     In  effect  April  3,  1880.] 

There  is  some  confusion  in  reference  to  section 
4047.  The  legislature  of  1873-4,  on  March  18,  1874 
(Amendments  1873-4,  172),  added  a  new  section  of 
that  number,  and  on  March  30,  1874  (Amend- 
ments 1873-4,  56),  added  a  second  new  section  of 
the  same  number.  The  foregoing  amendment  of 
1880,  was  expressly  an  amendment  to  the  section 
as  adopted  on  March  18,  1874.  The  legislature  of 
1877-8  amended  section  4047,  referring  to  it  gener- 
ally. That  amendment  is  as  follows,  and  as  the 
amendment  of  1880  has  been  pronounced  uncon- 
.stitutional,  the  section  as  amended  in  1878  is  prob- 
ably the  law: 

The  Supervisors  must  contract  for: 

1.  All  county  printing; 

2.  All  bool<s  and  stationery; 

3.  All  supplies  for  county  institutions. 

And  all  contracts  must  be  made  with  the  lowest 
bidder,  and  after  ten  days'  i)u))lic  notice,  that  such 
contracts  will  be  let.  Tiie  ))i(l(ling  must  be  by 
sealed  proposals.  [Amendment  approved  April  1. 
1878;  Amendments  1877-8,  p.  (50.  In  effect  April  1, 
1878.] 

Section  inserted— by  amdt.  1874,  and  amdt.  (only 
verbally)  in  1878. 


§  4048  Permanent   Powers.  874 

Compare  with  sec.  3766,  ante. 

Attendance  of  witnesses,  provisions  concerning: 
Sees.  4067-4069. 

Superior  Courts,  substituted  by  amendment  1880 
for  County  Courts,  named  in  section  as  inserted  by 
amendment  1874. 

§  4048.  The  Board  of  Supervisors  of  any  coun- 
ty having  an  outstanding  indebtedness  on  the  first 
day  of  January,  eighteen  hundred  and  eighty,  evi- 
denced by  bonds  or  warrants  thereof,  by  a  vote  of 
two-thirds  of  all  the  members  thereof,  are  em- 
powered, if  they  deem  it  for  the  public  interest, 
to  fund  and  refund  the  same,  and  issue  bonds  of 
the  county  therefor  in  sums  not  less  than  one  hun- 
dred dollars  nor  more  than  one  thousand  dollars 
each,  having  not  more  than  twenty  years  to  run, 
and  bearing  a  rate  of  interest  not  exceeding  sev- 
en per  cent  per  annum,  payable  semi-annually, 
which  bonds  shall  be  substantially  in  the  follow- 
ing form:  No.  — — .     The  County  of  ,  in  the 

State  of  California,  for  value  received,  promises 
to  pay  ■ ;  or  order,  at  the  office  of  the  Treas- 
urer of  said  county,  in ,  on  the  first  day  of , 

18—,  or  at  any  time  before  that  date,  at  the  pleas- 
ure of  the  county,  the  sum  of dollars,  gold  coin 

of  the  United  States,  with  interest  at  the  rate  of 

per  cent  per  annum,  payable  at  the  office  of 

said  Treasurer,  semi-annually,  on  the  first  days  of 

and  ,  in  each  year,  on  presentation  and 

surrender  of  the  interest  coupons  hereto  attached. 
This  bond  is  issued  by  the  Board  of  Supervisors, 
under  the  provisions  of  chapter  of  the  Politi- 
cal Code  of  California,  and  in  conformity  with  a 

resolution  of  said  Board,  dated  day  of  , 

18—.  Seal.  In  testimony  whereof,  the  said  coun- 
ty, by  its  Board  of  Supervisors,  has  caused  this 
bond  "to  be  signed  by  the  chairman  of  the  Board, 
and  attested  by  the  Auditor,  with  the  county  seal 
attached,  this day  of ,  18—.  ,  Chair- 
man of  Board  of  Supervisors.  Attest:  ,  Au- 
ditor. And  the  interest  coupon  shall  be  in  the  fol- 
lowing form :  $ .  The  Treasurer  of Coun- 
ty, California,  will  pay  to  the  holder  hereof,  on 

the  —  day  of ,  18 — ,  at  his  office  in  , 

dollars,  gold  coin,  for  interest  on  County  Bond  No. 
,  issued  under  provisions  of  chapter  of 


875  Permanent  Powers.  §  4049 

the  Political  Code  of  California. ,  County  Audi- 
tor.      [Amendment     approved     March     3,     1881; 
Stats.  1881,  p.  22.     In  efCect  March  3,  1881.] 
Funding  city  indebtedness:  See  sec.  4445,  post. 

§  4049.  Whenever  bonds  issued  under  this 
chapter  shall  be  duly  executed,  numbered  consecu- 
tively and  sealed,  they  shall  be  delivered  to  the 
County  Treasurer  and  his  receipt  talien  therefor, 
and  he  shall  stand  charged  on  his  official  bond 
Avith  all  bonds  delivered  to  him,  and  the  proceeds 
thereof,  and  he  shall  sell  the  same  or  exchange 
them  under  the  direction  of  the  Board  of  Super- 
visors on  the  best  available  terms  for  any  legal 
indebtedness  of  the  county  outstanding  on  the 
first  day  of  January,  eighteen  hundred  and  eighty, 
but  in  neither  case  for  a  less  sum  than  the  face 
value  of  tlie  bonds  and  all  interest  accrued  on 
them  at  the  date  of  such  sale  or  exchange.  And 
if  any  portion  of  the  said  bonds  are  sold  for  money, 
the  proceeds  thereof  shall  be  applied  exclusively 
for  tlie  payment  of  liabilities  existing  against  the 
county  at  and  before  the  date  above  named.  When 
they  are  exchanged  for  bonds  or  warrants,  or  oth- 
er legal  evidences  of  county  indebtedness,  the 
Treasurer  shall  at  once  proceed  to  cancel  the  old 
bonds  and  such  other  evidences  of  indebtedness, 
by  indorsing  on  the  face  thereof  the  amount  for 
which  they  were  received,  the  word  "canceled," 
and  the  date  of  cancellation.  He  shall  also  lieep 
a  record  of  bonds  sold  or  exchanged  by  him  by 
number,  date  of  sale,  amount,  date  of  maturity, 
the  name  and  postoffice  address  of  purchasers;  and 
if  exchanged,  what  evidences  of  indebtedness  were 
received  therefor;  which  record  shall  be  open  at  all 
times  for  inspection  by  the  public.  Whenever  the 
holder  of  any  bond  shall  sell  or  transfer  it,  the 
purchaser  shall  notify  tlie  Treasurer  of  such  pur- 
chase, giving  at  the  same  time  the  number  of  the 
bond  transferred  and  his  postoffice  address;  and 
every  ti'ansfer  shall  be  noted  on  the  record.  The 
Treasure!"  sliall  also  report,  under  oath,  to  the 
Board  at  each  regular  session,  a  statement  of  all 
bonds  sold  or  exchanged  by  him  since  the  preced- 
ing report,  and  the  date  of  such  sale  or  exchange; 
and  when  exchanged,  a  list  or  description  of  the 
county  indelitedness  exchanged  therefor,  and  the 


.§§  4050.4051     Permanent   Powers.  876 

amount  of  accrued  interest  received  by  him  on 
such  sale  or  exchange,  whicli  latter  sum  shall  be 
charged  to  him  as  money  received  by  him  on  Bond 
Fund,  and  so  entered  by  him  on  his  books;  but 
such  bond  shall  not  be  sold  or  exchanged  for  any 
indebtedness  of  the  county,  except  by  the  approval 
of  the  Board  of  Supervisors  of  said  county.  No 
sale  shall  be  made  of  any  such  bonds,  except  to 
the  highest  bidder,  after  advertising  bids  for  the 
purchase  of  the  same  for  not  less  than  three  weeks 
in  at  least  one  newspaper  published  in  the  county; 
the  right  being  reserved  in  such  advertisement  tc 
reject  any  or  all  such  bids.  [New  section  ap- 
proved April  16.  1880;  Amendments  1880,  p.  62. 
In  effect  April  16,  1880.] 

§  4050.  The  Board  of  Supervisors  shall  cause 
to  be  assessed  and  levied  each  year  upon  the  tax- 
able property  of  the  county,  in  addition  to  the 
levy  authorized  for  other  purposes,  a  sufficient 
sum  to  pay  the  interest  on  outstanding  bonds  is- 
sued in  conformity  with  the  provisions  of  this 
chapter  accruing  before  the  next  annual  levy,  and 
such  i)roportion  of  the  principal  tliat  at  the  end  of 
five  years  the  siuu  raised  from  such  levies  shall 
equal  at  least  twenty  per  cent  of  the  amount  of 
bonds  issued;  at  the  end  of  nine  years,  at  least 
forty  per  cent  of  the  amoimt;  and  at  and  before 
the  date  of  matiu-ity  of  the  bonds,  shall  be  equal 
to  the  whole  amount  of  the  principal  and  interest; 
and  tlie  money  arising  from  such  levies  shall  be 
known  as  the  Bond  Fund,  and  shall  be  used  for 
the  payment  of  bonds  and  interest  coupons,  and  for 
no  other  purpose  whatever;  and  the  Treasurer 
shall  open  and  keep  in  his  books  a  separate  and 
s]jecial  account  thereof,  which  shall  at  all  times 
show  the  exact  condition  of  said  Bond  Fund. 
[New  section  approved  April  16,  1880;  Amend- 
ments 1880,  p.  63.     In  effect  April  16,  1880.] 

§  4051.  Whenever  the  amount  in  the  hands  of 
the  Treasurer  belonging  to  the  Bond  Fund,  after 
setting  aside  the  sum  required  to  pay  the  interest 
maturing  Ijefore  the  next  levy,  is  sufficient  to  re- 
deem one  or  more  bonds,  he  shall  notify  the  owner 
of  such  bond  or  bonds,  by  advertising  in  any  news- 
paper published  in  the  county,  not  less  than  once 
a  week  for  three  successive  weeks,  and  in  some 


877  Permanent   Powers.  §  4052 

newspaper  of  general  circulation  published  in  the 
city  of  San  Francisco,  not  less  than  once  a  week 
for  three  successive  weeks,  that  he  is  pre- 
pared to  pay  the  same,  with  all  interest  accrued 
thereon,  and  that  if  not  presented  for  payment  or 
redemption  within  forty  days  after  the  date  of  the 
publication  of  such  notice,  the  interest  on  such 
bond  shall  cease,  and  the  amount  due  thereon 
shall  be  set  aside  for  its  payment  whenever  pre- 
sented. If  said  bonds  are  not  so  presented  interest 
shall  cease,  and  the  amount  due  be  set  aside  as 
specified  in  said  advertisement.  All  redemptions 
shall  be  made  in  the  exact  order  of  their  issuance, 
beginning  at  the  lowest  or  first  number,  and  the 
notice  herein  required  shall  be  directed  to  the 
postoffice  address  of  the  owner,  as  shown  by  the 
record  Icept  in  the  Treasurer's  office.  [New  sec- 
tion approved  April  l(j,  1880;  Amendments  1880,  p. 
64.    In  effect  April  IG,  1880.] 

§  4052.  If  the  Board  of  Supervisors  of  any 
county  which  has  issued  bonds  under  the  provis- 
ions of  tliis  chapter,  shall  fail  to  make  the  levy  nec- 
essary to  pay  such  bonds,  or  interest  coupons,  at 
maturity,  and  the  same  shall  have  been  presented 
to  the  County  Treasurer,  and  the  payment  thei'eof 
refused,  the  owner  may  file  the  bond,  together 
witli  all  unpaid  coupons,  with  the  State  Control- 
ler, taking  his  receipt  therefor,  and  the  same 
shall  be  registered  in  the  State  Controller's  oflice; 
and  the  State  Board  of  Equalization  shall,  at  their 
next  session,  and  at  each  annual  equalization 
thereafter,  add  to  the  State  tax  to  be  levied  in 
said  covinty  a  sutficient  rate  to  realize  the  amount 
of  principal  or  interest  past  due,  and  to  become 
due,  prior  to  next  levy,  and  the  same  shall  be 
levied  and  collected  as  a  part  of  the  State  tax, 
and  paid  into  the  State  Treasury,  and  passed  to 
the  special  credit  of  such  county  as  bond  tax,  and 
shall  be  paid  b.v  Avarrants,  as  the  payments  ma- 
ture, to  the  holder  of  such  registered  obligations, 
as  shown  bj'  the  register  in  the  office  of  the  State 
Controller,  until  the  same  shall  be  fully  satisfied 
and  discharged;  any  balance  then  remaining  being 
passed  to  tlie  general  account  and  credit  of  said 
county.  [New  section  approved  April  16,  18S(»; 
Amendments  ISSO.  p.  64.  In  effect  April  16,  1880.] 
Pol.  Code— 74. 


§  40»M  Powers  and  Restrictions.  878 

ARTICLE  HI. 

OTHER     POWERS     AND       RESTRICTIONS. 

§  4004.  Board  to  provide  appliances  for  holding  elections, 
and  allow  expenses. 

§  4065.     Certificates  issued,  as  Board  of  Canvassers. 

§  4066.  Appointments  to  vacancies  must  be  made  on  pe- 
tition. 

§  4067.    Power  to  require  attendance  of  witnesses. 

§  406S.     Examination  of  witnesses. 

§  4069.     Officers  and  witnesses  not  to  be  prepaid. 

§  4070.  When  Board  must  not  contract  debts  or  allow  fur- 
ther accounts. 

§  4071.  Claims  of  officers.  Opposition  to  claims  against 
county. 

§  4072.  Account,  mode  of  making  out,  and  limit  of  time  for 
presentation. 

5  4073.    Account  must  be  filed  one  day  prior,  to  session. 

§  4074.  What  claims  to  be  rejected.  Proceedings  on  part 
allowance. 

§  4075.  Dissatisfied  claimant  may  sue,  within  limited  time. 
Costs   on   recovery,    when   allowed. 

§  4076.  What  warrants  must  specify.  Payment  in  order  of 
presentation   or   registration. 

§  4077.  In  what  transaction  Supervisors  not  to  be  inter- 
ested. 

§  4078.  Transfer  of  application,  when  majority  of  Board 
not   disinterested. 

§  4079.    Notices,  how  given. 

§  4080.  Board  to  provide  for  cultivating  shade  and  orna- 
mental  trees.     (Repealed.) 

§  4081.     Require  Assessors  to  report  statistics. 

§  4082.     Claims  in  favor  of  Supervisors. 

§  4083.  Statement  of  county  indebtedness,  assets  and  rate 
of  taxation. 

§  4084.  Receive  and  apply  donations  of  land,  etc.,  for  spe- 
cific purposes. 

§  4085.     Improve   streams   not   navigable. 

§  4086.  Penalty  and  damages  recoverable  on  official  bond 
of  Supervisor. 

§  4087.    Chapter   does   not  apply   to   San    Francisco. 

§  4064.  The  Board  must  provide  all  poll  lists, 
poll  books,  blank  returns  and  certificates,  procla- 
mations of  elections,  and  other  appropriate  and 
necessary  appliances  for  holding  all  elections  in 
the  county,  and  allow  reasonable  charges  therefor, 
and  for  the  transmission  and  return  of  the  same 
to  the  proper  officers. 

Basis  of  section:  Stats.  186G,  p.  511. 


879  Powers  and  Restrictions.  §§  40(35-4069 

§  4065.  Whenever,  as  canvassers,  tlie  Board  of 
Supervisors  have  declared  the  result  of  an  election 
held  in  the  county,  cei'titicates  must  be  by  tlieir 
Clerk  issued  to  all  persons  elected  to  a  county 
office  or  to  a  township  or  district  office  therein, 
and  such  other  certificates  must  be  made  out  and 
transmitted  as  required  by  the  Title  relative  to 
"Elections." 

Basis  of  section:  Stats.  1861,  p.  511. 

§  4066.  No  appointment  to  fill  a  vacancy  in  of- 
fice must  be  made  by  the  Board  except  upon  peti- 
tion, signed  by  at  least  thirty  qualified  electors 
of  the  county,  if  for  a  county  office,  or  by  not  less 
than  fifteen  of  the  qualified  electors  of  the  town- 
ship or  district,  if  for  a  township  or  district  office. 

Basis  of  section:  Stats.  1863," p.  26. 

§  4067.  The  Board  may,  by  their  chairman  or 
the  chairman  of  any  committee,  issue  subpoenas 
to  compel  the  attendance  of  any  person  and  the 
production  of  any  boolis  or  papers  relating  to  the 
affairs  of  the  county,  for  the  purpose  of  examina- 
tion upon  any  matter  within  their  jurisdiction. 

§  4068.  A  witness  is  bound  to  attend,  when 
served,  and  to  answer  all  questions  which  he 
would  be  bound  to  answer  in  the  same  case  before 
a  Court  of  justice.  Disobedience  to  the  subpoena, 
or  to  an  order  to  attend,  or  to  testify,  may  be  en- 
forced by  the  Board,  and  for  that  purpose  the 
Board  has  all  the  powers  conferred  by,  and  the 
Avitness  is  subject  to  all  the  provisions  of.  Chap- 
ter II,  Title  III,  Part  IV,  of  the  Code  of  Civil 
Procedure. 

Provisions  of  Code  of  Civil  Procedure:  Sees.  1985- 
1997. 

§  4069.  Neither  the  officers  serving  subpoenas 
nor  the  witnesses  subpoenaed  to  testify  in  rela- 
tion to  matters  of  public  concern  before  the  Board 
of  Supervisors  are  entitled  to  liave  their  fees  pre- 
paid, but  officers  must  serve  the  subpoenas  and 
witnesses  must  attend  witliout  tlieir  fees  being 
prepaid.  The  Board  must  allow  them  reasonable 
comoensatiou  lor  services  and  attendance. 


§§  4070-4072  Powers  and  Restrictions.  88»i 

Fees  of  witnesses— generally:  Code  Civ.  Proc, 
sec.  1987. 

§  4070.  Tlie  Board  must  not  for  any  purpose 
contract  debts  or  liabilities,  except  in  pursuance 
of  law,  or  under  ordinances  of  their  own,  adopted 
in  accordance  witli  the  powers  herein  conferred; 
and  whenever  debts  and  liabilities  have  been  cre- 
ated which,  added  to  the  salaries  of  county  oflicers 
and  other  estimated  liabilities  fixed  by  law  for 
the  remainder  of  the  year,  equal  in  the  aggregate 
the  revenue  of  the  county  for  current  expenses, 
no  further  allowance  of  any  accounts  must  be 
made. 

Loaning  credit  or  borrowing  money — restrictions 
or  powers  of  county:  Sees.  4004-4005. 

Stats.  1855,  p.  54,  sec.  16. 

§  4071.  No  county  officer  shall,  except  for  his 
own  service,  present  any  claim,  account,  or  de- 
mand for  allowance  against  the  county,  nor  in  any 
way  advocate  the  relief  asked  on  the  claim  or 
demand  made  by  another.  Any  citizen  and  tax- 
payer of  the  county  in  whicli  he  resides  may  ap- 
pear before  the  Board  and  oppose  the  allowance 
of  any  claim  or  demand  made  against  the  county. 
[Amendment  approved  April  1,  1870;  Amendments 
1875-0,  p.  05.     In  effect  in  sixty  days.] 

See  sees.  4046,  4047. 

Origin  of  section — last  sentence  based  on:  Stats. 
1855,  p.  55.    First  sentence  added  by  amdt.  1876. 

§  4072.  The  Board  of  Supervisors  must  not 
hear  or  consider  any  claim  in  favor  of  an  indi- 
vidual against  the  county  unless  an  account  prop- 
erly made  out,  giving  all  items  of  the  claim,  duly 
verified  as  to  its  correctness,  and  that  the  amount 
claimed  is  justly  due,  is  presented  to  the  Board 
within  a  year  after  the  last  item  of  the  account 
accrued. 

Section  based— with  modifications,  on  Stats. 
1866,  p.  836. 

Claim  presented  by  member  of  Board:  Sec.  4082. 


881  Powers  and  Restrictions.  §§  4073-4076 

§  4073.  No  account  must  be  necessarily  passed 
upon  by  tlie  Board  unless  made  out  as  prescribed 
in  the  preceding  section  and  filed  by  the  Clerk  at 
least  one  day  prior  to  the  session  at  which  it  is 
aslied  to  be  heard. 

Basis  of  section— with  modifications:  Stats.  ISfiG, 
p.  836. 

§  4074.  When  the  Board  finds  that  any  claim 
presented  is  not  payable  by  the  county,  or  is  not 
a  proper  county  charge,  it  must  be  rejected;  if 
they  find  it  to  be  a  proper  county  charge,  but 
greater  in  amount  than  is  justly  due,  the  Board 
may  allow  the  claim  in  part,  and  draw  a  warrant 
for  the  portion  allowed,  on  the  claimant  filing  a 
receipt  in  full  for  his  accoimt.  If  the  claimant  is 
unwilling  to  receive  such  amount  in  full  payment 
the  claim  may  be  again  considered  at  the  next 
regular  succeeding  session  of  the  Board,  but  not 
afterward. 

Basis  of  section— and  of  next:  See  sec.  4073  n. 

§  4075.  A  claimant  dissatisfied  with  the  rejec- 
tion of  his  claim  or  demand,  or  with  the  amount 
allowed  him  on  his  account,  may  sue  the  county 
therefor  at  any  time  within  six  months  after  the 
final  action  of  the  Board,  but  not  afterward;  and 
if  in  such  action  judgment  is  recovered  for  more 
than  the  Board  allowed,  on  presentation  of  the 
judgment  the  Board  must  allow  and  pay  the  same, 
together  with  the  costs  adjudged;  but  if  no  more 
is  recovered  than  the  Board  allowed,  the  Board 
must  pay  the  claimant  no  more  than  was  orig- 
inally allowed. 

See  Stats.  1855,  p.  54. 

§  4076.  Warrants  draAvn  by  order  of  the  Su- 
pervisors on  the  County  Treasury  for  the  current 
expenses  during  each  year,  must  specify  the  lia- 
bility for  which  they  are  drawn,  and  when  they 
accrued,  and  must  be  paid  in  the  order  of  presen- 
tation to  the  Treasurer.  If  the  fund  is  insufficient 
to  pay  any  warrant,  it  must  be  registered,  and 
thereafter  paid  in  the  order  of  its  registration. 

Basis  of  section:  Stats.  1855,  p.  54.  See  sec. 
4072. 


§§  4077-4079  Powers  and  Restrictions.  882 

Transfer  of  funds — from  swamp  land  and  sink- 
ing funds  to  general  county  funds,  and  warrants 
thereon:  Stats.  1880,  p.  399  or  133. 

§  4077.  No  member  of  the  Board  must  be  inter- 
ested, directly  or  indirectly,  in  any  property  pur- 
chased for  the  use  of  the  county,  nor  in  any  pur- 
chase or  sale  of  property  belonging  to  the  county, 
nor  in  any  contract  made  by  the  Board  or  other 
persons  on  behalf  of  the  county,  for  the  erection 
of  public  buildings,  the  opening  or  improvement 
of  roads,  or  the  building  of  bridges,  or  for  other 
purposes. 

Basis  of  section:  Stats.  1855,  p.  55. 

Prohibitions  applicable  to  certain  officers:  Sees. 
920-926;  not  to  be  interested  in  any  contract  made 
by  them  in  their  official  capacity,  sec.  920. 

§  4078.  Whenever  an  application  is  made  to 
the  Board  for  an  order,  franchise,  or  license  relat- 
ing to  any  toll  road,  bridge,  ferry,  wharf,  chute, 
pier,  or  other  subject  over  which  the  Board  has 
jurisdiction,  in  which  a  majority  of  the  Board 
are  not  disinterested,  the  application,  by  order  of 
the  Board,  must  be  transferred  to  the  Board  of  Su- 
pervisors of  an  adjoining  county;  the  Clerli  of  the 
Board  must  thereupon  certify  the  application  and 
all  orders  and  papers  relating  thereto  to  the  Board 
to  which  the  transfer  is  ordered;  and  thereafter 
the  Board  to  which  the  same  is  certified  has  full 
jurisdiction  to  hear  and  determine  the  applica- 
tion. [Amendment  approved  April  3.  1880;  Amend- 
ments 1880,  p.  2a.     In  effect  April  3.  1880.] 

Before  amendment  1880 — additional  sentence  at 
end  dispensed  with  transfer  where  disinterested 
County  Judge  was  authorized  to  act  for  Super- 
visor; section  was  then  based  on  Stats.  1857,  p. 
322. 

Toll  road,  bridge,  ferry,  etc.:  See  sees.  2779- 
2920. 

Power  of  Board — generally,  over  toll  franchises 
and  licenses:  Sec.  4046,  subd.  17. 

Interested  Supervisors  not  to  act — on  toll  mat- 
ters: Sec.  2852. 

§  4079.  All  public  notices  of  proceedings  of  or 
to  be  had  before  the  Board,  not  otherwise  specially 
provided  for,  must  be  posted  at  the  Court  House 


883  Powers  and  Restrictions   §§  4080-4084 

door,  and  in  each  election  precinct  in  tlie  county. 
[Amendment  approved   Marcli  30,   1874;   Amend- 
ments 1873-4,  p.  56.    In  effect  July  6,  1874.] 
Basis  of  section:  Stats.  1855,  p.  56. 

S  4080.  The  Board,  under  such  regulations  as 
they  may  adopt,  must  encourage  the  planting  and 
preservation  of  shade  and  ornamental  trees  on  the 
public  roads  and  higliways,  and  on  and  about  the 
public  grounds  and  buildings  of  the  county,  and 
pay  to  persons  planting  and  cultivating  the  same, 
for  every  living  tree  thus  planted,  at  the  age  of 
four  years,  the  sum  of  one  dollar. 

The  repealing  act  of  1880  was  declared  uncon- 
stitutional: See  sec.  4000,  note. 

§  4081.  The  Board  must  require  Assessors  to 
report  to  the  Surveyor  General  annually  a  true 
statement  of  the  agricultural  and  industrial  pur- 
suits and  products  of  the  county,  with  such  other 
statistical  information  as  they  may  by  ordinance 
direct,  and  enforce  obedience  of  the  Assessor 
thereto  by  deducting  such  proportion  of  his  cora- 
Ijensation  as  Assessor  as  to  them  may  seem  appro- 
priate, for  a  failure  to  comply  with  the  order. 

Basis  of  section:  Stats.  1866,  p.  201. 

§  4082.  All  claims  against  the  county  presented 
by  members  of  the  Board  of  Supervisors  for  per 
diem  and  mileage  or  other  service  rendered  by 
them,  must  be  verified  as  other  claims,  and  must 
state  that  the  service  has  been  actually  rendered. 

Verified  as  other  claims:  See  sec.  4072. 

§  4083.  [Repealed  April  1,  1897;  Amendments 
1897,  chap,  cclxvii.     In  effect  immediately.] 

§  4084.  The  Board  must  receive  from  the 
United  States  or  other  sources  lands  and  other 
property  granted  or  donated  to  the  county  for  the 
purpose  of  aiding  in  the  erection  of  county  build- 
ings, roads,  bridges,  or  other  specific  purposes,  and 
may  use  the  same  therefor,  and  may  provide  for 
the  sale  of  the  same  and  the  application  of  the 
proceeds  thereof. 

Basis  of  section:  Stats.  1868,  p.  69;  1870,  pp.  757, 
763. 


§§  4085-4087    Powers  and  Restrictions.  884 

§  4085.  The  Board  may  provide  for  widening, 
deepening,  siraigiitening,  removing  obstructions 
from,  and  otlierwise  improving  all  streams  with- 
in the  county  for  use  as  public  highways  for  raft- 
ing and  floating  lumber,  and  also  protecting  the 
banlvS  and  adjacent  lands  from  overflow  of  such 
streams,  when  the  same  are  not  declared  by  law 
to  be,  and  in  fact  are  not,  navigable  for  commer- 
cial purposes,  and  provide  regulations  for  the  use, 
repair,  and  control  thereof;  but  no  regulations  of 
the  board,  nor  improvements  directed,  must  in 
any  manner  interfere  with  the  private  rights  or 
privileges  of  riparian  owners,  miners,  or  others. 
[Amendment  approved  March  9,  1893;  Stats.  1893, 
p.  111.    In  effect  immediately.] 

Floating  lumber:  Sec.  2389,  ante. 

Navigable  streams:  Sec.  2348,  ante. 

§  4086.  Any  Supervisor  who  neglects  or  refuses 
to  perform  any  duty  imposed  on  him,  without  just 
cause  therefor,  or  who  willfully  violates  any  law 
provided  for  his  government  as  such  ofiicer,  or 
fraudulently  or  corruptly  performs  any  duty  im- 
posed on  him,  or  willfully,  fraudulently,  or  cor- 
ruptly attempts  to  perform  an  act  as  Supervisor, 
unauthorized  by  law,  in  addition  to  the  penalty 
provided  in  the  Penal  Code,  forfeits  to  the  county 
live  hundred  dollars  for  every  such  act,  to  be  re- 
covered on  his  ofBcial  bond,  and  is  further  liable  on 
Ids  oflicial  bond  to  any  person  injured  thereby  for 
all  damages  sustained. 

§  4087.  This  chapter  does  not  apply  to  the 
City  and  County  of  San  Francisco. 

Amendment  of  18S0  declared  unconstitutional: 
See  note  to  sec.  4000. 

See  Const.  Cal.  1879,  art.  11,  sec.  7. 


885  General  Provisions. 

CHAFTEK  111. 

COUNTY    OFFICERS. 

Article  I.  General    Provisions. 

II.  County   Judge. 

III.  County  Treasurer. 

IV.  Sheriff. 

V.     County  Clerk. 

VI.    County    Auditor. 

VII.    County   Recorder. 

VIII.     District   Attorney. 

IX.     County  Surveyor. 

X.    Coroner. 

XI.    Assessors,    Tax    Collectors,    School    Superintend- 
ent,   Public     Administrator,    and   Commissioner 
of  Highways. 
XII.     Constables.    Justices   of   the   Peace,    and   Inferior 
Officers. 

ARTICLE  I. 

GENERAL  PROVISIONS. 

§  4101.     Qualifications    for    county    office. 

§  4102.     Same    for    district    and    township    offices. 

§  4103.    County  officers   enumerated. 

§  4104.    Township  officers. 

§  4105.     Offices  united  and  consolidated. 

§  410ti.     Consolidation   of  offices   by   the   Board. 

I  4107.  Proceedings  on  omission  to  consolidate  and  adver- 
tise  the  consolidation. 

§  4108.  Oath,  bond,  and  compensation  of  consolidated  of- 
fices. 

§  4109.  County  and  other  officers,  when  elected,  and  term 
of  office. 

§  4110.  County  Judges  and  Justices  of  Peace;  election  and 
term  of  office. 

§  4111.     Supervisors,    when    elected.     (Repealed.) 

§  4112.  County  and  township  officers  may  generally  ap- 
point deputies  at  discretion. 

§  4113.     Mode  of  making  appointments  of  assistants. 

§  4114.  Official  mention  of  principal  officer  includes  dep- 
uties. 

§  4115.    Vacancies,  how  filled. 

§  4116.  What  offices  to  be  kept  open  at  county  seat.  Coun- 
ty Judge  and  his  chambers. 

§  4117.  Civil  penalty  for  misconduct  in  office  attaches  to 
official  bond. 

§  4118.    County  officers  may  administer  oaths. 

§  4119.     Certain   officers   must   reside  at   county   seat. 


S§  4101-4105       General  Provisions.  886 

§  4120.  Absence  of  county  officers  from  State. 

§  4121.  Certain  officers  prohibited  from  practicing  law,  etc. 

§  4122.  Official  bonds  classified,  and  amounts  thereof. 

§  4123.  When   amount  of  bond  is  not  fixed  by  law. 

§  4124.  Other  provisions  relating  to  county  officers. 

§  4101.  No  person  is  eligible  to  a  county  office 
who  at  the  time  of  his  election  is  not  of  the  age 
of  twenty-one  years,  a  citizen  of  the  State,  and  an 
elector  of  the  county  in  which  the  duties  of  the 
office  are  to  be  exercised. 

Majority  and  citizenship — as  qualifications  for 
civil  office:  See  sec.  841. 

Elector  defined:  Sec.  59,  ante. 

§  4102.  No  person  is  eligible  to  a  district  or 
township  office  who  is  not  of  the  age  of  twenty- 
one  years,  a  citizen  of  the  State,  and  an  elector 
of  the  district  or  township  in  which  the  duties 
of  the  office  are  to  be  exercised  or  for  which  he  is 
elected. 

§  4103.  The  officers  of  a  county  are:  A  County 
Judge,  a  Treasurer,  a  County  Clerk,  an  Auditor, 
a  Sheriff,  a  Tax  Collector,  a  District  Attorney,  a 
Recorder,  an  Assessor,  a  Surveyor,  a  School  Super- 
intendent, a  Coroner,  a  Public  Administrator,  a 
Board  of  Supervisors,  and.  in  counties  of  the  first 
class,  for  highway  purposes,  a  Commissioner  of 
Highways. 

Amendment  1880  declared  unconstitutional:  See 
sec.  4000  n. 

§  4104.  The  officers  of  townships  are:  Two  Jus- 
tices of  the  Peace,  two  Constables,  and  such  other 
inferior  and  subordinate  officers  as  are  provided 
for  elsewhere  in  this  Code,  or  by  the  Board  of 
Supervisors. 

Amendment  of  1880  declared  unconstitutional: 
See  sec.  4000,  note. 

§  4105.     In  all  the  counties  of  the  third  class: 

1.  The  County  Clerlv  shall  be  ex  officio  Auditor 
and  Recorder; 

2.  The  Sheriff  shall  be  ex  officio  Tax  Collector; 
and, 

3.  The  Coroner  shall  be  ex  officio  Public  Admin- 
istrator. 


887  General  Provisions.      §§  4106, 4107 

§  4106.  By  an  ordinance  adopted,  recorded  and 
published  at  least  three  months  prior  to  a  general 
election  at  which  county  officers  are  to  be  elected, 
the  Boards  of  Supervisors  of  counties  of  the  sec- 
ond class  may  unite  and  consolidate  certain  offices 
by  declaring  that: 

1.  The  Recorder  elected  shall  be  ex  officio  Au- 
ditor; 

2.  The  County  Clerk  elected  shall  be  ex  officio 
Auditor  and  Recorder; 

3.  The  Sheriff  elected  shall  be  ex  officio  Tax 
Collector;  and, 

4.  The  Coroner  elected  shall  be  ex  officio  Public 
Administrator. 

Substitute  for  Public  Administrator— Coroner,  or 
appointee  of  Board  as:  Stats.  1872,  p.  796;  see  post, 
Appendix,  p.  1059. 

Special  acts — as  to  officers  mentioned  in  forego- 
ing two  sections,  consolidating  or  separating  offi- 
ces, fixing  compensation,  etc.  Alameda  County, 
Stats.  1876,  p.  166.  Butte  County,  Stats.  1876,  p. 
906;  1878,  p.  287.  Contra  Costa  County,  Stats. 
1872,  p.  170.  Fresno,  Tulare,  and  Kern  Counties, 
Stats.  1876,  p.  1.51,  amd.  by  Stnts.  1S7(>.  p.  H^H.  and 
by  Stats.  1878,  p.  104.  Kern  County,  see  Fresno, 
etc.  Counties,  supra.  Lake  County.  Stats.  1876,  p. 
599.  Mendocino  County,  Stats.  1872,  p.  17.  Mer- 
ced County,  Stats.  1874,  p.  660.  Placer  County, 
Stats.  1874.  ]).  709.  and  see  17  Cal.  411.  San  Diego 
County,  Stats.  1870,  p.  558.  San  .Toaquin  County, 
Stats.  1874,  p.  692.  San  Luis  Obispo  County,  Stats. 
187(i,  p.  60S.  Santa  Clara  County.  Stats.  1876,  p. 
:^~^•,  see  also  previous  act.  Stats.  1876,  p.  610.  Santa 
Cruz  County,  Stats.  187(5,  p.  576.  Solano  County, 
Stats.  1872.  p.  624.  Stanislaus  County,  Stats.  1874, 
p.  277,  amd.  by  Stats.  1874,  p.  448;  also  see  Stats. 
1874,  ]).  5.S7.  Tehama  County,  Stats.  1874,  p.  796, 
amd.  by  Stats.  1876.  p.  282.  Tulare  County,  Stats. 
1874,  p.  60;  see,  also  combined  head  of  Fresno,  Tu- 
lare, and  Kern  Counties.  Tuolumne  County,  Stats. 
1876,  p.  45. 

§  4107.  When  there  is  an  omission  by  the 
Board  of  Supervisors  to  consolidate  and  to  ad- 
vertise the  consolidation  of  offices  as  in  the  preced- 
ing section  authorized,  each  office  not  so  consoli- 
dated must  lie  filled  by  an  election. 


§§  4108,  4109      General  Provisions.  888 

§  4108.  When  oftices  are  united  and  consoli- 
dated either  by  the  Code  or  by  order  of  the  Su- 
pervisors, the  person  elected  to  fill  the  offices  so 
united  and  consolidated  must  talie  the  oath  and 
give  the  bond  required  for  each,  discharge  all  the 
duties  pertaining  to  each,  and  receive  the  com- 
pensation atfixed  to  the  offices. 

§  4109.  All  elective  county,  city  and  county, 
and  township  officers,  except  Superior  Court 
Judges,  Superintendents  of  Schools,  and  Assessors, 
shall  be  elected  at  the  general  election  to  be  held 
in  the  year  eighteen  liundred  and  eighty-two,  and 
at  the  general  election  to  be  held  every  second  year 
thereafter,  and  shall  talie  office  on  the  first  Mon- 
day after  the  first  day  of  January  next  succeeding 
their  election,  and  shall  hold  office  for  two  years. 
The  years  tliat  said  officers  are  to  hold  office  are  to 
be  computed  respectively  from  and  including  the 
first  Monday  after  the  first  day  of  January  .of 
any  one  year  to  and  excluding  the  first  Monday 
after  the  first  day  of  January  of  the  next  succeed- 
ing year;  provided,  that  all  Supervisors  and  Jus- 
tices of  the  Peace  sliall  talve  office  on  the  first 
Monday  after  the  first  day  of  January  next  suc- 
ceeding their  election,  and  shall  hold  office  for  two 
years.  The  years  during  which  a  Supervisor  and 
Justice  of  the  Peace  is  to  liold  office  are  to  be  com- 
puted respectively  from  and  including  the  first  Mon- 
day of  January  of  any  one  year  to  and  excluding 
the  first  Monday  of  January  next  succeeding.  As- 
sessors of  every  county,  and  of  every  city  and 
county,  shall  be  elected  at  the  general  election  to 
be  held  on  the  first  Tuesday  after  the  first  Mon- 
day in  iS'ovembei",  eighteen  hundred  and  eighty- 
two,  and  at  the  general  election  to  be  held  every 
four  years,  thereafter,  and  sliall  hold  office  for  the 
term  of  four  years  from  and  after  the  first  Mon- 
day after  the  first  day  of  January  next  succeed- 
ing their  election.  [Amendment  approved  March 
7,  1881;  Stats.  1881,  p.  73.  In  effect  March  7, 
1881.] 

Election  and  terras  of  countv  officers — held  not 
affected  by:  Const.  Cal.  1879. 

Township  officers— special  acts  concerning,  pre- 
vious to  amdt.  1881  to  section:  Alameda  County, 
Assessors,  Stats.  1874,  p.  90.     Calaveras  County, 


889  General  Provisions.       §§  4110-4112 

Stats.  1876,  p.  78.     Los  Angeles,  Stats.  1876,  p.  4. 
Tuolumne  County,  Stats.  1874,  p.  453. 

Supervisors— of  various  counties,  special  acts 
concerning  election  organization,  compensation, 
etc.,  previous  to  amdt.  1881  to  section:  Alameda, 
Stats.  1878,  p.  736.  Amador,  Stats.  1874,  p.  43; 
see  Stats.  1876,  p.  370.  Butte,  Stats.  1876,  p.  906. 
Calaveras.  Stats.  1876,  p.  141.  Del  Norte.  Sfats. 
1872,  p.  756,  amd.  bv  Stats.  1874,  p.  12.  El  Dorado, 
Stats.  1874,  p.  872;  and  see  Stats.  1874,  p.  825,  amd. 
by  Stats.  1S76.  p.  681,  and  bv  Stats.  1878,  p.  281. 
Humboldt,  Stats.  1876,  p.  333.  Lal^e,  Stats.  1876,  p. 
599.  Mendocino,  Stats.  1874,  p.  33;  1878,  p.  1021. 
Monterey,  Stats.  1876,  p.  124.  Napa,  Stats.  1874, 
p.  158,  amd.  by  Stats.  1874,  p.  329.  Placer,  Stats. 
1874,  p.  347,  amd.  by  Stats.  1874.  p.  775,  and  Stats. 
1876,  p.  573.  San  Bernardino,  Stats.  1874,  p.  Ill; 
1876,  p.  488.  San  Diego,  Stats.  1872,  p.  191;  1876, 
p.  558.  San  Joaquin,  Stats.  1874,  p.  766.  San  Luis 
Obispo,  Stats.  1876,  p.  493,  amd.  by  Stats.  1878, 
p.  36.  San  Mateo,  Stats.  1874,  p.  479,  amd.  by 
Stats.  1874,  p.  779.  Santa  Clara,  Stats.  1876.  p.  35. 
Santa  Cruz,  Stats.  1876,  p.  576;  1878,  p.  155.  So- 
noma, Stats.  1874,  p.  382,  amd.  by  Stats.  1876,  p. 
726.  Tehama,  Stats.  1874,  p.  816.  Tuolumne,  Stats. 
1874,  p.  154. 

§  4110.  The  election  and  terms  of  office  of 
County  Judges  and  Justices  of  the  Peace  are  pro- 
vided for  in  Title  I  of  the  Code  of  Civil  Procedure. 

Repealing  act  of  1880  was  declared  unconstitu- 
tional: See  sec.  4000,  n. 

County  Judges— on  abolition  of  existing  Courts 
by  Const.  Cal.  1879,  art.  22,  sec.  3,  superseded  by 
Judges  of  Superior  Courts:  See  Code  Civ.  Proc, 
sec.  65  et  seq. 

Justices  of  the  Peace — held  judicial  officers  vpith- 
in  the  meaning  of  Const.  Cal.,  1879,  art.  22,  sec.  10. 

§  4111.  [Repealed;  Stats.  1881,  p.  73.  In  effect 
March  7,  1881.] 

§  4112.  Every  county  and  township  officer,  ex- 
cept County  Judge,  Supervisor,  and  Justice  of  the 
Peace,  may  appoint  as  many  deputies  as  may  be 
necessary  for  the  faithful  and  prompt  discharge 
of  the  duties  of  his  office. 
Pol.  Code— 75. 


§  4113-4116         General  Provisions.  890 

Deputies— powers,  duties,  etc.:  Sec.  865.  Official 
bond  may  be  required  from,  by  partj-  appointing, 
sec.  985.  Appointing,  sec.  876.  Aliens,  prohibition 
of  appointment  of  certain,  Stats.  1880,  p.  116  or  23. 
Deputy  of  ex  officio  Auditors  and  Recorders,  Board 
of  Supervisors  may  allow,  Stats.  1880,  27,  post. 
Appendix,  p.  957. 

§  4113.  The  appointment  of  deputies,  clerks, 
and  suboi'dinate  officers  of  counties,  districts,  and 
townships  must  be  made  in  w/iting,  and  filed  in 
the  office  of  the  County  Clerk. 

§  4114.  Whenever  the  official  name  of  any  prin- 
cipal officer  is  used  in  any  law  conferring  power, 
imposing  duties  or  liabilities,  it  includes  his  de- 
puties. 

§  4115.  A  vacancy  in  the  office  of  County  Judge 
is  filled  by  an  appointee  of  the  Governor.  All 
other  vacancies  in  county  and  township  offices  are 
filled  by  appointments  made  by  the  Board  of  Su- 
pervisors. Appointees  hold  until  the  vacancies  are 
filled  by  election. 

Amendment  of  1880  declared  unconstitutional: 
See  sec.  4000,  n. 

County  Judge:  See  sec.  4110  n;  changed  to  Supe- 
rior by  void  amdt.  1880. 

Vacancies— generally:  Sees.  990.  997.  999  n.,  1004; 
in  Board  of  Supervisors,  sec.  4026. 

§  4116.  Sheriffs,  Clerks,  Recorders,  Treasurers, 
Tax  Collectors,  District  Attorneys,  and  Auditors, 
must  have  their  offices  at  the  county  seat,  and 
keep  them  open  for  the  transaction  of  business 
from  nine  o'cloclc  A.  M.  till  five  o'clock  P.  M., 
every  day  in  the  year,  except  holidays.  The  Coun- 
ty Judge  must  have  chambers  at  the  county  seat, 
and  must  establish  such  rules  and  houx's  for  official 
business  as  may  be  necessary  for  the  dispatch 
thereof.  He  must  attend  at  his  chambers  at  least 
one  day  in  each  week. 

Amendment  of  1880  declared  unconstitutional: 
See  sec.  4000  n. 

Holidays— changed  to  non-judicial  days  by  void 
amdt.  1S80. 

Basis  of  section:  Stats.  1850,  pp.  115,  261;  1851. 
pp.  190,  199:  1863,  p.  56. 


S91  General  Provisions.       §§  4117-4122 

§  4117.  Whenever,  except  in  criminal  prosecu- 
tions, any  special  penalty,  forfeiture,  or  liability 
is  imposed  on  any  officer  for  non-performance  or 
mal-performance  of  official  duty,  the  liability 
therefor  attaches  to  the  official  bond  of  such  offi- 
cer, and  to  the  principal  and  sureties  thereon. 

Official  bonds:  Sees.  947-986. 

§  4118.  Every  officer  mentioned  in  section  four 
thousand  one  hundred  and  three,  and  every  Jus- 
tice of  the  Peace,  may  administer  and  certify 
oaths. 

Administration  of  oaths — and  affirmations:  Code 
Civ.  Proc,  sees.  2093-2097. 

§  4119.  The  following  officers  must  reside  at 
the  county  seat  of  their  respective  counties:  The 
County  Judge,  the  Treasurer,  the  County  Clerli, 
the  Auditor,  the  Sheriff,  the  Tax  Collector,  the  Dis- 
trict Attorney,  the  Recorder. 

Amendment  of  1880  declared  unconstitutioual: 
See  sec.  4000  n. 

§  4120.  A  county  officer  shall,  in  no  case,  ab- 
sent himself  from  the  State  for  a  period  of  more 
than  sixty  days,  and  for  no  period  without  the  con- 
sent of  the  Board  of  Supervisors  of  his  county. 
[Amendment  approved  February  10,  1876;  amend- 
ments 1875-6,  p.  65.    In  effect  February  10,  1876.] 

Before  amendment  1876— absence  prohibited  for 
more  than  thirty  days,  unless  (before  amdt.  1874) 
with  the  consent  of  the  Legislature. 

Absence  of  judicial  officer:  Const.  Cal.  1879,  art. 
6.  sec.  9. 

§  4121.  Sheriffs,  ClerlvS  and  Constables  and 
tlieir  deputies  are  prohibited  from  practicing  law 
or  acting  as  attorneys  or  counselors  at  law,  or 
having  as  a  partner  a  lawyer  or  any  one  who  acts 
as  such. 

Basis  of  section— Stats.  1850,  pp.  261,  263;  1851, 
p.  190. 

§  4122.  County  officers  must  execute  official 
bonds  corresponding  to  the  class  of  the  county  of 
wliich  they  are  officers,  in  the  following  amounts: 

First— Sheriffs,   first  class,   sixty  thousand   dol- 


§  4122  General  Provisions,  892 

lars;  second  class,  twenty-five  thousand  dollars; 
third  class,  ten  thousand  dollars. 

Second — Clerks,  first  class,  twenty-five  thou- 
sand dollars;  second  class,  fifteen  thousand  dol- 
lars; third  class,  six  thousand  dollars. 

Third— Auditors,  first  class,  twenty  thousand 
dollars;  second  class,  ten  thousand  dollars;  third 
class,  two  thousand  dollars. 

Fourth— Treasurers,  first  class,  one  hundred 
thousand  dollars;  second  class  eighty  thousand 
dollars;  third  class,  sixty  thousand  dollars. 

Fifth— Recorders,  first  class,  ten  thousand  dol- 
lars; second  class,  five  thousand  dollars;  third 
class,  two  thousand  dollars. 

Sixth— District  Attorneys,  first  class,  fifteen 
thousand  dollars;  second  class,  ten  thousand  dol- 
lars; third  class,  two  thousand  dollars. 

Seventh— Assessors,  first  class,  twenty  thousand 
dollars;  second  class,  ten  thousand  dollars;  third 
class,  three  thousand  dollars. 

Eighth— Tax  Collectors,  first  class,  fi.fty  thou- 
sand dollars;  second  class,  thirty  thousand  dollars; 
third  class,  fifteen  thousand  dollars. 

Ninth — Surveyors,  first  class,  ten  thousand  dol- 
lars; second  class,  five  thousand  dollars;  third 
class,  one  thousand  dollars. 

Tenth — School  Superintendents,  first  class,  five 
thousand  dollars;  second  class,  three  thousand  dol- 
lars; third  class,  one  thousand  dollars. 

Eleventh— Coroners,  first  class,  five  thousand 
dollars;  second  class,  two  thousand  dollars;  third 
class,  one  thousand  dollars. 

Twelfth — Public  Administrators,  first  class, 
thirt.v  thousand  dollars;  second  class,  twenty 
thousand  dollars;  third  class,  ten  thousand  dol- 
lars. 

Thirteenth — Supervisors,  first  class,  fifteen  thou- 
sand dollars:  second  class,  ten  thousand  dollars; 
third  class,  two  thousand  dollars.  [Amendment 
approved  March  30,  1874:  amendments  1873-4,  p. 
56.    In  effect  July  6,  1874.] 

Before  amendment  1874 — section  had.  in  subd. 
4,  fifty  instead  of  eighty,  and  twenty  instead  of 
sixty. 

County  oflScers— Sec.  4103. 

Bonds  of  coimty  and  township  officers— ap- 
proval, filing  and  recording,  sec.  950. 

Oflacial  bonds— generally,  sees.  947-986. 


893  Judge  of   Superior   Court.  §§  4123-4134 

Class  of  a  county:    See  sec.  400G. 

Special  Acts — fixing  bonds  of  county  officers  in 
various  counties.  Alpine,  Stats.  1876,  p.  140.  Cal- 
averas, see  Mariposa.  Colusa,  Stats.  1878,  p.  569. 
Contra  Costa,  Stats.  1872,  pp.  158,  183.  Del  Norte, 
Stats.  1878.  p.  2.  El  Dorado,  Stats.  1872.  p.  594. 
Fresno,  Tulare  and  Kern,  Stats.  1876,  p.  16.  Kern, 
see  last  sub-title,  also  Tulare,  infra.  Lassen, 
see  Modoc.  Marin,  Stats.  1878,  p.  196.  Mariposa, 
Tuolumne  and  Calaveras,  Stats.  1876,  p.  17.  Mer- 
ced, Stats.  1872,  p.  21.  Modoc  and  Lassen,  Stats. 
1876,  p.  154,  San  Diego,  Stats.  1876,  p.  558.  Santa 
Cruz,  Stats.  1876,  p.  121.  Tulare  and  Kern,  Stats. 
1876,  p.  172;  see  also  Fresno.  Tuolumne,  see  Mari- 
posa.    Ventura,  Stats.  1878,  p.  334. 

§  4123.  When  the  amount  of  the  bond  to  be 
given  by  any  county  or  township  officer  is  not 
fixed  by  law,  the  amount  must  be  fixed  by  the 
Board  of  Supervisors. 

§  4124.  Other  provisions  relating  to  the  differ- 
ent classes  of  officers  ai'e  contained  in  Chapter 
VII,  Title  I  of  Part  III  of  this  Code. 

Different  classes  of  officers— general  provisions 
relating  to,  sees.  841-1032. 

ARTICLE    II. 

JUDGE   OF  SUPERIOR  COURT. 
§  4134.     Duties   of   Judge   of   the   Superior   Court. 

§  4134.  Each  Judge  of  the  Superior  Court 
must: 

1.  Perform  the  duties  of  a  magistrate; 

2.  Hold  Superior  Courts; 

3.  Grant  certificates  to  tlie  official  character  of 
the  County  Clerl<: 

4.  Certify  to  the  ownership  of  wrecked  property, 
or  its  proceeds; 

5.  Perform  such  other  duties  as  are  prescribed 
in  any  of  the  laws  of  this  State.  [Amendment  ap- 
proved April  3,  1880;  amendments  1880,  p.  24.  In 
effect  April  3,  1880.] 

Before  amendment  1880 — section  named  County 
Judge  instead  of  Judge  of  Superior  Court  (see  sec. 
4110  n.)  and  County  and  Probate  Courts  instead  of 
Superior,  and  in  s'ubd.  3  provided  for  taking  and 
certifying  acknowledgments. 


I  4144  County  Treasurer,  894 

ARTICLE    III. 

COUNTY   TREASURER. 

§  4144.  Duties   of  County  Treasurer. 

§  4145.  To  receive  no  money,  except  on  certificate  of  Audi- 
tor. 

§  4146.  Treasurer's  and  Auditor's  receipt  lor  money. 

§  4147.  Mode    of   redeeming   warrants. 

§  4148.  Registry   of  warrants,   when  no  funds. 

§  4149.  Notice  of  redemption  of  warrants  bearing  interest. 

§  41-50.  Contents   of  such  advertisement. 

§  4151.  Priority  in   payment  of  warrants. 

§  4152.  Action  when  warrants  not  represented  in  time. 

§  4153.  Treasurer  must  note  the  interest  paid  on  warrant. 

§  4154.  Monthly   and   annual    settlements    with   Auditor. 

§  4155.  Report  to  Board  of  Supervisors  each  session. 

§  4156.  Penalty   for  not   settling   or   reporting. 

§  4157.  When  he  must  sue  District  Attorney. 

§  4158.  When  he  must  sue  Coroner. 

§  4159.  Disposition    of   property   received    from    Coroner. 

§  4160.  Money  thus  derived,   conditions  of   repayment. 

§  4161.  Treasurer  must  not  part  with  or  loan  public  money, 
but  may  make  special  deposit. 

§  4162.  Supervisors  may  suspend  Treasurer. 

§  4163.  Delivery  of  effects  of  deceased  Treasurer.  No  per- 
centage on  money  received  from  predecessor. 

§  4164.  Books  and  vouchers  subject  to  inspection. 

§  4165.  Treasurer  must  permit  examination  of  his  books, 
and   counting   of   money  in   treasury. 

§  4144.    The  County  Treasurer  must: 

1.  Receive  all  moneys  belonging  to  the  county, 
and  all  other  moneys  by  law  directed  to  be  paid 
to  him,  safely  keep  the  same  and  apply  and  pay 
them  out,  rendering  account  thereof  as  required 
by  law; 

2.  File  and  keep  the  certificates  of  the  Auditor 
delivered  to  him  when  moneys  are  paid  into  the 
Treasury; 

3.  Keep  an  account  of  the  receipt  and  expendi- 
ture of  all  such  moneys,  in  boolvS  provided  for 
the  iiurpose;  in  which  must  be  entered  the 
amount,  the  time  when,  from  whom  and  on  what 
account  all  moneys  were  received  by  him;  the 
amount,  time  when,  to  Avhom  and  on  what  ac- 
count all  disbursements  were  made  by  him; 

4.  So  keep  his  books  that  the  amount  received 
and  paid  out  on  account  of     separate     funds     or 


895  County  Treasurer.       §§  4145-4149 

specific  appropriations  are  exhibited  in  separate 
and  distinct  accounts,  and  the  whole  receipts  and 
expenditures  shown  In  one  general  or  cash  ac- 
count. 

5.  Enter  no  moneys  received  for  the  current 
year  on  his  account  with  the  county  for  the  past 
fiscal  year,  until  after  his  annual  settlement  for 
the  past  year  has  been  made  with  the  County  Au- 
ditor; 

G.  Disburse  the  County  moneys  only  on  county 
warrants  issued  by  the  County  Auditor,  based  on 
orders  of  the  Board  of  Supervisors,  or  as  other- 
wise provided  by  law. 

County  Treasurer— duty,  to  safely  keep  County 
Clerk's  ofiicial  bond,  sec.  986. 

Deputies  and  clerks  of:  See  post.  Appendix,  p. 
1066. 

Acts  relating  to  transfer  of  funds:  See  post.  Ap- 
pendix, pp.  1067,  1068. 

§  4145.  He  must  receive  no  money  into  the 
Treasury  unless  accompanied  by  the  certificate  of 
the  Auditor  provided  for  in  Section  4217. 

§  4146.  When  any  money  is  paid  to  the  County 
Treasurer  he  must  give  to  the  person  paying  the 
same  a  receipt  therefor,  which  must  forthwith  be 
deposited  with  the  County  Auditor,  who  must 
charge  the  Treasurer  therewith  and  give  the  per- 
son paying  the  same  a  receipt. 

§  4147.  When  a  warrant  is  presented  for  pay- 
ment, if  there  is  money  in  the  Treasury  for  that 
purpose  he  must  pay  the  same,  and  write  on  the 
face  thereof  "Paid,"  the  date  of  payment,  and 
sign  his  name  thereto. 

§  4148.  When  any  warrant  is  presented  to  the 
Treasurer  for  payment  and  the  same  is  not  paid 
for  want  of  funds,  the  Treasurer  must  indorse 
thereon,  "Not  paid  for  want  of  funds,"  annexing 
the  date  of  presentation  and  sign  his  name  thereto; 
and  from  that  time  until  paid  the  warrant  bears 
seven  per  cent,  per  annum  interest. 

Registering  unpaid  warrants:  See  sec.  4076, 
ante. 

§  4149.  When  there  are  sufficient  moneys  In 
the  Treasury  to  pay  the  warrants  drawing  inter- 


§§  4150-4153        County  Treasurer.  896 

est,  the  Treasurer  must  give  notice  in  some  news- 
paper published  in  his  county,  or,  if  none  is  pub- 
lished, then  by  written  notice  posted  upon  the 
Court  House  door,  stating  therein  that  he  is  ready 
to  pay  such  warrants.  From  the  first  pubhcation 
or  posting  of  such  notice  such  warrants  cease  to 
draw  interest. 
Basis  of  section— Stats.  1850,  p.  115. 

§  4150.  In  advertising  warrants  under  the  pro- 
visions of  this  section  in  any  newspaper,  the 
Treasurer  must  not  publish  the  warrants  in  detail, 
but  give  notice  only  that  county  warrants  pre- 
sented for  payment  prior  to  such  a  date,  stated  in 
the  notice,  are  payable.  When  a  part  only  of  the 
warrants  presented  for  payment  on  the  same  day 
are  payable,  the  Treasurer  must  designate  such 
payable  warrants  in  the  advertisement. 

§  4151.  Wai'rants  drawn  on  the  Treasury  and 
properly  attested  are  entitled  to  preference  as  to 
payment  out  of  moneys  in  the  Treasury 
properly  applicable  to  such  warrants  accord- 
ing to  the  priority  of  time  in  which  they 
were  presented.  The  time  of  presenting 
such  warrants  must  be  noted  by  the  Treas- 
urer, and  upon  the  receipt  of  moneys  into  the  Treas- 
ury not  otherwise  appropriated,  he  must  set  apart 
the  same  or  so  much  thereof  as  is  necessary  for 
the  payment  of  such  warrants. 

Preference  according  to  priority — See  sec.  4076, 
ante. 

§  4152.  Should  such  warrants  not  be  re-pre- 
sented for  payment  within  sixty  days  from  the 
time  of  the  notice  hereinbefore  provided  for  is 
given,  the  fund  set  aside  for  the  payment  of  the 
same  must  be  by  the  Treasurer  applied  to  the  pay- 
ment of  unpaid  warrants  next  in  order  of  registry. 
The  Board  of  Supei'visors  may,  on  application  and 
presentation  of  warrants  properly  indorsed,  which 
have  been  advertised,  pass  an  order  directing  the 
Treasurer  to  pay  them  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated. 

§  4153.  When  the  Treasurer  pays  any  warrant 
on  which  any  interest  is  due  he  must  note  on  the 


897  County  Treasurer.        §§  4154-4157 

warrant  the  amount  of  interest  paid  thereon,  and 
enter  on  his  account  the  amount  of  such  interest 
distinct  from  the  principal. 

§  4154.  The  Treasurer  must  settle  his  accounts 
relating  to  the  collection,  care  and  disbursement 
of  public  revenue,  of  whatsoever  nature  and  kind, 
with  the  Auditor,  on  the  first  Monday  of  each 
month.  For  the  purpose  of  making  sucli  settle- 
ment he  must  make  out  a  statement,  under  oath, 
of  the  amount  of  money  or  other  property  received 
prior  to  the  period  of  such  settlement,  the  sources 
whence  the  same  was  derived,  the  amount  of  pay- 
ments or  disbursements,  and  to  whom,  with  the 
amount  remaining  on  hand.  He  must,  in  such  set- 
tlements, deposit  all  warrants  redeemed  by  him 
and  take  the  Auditor's  receipt  therefor.  He  must 
also  make  a  full  settlement  of  all  accounts  with 
the  Auditor  annually  on  the  first  Monday  of  Jan- 
uary, in  the  presence  of  the  Supervisors,  who  have 
a  supervisory  control  tliereof. 

See  Pen.  Code,  sees.  176,  434,  436. 

§  4155.  Each  County  Treasurer  must  make  a 
detailed  report,  at  every  regular  meeting  of  the 
Board  of  Supervisors  of  his  county,  of  all  moneys 
received  by  laim  and  the  disbursement  thereof,  and 
of  all  debts  due  to  and  from  the  county,  and  of  all 
other  proceedings  in  his  office,  so  that  the  receipts 
into  the  Treasury  and  the  amount  of  disburse- 
ments, together  with  the  debts  due  to  and  from 
the  county,  may  clearly  and  distinctly  appear. 

§  4156.  If  any  County  Treasurer  neglects  or  re- 
fuses to  settle  or  report,  as  required  in  Sections 
4154,  4155,  he  forfeits  and  must  pay  to  the  county 
the  sum  of  five  hundred  dollars  for  every  such 
neglect  or  refusal,  and  the  Board  of  Supervisors 
must  institute  suits  for  the  recovery  thereof. 

§  4157.  If  the  District  Attorney  refuses  or  neg- 
lects to  account  for  and  pay  over  money  received 
by  him,  as  required  by  the  fifth  subdivision  of  Sec- 
tion 42.56,  the  County  Treasurer  must  bring  an 
action  against  him  for  the  recovery  thereof  in  the 
name  of  the  county,  and  may  recover  in  such  ac- 
tion, in  addition  to. the  amount  so  received,  fifty 
per  cent,  thereon  by  way  of  damages. 


§§  4158-4163        County  Treasurer.  898 

§  4158.  If  the  Coroner,  or  any  Justice  of  the 
Peace  acting  as  Coroner,  fails  to  deliver  to  the 
Treasurer  within  thirty  days  after  any  inquest 
upon  a  dead  body,  all  money  and  property  found 
upon  such  body,  unless  claimed  in  the  meantime 
by  the  Public  Administrator  or  other  legal  repre- 
sentative of  the  decedent,  as  required  by  Section 
4287,  the  Treasurer  must  proceed  against  the  Cor- 
oner, or  Justice  acting  as  Coroner,  to  recover  the 
same  by  civil  action  in  the  name  of  the  county. 

§  4159.  The  Treasurer,  upon  receiving  from  the 
Coroner,  or  Justice  acting  as  Coroner,  money 
found  on  a  dead  body,  must  place  it  to  the  credit 
of  the  county.  On  receiving  other  property  in 
lilie  manner,  he  must  within  thirty  days  sell  it  at 
public  auction  upon  I'easonable  public  notice,  and 
must  in  lilie  manner  place  the  proceeds  to  the 
credit  of  the  county. 

§  4160.  If  the  money  in  the  Treasury  is  de- 
manded within  six  years  by  the  legal  representa- 
tives of  the  decedent,  the  Treasurer  must  pay  it  to 
them,  after  deducting  the  fees  and  expenses  of  the 
Coroner  and  of  the  county  in  relation  to  the  mat- 
ter; or  the  same  may  be  so  paid  at  any  time  there- 
after upon  the  order  of  the  Board  of  Supervisors. 

§  4161.  The  County  Treasurer  must  keep  all 
moneys  belonging  to  this  State  or  to  any  county  of 
this  State  in  his  own  possession  until  disbursed  ac- 
cording to  law.  He  must  not  place  tlie  same  in 
the  possession  of  any  person,  to  be  used  for  any 
purpose;  nor  must  he  loan  or  in  any  manner  use  or 
permit  any  person  to  use  the  same,  except  as  pro- 
vided by  law;  but  nothing  in  this  section  prohibits 
him  from  making  special  deposits  for  the  safe 
keeping,  of  the  public  moneys. 

§  4162.  Whenever  an  action  based  upon  offi- 
cial misconduct  is  commenced  against  any  County 
Treasurer,  the  Supervisors  may,  in  their  discre- 
tion, suspend  him  from  office  until  sucli  suit  is 
determined,  and  may  appoint  some  person  to  fill 
the  vacancy. 

§  4163.  In  case  of  the  death  of  any  County 
Treasurer,  his  legal  representatives  must  deliver 


899  Sherifif.  §§  4164-4175 

up  all  official  moneys,  books,  accounts,  papers  and 
docujnents  which  come  into  their  possession.  No 
percentage  must  be  allowed  to  the  Treasurer  on 
any  money  by  him  received  from  his  predecessor 
in  office,  or  from  the  legal  representatives  of  such 
predecessor. 

§  4164.  The  books,  accounts  and  vouchers  of 
the  Treasurer  are  at  all  times  subject  to  the  in- 
spection and  examination  of  the  Board  of  Super- 
visors and  Grand  Jury. 

§  4165.  The  Treasurer  must  permit  the  County 
Judge  and  Auditor  to  examine  his  books  and  count 
the  money  in  the  Treasury  whenever  they  may 
wish  to  make  an  examination  or  counting. 

Amendment  of  1880  declared  unconstitutional: 
See  sec.  4000,  note. 

ARTICLE    IV. 

SHERIFF. 

§  4175.  "Process"  and  "notice"   defined. 

§  4176.  Duties  of  Sheriff. 

§  4177.  Return  by  mail   to  another  county. 

§  4178.  Return  prima  facie  evidence. 

§  4179.  Penalty  for  delaying  return. 

§  4180.  Liability  for  refusing  to  levy  or  sell.  • 

§  4181.  Damages  for  refusing  to   pay  over  money. 

§  4182.  Liability   for   permitting   an   escape. 

§  4183.  Liability  for  a  rescue. 

§  4184.  No  action  for  escape  or  rescue  after  return  or  re- 
capture. 

§  4185.  Direction   to   Sheriff   must   be   In   writing. 

§  4186.  When    ofiBce    of   Sheriff    deemed    vacant. 

§  4187.  When  Sheriff  justified  in  executing  process. 

§  4188.  Officer  to  exhibit  process. 

§  4189.  Sheriff'  to  act  as  crier. 

5  4190.  Service  on  Sheriff,   how  made. 

S  4191.  Coroner  to  execute  process  when  Sheriff  is  a  party. 

§  4192.  Elisors  to  act  in   cases  designated. 

§  4193.  Other   duties   of   Sheriff. 

§  4175.  "Process,"  as  used  in  this  article,  in- 
cludes all  writs,  warrants,  summons  and  orders  of 
Courts  of  justice  or  judicial  officers.  "Notice"  in- 
cludes all  papers  and  orders  (except  process)  re- 
quired to  be  served  in  any  i)roceeding  before  any 
Court,  board  or  officer,  or  when  required  by  law 
to  be  served  independently  of  such  proceeding. 


§  4176  Sheriff.  900 

§  4176.    The  Sheriff  must: 

1.  Preserve  the  peace; 

2.  Arrest  and  take  before  the  nearest  magis- 
trate, for  examination,  all  persons  who  attempt  to 
commit  or  who  have  committed  a  public  offense^ 

3.  Prevent  and  suppress  all  affrays,  breaches  of 
the  peace,  riots  and  insurrections  which  may  come 
to  his  knowledge; 

4.  Attend  all  courts,  except  Justices',  Probate 
and  Police  Courts,  at  their  respective  terms,  held 
within  his  county,  and  obey  their  lawful  orders 
and  directions; 

5.  Command  the  aid  of  as  many  male  inhabi- 
tants of  his  county  as  he  may  think  necessary  in 
the  execution  of  these  duties; 

6.  Take  charge  of  and  keep  the  County  Jail  and 
the  prisoners  therein; 

7.  Indorse  upon  all  process  and  notices  the  year, 
month,  day,  hour  and  minute  of  reception,  and  is- 
sue therefor  to  the  person  delivering  it,  on  pay- 
ment of  fees,  a  certificate  showing  the  names  of 
the  parties,  title  of  paper  and  time  of  reception; 

8.  Serve  all  process  and  notices  in  the  manner 
prescribed  bj'  law; 

9.  Certify  under  his  hand  upon  process  or 
notices  the  manner  and  time  of  service,  or,  if  he 
fails  to  make  service,  the  reasons  of  his  failure, 
and  return  the  same  without  delay. 

Subdivision  1.  Sheriff  is  peace  oflicer— Penal 
Code,  sec.  817. 

Subdivision  2.  Refusal  of  Sheriff  to  make  ar- 
rest— punishment  for.  Penal  Code.  sec.  142. 

Subdivision  4.  Probate  Courts— superseded  by 
Superior  Courts  after  abolition  of  existing  Courts 
by  Const.  Cal.  1879,  art.  22,  sec.  3.  Abolition  of 
terms.  Const.  Cal.  1879,  art.  6,  sec.  5. 

Obey  orders  and  directions — to  provide  Court- 
rooms, etc..  Code  Civ.  Proc,  sec.  144. 

Subdivision  7.  Process  and  notices  —  defined, 
sec.  4175. 

Subdivision  8.  Process  and  notices — see  subd. 
7  n.  Summons,  service  of,  Code  Civ.  Proc,  sec. 
410,  et  se<i. 

Subdivision  9.  Return  of  process  or  notices- 
Sees.  4177-4179. 

Act  authorizing  supervisors  to  furnish  Sheriff 
and  deputies  with  badge:  See  post,  Appendix,  p. 
1060. 


901  Sheriff.  §§  4177-4181 

§  4177.  When  process  or  notices  are  returnable 
to  another  county,  he  may  inclose  such  process  or 
notice  in  an  envelope,  addressed  to  the  officer  from 
whom  the  same  emanated,  and  deposit  it  in  the 
postoftiee,  prepaying  postage. 

§  4178.  The  return  of  the  Sheriff,  upon  process 
or  notices,  is  prima  facie  evidence  of  the  facts  in 
such  return  stated.  [Amendment  approved  March 
30.  1874;  amendments  1873-4,  p.  'u.  In  effect  July 
6,  1874.] 

Prima  facie  evidence— defined,  Code  Civ.  Proc, 
see.  1833. 

§  4179.  If  the  Sheriff  does  not  return  a  notice 
or  process  in  his  possession  with  the  necessary  in- 
dorsement thereon  without  delay,  he  is  liable  to 
the  party  aggrieved  for  the  sum  of  two  hundred 
dollars  and  for  all  damages  sustained  by  him. 

§  4180.  If  the  Sheriff  to  whom  a  writ  of  exe- 
cution is  delivered  neglects  or  refuses,  after  being 
required  by  the  creditor  or  his  attorney,  to  levy 
upon  or  sell  any  property  of  the  party  charged  in 
the  writ  which  is  liable  to  be  levied  upon  and  sold, 
lie  is  liable  to  the  creditor  for  tlie  value  of  such 
property. 

Sheriff's  duty  to  execute  process— Sec.  4187. 

Sale  without  notice— liability  of  officer  for,  Code 
Civ.  Proc,  sec.  G93. 

Resale— limit  of  liability  of  officer  on.  Code  Civ. 
I'roc,  sec.  (597. 

Indemnity  bond— may  be  required  by  Sheriff 
where  property  claimed  by  third  person:  See  Code 
Civ.   Proc,   sec.  689. 

§  4181.  If  he  neglects  or  refuses  to  pay  over  on 
demand,  to  the  person  entitled  thereto,  any  money 
which  may  come  into  his  hands  by  virtue  of  his 
office  (after  deducting  his  legal  fees),  the  amount 
thereof,  with  twenty-five  per  cent,  damages  and 
interest  at  the  rate  of  ten  per  cent,  per  month  from 
the  time  of  demand,  may  be  recovered  by  such  per- 
son. 

Not  paying  over  money  received  by  him — by  vir- 
tue of  his  office;  office  of  Sheriff  is  vacant  for, 
Pol.  Code— 76. 


§S  4182-4184  Sheriff.  902 

when  he  remains  committed  sixty  days  on  account 
of,  sec.  4186. 

§  4182.  A  SherilT  who  suffers  the  escape  of  a 
person  arrested  in  a  civil  action,  without  the  con- 
sent or  connivance  of  the  party  in  whose  belialf 
the  arrest  or  imprisonment  was  made,  is  liable  as 
follows: 

1.  When  the  arrest  is  upon  an  order  to  hold  to 
bail  or  upon  a  surrender  in  the  examination  of 
bail  before  judgment,  he  is  liable  to  the  plaintiff 
as  bail; 

2.  When  the  arrest  is  on  an  execution  or  com- 
mitment to  enforce  the  payment  of  money,  he  is 
liable  for  the  amount  expressed  in  the  execution 
or  commitment; 

3.  When  the  arrest  is  on  an  execution  or  com- 
mitment other  than  to  enforce  the  payment  of 
money,  he  is  liable  for  the  actual  damages  sus- 
tained; 

4.  Upon  being  sued  for  damages  for  an  escape 
or  rescue  he  may  introduce  evidence  in  mitigation 
and  exculpation. 

Persons  arrested  in  a  civil  action— in  Justices' 
Court.  Code  Civ.  Proc  sees.  864,  865.  Witness, 
Code  Civ.  Proc,  sec.  2069. 

Escapes  of  criminal  offenders— Penal  Code,  sees. 
105-110. 

Subdivision  1.  Liability  as  bail— Code  Civ. 
Proc,  sec.  501. 

Subdivision  3.  Commitment — or  attachment  for 
contempt,  detention  on.  Code  Civ.  Proc,  sec  1214. 

§  4183.    He  is  liable  for  a  rescue  of  a  person  ar- 
rested in  a  civil  action,  equally  as  for  an  escape. 
Liability  for  rescue — Code  Civ.  Proc,  sec.  501. 
Kescue  of  criminals— Penal  Code,  sec.  101. 

§  4184.  An  action  cannot  be  maintained 
against  the  Sheriff  for  a  rescue,  or  for  an  escape  of 
a  person  arrested  upon  an  execution  or  commit- 
ment, if,  after  his  rescue  or  escape  and  before  the 
commencement  of  the  action,  the  prisoner  returns 
to  the  jail,  or  is  retalien  by  the  Sheriff. 


903  Sheriff.  §§  4185-4192 

§  4185.  No  dh'ection  or  authority  by  a  party  or 
his  attorney  to  a  Sheriff,  in  respect  to  the  execu- 
tion of  process  or  return  thereof,  or  to  any  act  or 
omission  relating  thereto,  is  available  to  discharge 
or  excuse  the  Sheriff  from  a  liability  for  neglect  or 
misconduct,  unless  it  is  contained  in  a  writing, 
signed  by  the  attorney  of  the  party,  or  by  the 
party  if  he  has  no  attorney. 

§  4186.  When  the  Sheriff  is  committed  under 
an  execution  or  commitment  for  not  paying  over 
money  received  by  him  by  virtue  of  his  office,  and 
remains  committed  for  sixty  days,  his  office  is  va- 
cant. 

§  4187.  A  Sheriff  or  other  ministerial  officer,  is 
justified  in  the  execution  of  and  must  execute  all 
process  and  orders  regular  on  their  face  and  is- 
sued by  competent  authority,  whatever  may  be  the 
defect  in  the  proceedings  upon  which  they  were 
issued. 

§  4188.  The  officer  executing  process  must 
then,  and  at  all  times  subsequent,  so  long  as  he  re- 
tains it,  upon  request  show  the  same,  with  all 
papers  attached,  to  any  person  interested  therein. 

§  4189.  The  Sheriff  in  attendance  upon  Court 
must  act  as  the  Crier  thereof,  call  the  parties  and 
witnesses  and  all  other  persons  bound  to  appear  at 
the  Court,  and  make  proclamation  of  the  opening 
and  adjournment  of  the  Court,  and  of  any  other 
matter  under  its  direction. 

§  4190.  Service  of  a  paper,  other  than  process, 
upon  the  Sheriff  may  be  made  by  delivering  it  to 
him  or  to  one  of  his  deputies,  or  to  a  person  in 
charge  of  the  office  during  office  hours,  or  if  no 
such  person  is  there,  by  leaving  it  in  a  conspicuous 
place  in  the  oflicc. 

§  4191.  When  the  Sheriff  is  a  party  to  an  ac- 
tion or  proceeding,  the  process  and  orders  therein, 
which  it  would  otherwise  be  the  duty  of  the 
Sheriff  to  execute,  must  be  executed  by  the  Coro- 
ner of  the  county. 

§  4192.  Process  and  orders  in  an  action  or  pro- 
ceeding may  bo  executed  l).y  a  person  residing  in 
the  county,  designated  by  the  Court  or  the  Judge 


§  4193  Sheriflf.  904 

thereof,  anrl  denominated  an  Elisor,  in  the  follow- 
ing cases: 

1.  When  the  Sheriff  and  Coroner  are  both 
parties; 

2.  Wlien  either  of  these  officers  is  a  party,  and 
the  process  is  against  the  other;  and 

3.  When  eitlier  of  these  officers  is  a  party,  and 
there  is  a  vacancy  in  the  office  of  the  other,  or 
when  it  appears  by  affidavit  to  the  satisfaction  of 
the  Court  in  which  the  proceeding  is  pending,  or 
the  Judge  thereof,  that  both  of  these  officers  are 
disqualified,  or  by  reason  of  any  bias,  prejudice  or 
other  cause,  would  not  act  promptly  or  impar- 
tially. 

When  process  is  delivered  to  an  Elisor,  he 
must  execute  and  retiirn  it  in  the  same  manner 
as  the  Sheriff  is  required  to  execute  similar  pro- 
cess.    [In  effect  April  3,  1880.] 

The  amendment  of  April  27,  1880.  was  declared 
unconstitutional:  See  note  to  sec.  4000.  Its  lan- 
guage was  similar. 

Before  amendments  1880 — section  contained  the 
words  "or  a  County  Judge"  after  the  clause  "or  a 
Judge  thereof."  and  was  based  on  Stats.  1857,  p. 
323. 

Fees  of  Elisor— or  Coroner,  same  as  of  Sheriff. 
Stats.  1874,  p.  794. 

§  4193.  The  Sheriff  must  perform  such  other 
duties  as  are  required  of  him  by  law. 

Sheriff— badge  of  office,  for  himself  and  deputies, 
to  be  provided  by  County  Boards  of  Supervisors: 
See  post.  p.  1000. 

Other  duties— Sheriff  as  Tax  Collector,  see  sec. 
4106:  duty  as  to  licenses,  see  sec.  3387.  To  sum- 
mon jurors.  Code  Civ.  Proc,  sees.  225-227.  To  re- 
move intruder  on  public  land,  sec.  42.  To  serve 
notice  of  contest  of  election  of  member  of  Legisla- 
ture, sec  276.  To  serve  process  of  courts  martial, 
sec.  2084.  Te  deliver  persons  to  insane  asylum, 
sec.  2218.  To  dispose  of  floating  lumber,  sec.  2391. 
As  to  Avrecked  i)roperty.  sees.  2403,2404.2406.2407. 
2408,  2412,  2415,  2417.  To  be  ex-officio  auctioneer, 
when,  sec.  3291.  To  attend  meetings  of  Board  of 
Supervisors,  sec.  4047.  To  reside  at  county  seat, 
sec.  4119.  Not  to  practice  law,  etc..  sec.  4121.  In 
criminal  cases,  see  Penal  Code,  sees.  243.  1216, 
1224,  1229,  1230,  1601,  1602,  1609,  1611. 


905  County    Clerk.  §  4204 

ARTICLE    V. 

COUNTY   CLERK. 

§  4204.     Duties  of  County  Clerk. 
§  4205.    Other    records    and    duties. 

§  4204.    The  County  Clerk  must: 

1.  Take  charge  of  and  safely  keep  or  dispose  of 
according  to  law,  all  books,  papers  and  records 
which  may  be  filed  or  deposited  in  his  oflSce. 

2.  Act  as  Clerk  of  the  Board  of  Supervisors,  and 
as  Clerk  of  the  District,  County  and  Probate  Courts 
and  attend  each  term  thereof,  and  upon  the  Judges 
at  Chambers  when  required. 

3.  Issue  all  process  and  notices  required  to  be 
issued;  enter  all  orders,  judgments  and  decrees 
proper  to  be  entered;  keep  in  eacli  Court  a  docket, 
in  which  must  be  entered  the  title  of  each  cause, 
with  the  date  of  its  commencement,  a  memoran- 
dum of  every  subsequent  proceeding  therein,  with 
the  date  thereof,  and  a  list  of  all  the  fees  charged. 

4.  Keep  for  the  District  and  County  Courts,  in 
separate  volumes,  an  index  of  all  suits,  labeled 
"General  Index — Plaintiffs,"  each  page  of  which 
must  be  divided  into  seven  columns,  imder  their 
respective  heads,  alphabetically  arranged  as  fol- 
lows: "Number  of  suit,"  "Plaintiffs."  "Defend- 
ants," Date  of  judgment,"  "Number  of  judgment," 
"Page  of  entry  of  judgment  in  Judgment  Rook," 
"Page  of  Minute  Booli  of  District  Court;"  also  an 
index  labeled  "General  Index — Defendants,"  each 
page  of  which  must  be  divided  into  seven  columns, 
under  their  respective  heads,  alphabetically  ar- 
ranged as  follows:  "Number  of  suit,"  "Defend- 
ants," "Plaintiffs,"  "Date  of  judgment,"  "Num- 
ber of  judgment,"  "Page  of  entry  of  judgment  in 
Judgment  Book,"  "Page  in  Order  Book  of  District 
Court." 

Amendment  of  ISSO  was  declared  unconstitu- 
tional: See  sec.  4()(M),  note. 

County  Clerk— may  issue  exempt  fire  certifi- 
cates, sec.  3339.  Election  for  removal  of  county 
seat,  statement  of  result  must  be  deposited  in 
office  of,  sec.  3983.  Term  of,  in  San  Francisco,  un- 
der Con.st.  Cal.  1879.  Bond  of,  sec.  4122, 
subd.     2.       Deputies     and     assistants     of:     See 


§§  4205-4215  Auditor.  906 

post,  Appendix,  p.  958.  To  take  affidavits  of  pen- 
sion claimants  without  charge:  See  post,  Appen- 
dix, p.  960. 

Subdivision  2.  Clerk  of  Board  of  Supervisors- 
County  Clerk  is  ex-officio,  sec.  4029. 

Clerk  of  Courts— as  such,  to  certify  facts  of  con- 
test of  title  to  office,  sec.  937;  not  to  make  public 
divorce  and  attachment  papers,  when,  sec,  1032. 

§  4205.  He  must  keep  such  other  records  and 
perform  such  other  duties  as  are  prescribed  by 
law. 

Other  duties  of  County  Clerk— Contested  elec- 
tions, in,  sees.  274,  275,  281.  Ex-officio  Sealer  of 
Weights  and  Measures,  as,  sees.  562-564.  566-567. 
Official  bonds,  as  to.  sees.  800,  950,  986.  Elections, 
as  to.  1094  et  seq.,  1264-1268,  1284.  1287.  1289.  1293. 
1308,1310.  Ex-officio  Auditor  and  Recorder,  when  to 
be,  sec.  4105,  subd.  1,  sec.  4106,  subd.  2.  County 
Seat,  to  keep  office  open  at,  sec.  4116;  and  to  reside 
tliere,  sec.  4119.  Law.  not  to  practice,  etc.,  sec. 
4121.  See  further.  Civil  and  Penal  Codes,  and 
Code  of  Civil  Procedure. 

Indexing  names  of  aliens,  making  declarations 
of  intention:  See  General  Laws,  title  "Aliens." 

Divorce  and  attachment  papers  not  to  be  made 
public:     Sec.  1032. 


ARTICLE      VI. 

AUDITOR. 

§  4215.  Auditor  to  draw  warrants  authorized  by  Supervis- 
ors or  law. 

§  4216.    Warrants   must  specify  what. 

§  4217.     Settlement  with  debtors  to  the  county. 

§  4218.    To  keep  accounts,   file  receipts,   etc. 

§  4219.  Warrants  of  Auditor  to  be  numbered,  marked  and 
registered. 

§  4220.    Auditor  to  examine  books  of  Treasurer,  when. 

§  4221.  Auditor  and  County  Judge  to  count  money  In  Treas- 
ury and  make  statement. 

§  4222.    Statements   to   be   filed   and   posted. 

§  4223.  Quarterly  statements  concerning  collection  of  rev- 
enue and  financial  condition  of  county. 

§  4224.    Other   duties. 

§  4215.    The  Auditor  must  draw  warrants  on 
the  County  Treasurer  in  favor  of  all  persons  en- 


907  Auditor.  §§  4216-4221 

titled  tliereto  in  payment  of  all  claims  and  de- 
mands chargeable  against  the  county  which  have 
been  legally  examined,  allowed,  and  ordered  paid 
by  the  Board  of  Supervisors;  also,  for  all  debts 
and  demands  against  the  county  when  the 
amounts  are  fixed  by  law,  and  which  are  not  di- 
rected to  be  audited  by  some  other  person  or  tri- 
bunal. 

§  4216.  All  warrants  must  distinctly  specify 
the  liability  for  which  they  are  drawn,  and  when 
it  accrued. 

Warrants  for  current  expenses— Same  requisites 
for,  sec.  4076. 

§  4217.  The  Auditor  must  examine  and  settle 
the  accounts  of  all  persons  indebted  to  the  county, 
or  holding  moneys  payable  into  the  County  Treas- 
ury, and  must  certify  the  amount  to  the  Treasurer, 
and  upon  the  presentation  and  filing  of  the  Treas- 
urer's receipt  therefor  give  to  such  person  a  dis- 
charge, and  charge  the  Treasurer  with  the  amount 
received  by  him. 

§  4218.  The  Auditor  must  lieep  accounts  cur- 
rent with  the  Treasurer,  and  when  any  person  de- 
posits with  the  Auditor  any  receipt  given  by  the 
Treasurer  for  any  money  paid  into  the  Treasury, 
the  Auditor  must  file  such  receipt  and  charge  the 
Treasurer  with  the  amount  thereof. 

§  4219.  All  warrants  issued  by  the  Auditor  dur- 
ing each  year,  commencing  witli  the  first  Monday 
in  January,  must  be  numbered  consecutively,  and 
the  number,  date,  and  amount  of  each,  and  the 
name  of  the  person  to  whom  payable,  and  the  pur- 
pose for  which  drawn,  must  be  stated  thereon,  and 
they  must,  at  the  time  they  are  issued,  be  I'egis- 
tex'ed  by  him. 

§  4220.  The  Auditor  must,  between  the  first 
and  tenth  of  each  month,  examine  the  books  of  the 
Treasurer  and  see  that  the  same  have  been  cor- 
rectly kept. 

§  4221.  The  Judge  of  the  Superior  Court  and 
Auditor  must,  at  least  once  in  each  month,  count 
the  money  in  the  County  Treasury,  and  make 
and  verify  in  duplicate  statements  showing: 


§§  4222-4224  Auditor.  908 

1.  Tlie  amount  of  money  that  ought  to  be  in  the 
Treasury. 

2.  The  amount  and  liind  of  money  actually 
therein.    [In  effect  April  3,  1880.] 

Amendment  of  April  27.  1880,  was  declared  uu- 
ooustitutioual:  See  sec.  4000,  note. 

§  4222.  They  must  file  one  of  the  statements  in 
the  otiice  of  the  County  Clerk,  and  the  Auditor 
must  post  and  maintain  the  other  in  his  office  for 
at  least  a  'month  thereafter. 

§  4223.  The  Auditor  and  Treasurer  of  each 
county  must  on  the  first  Monday  in  February, 
May,  August,  and  November,  make  a  joint  state- 
ment to  the  Board  of  Supervisors,  showing  the 
whole  amount  of  collections  (stating  particularly 
the  source  of  each  portion  of  the  revenue)  fi'om  all 
sources  paid  into  the  County  Treasury,  the  funds 
among  which  the  same  was  distributed,  and  the 
amount  to  each;  the  total  amount  of  warrants 
drawn  and  paid,  and  on  what  fund;  the  total 
amount  of  warrants  drawn  and  impaid,  and  ac- 
counts or  claims  audited,  or  allowed  and  unpaid, 
and  the  fund  out  of  which  they  are  to  be  paid, 
and  generally  make  a  full  and  specific  showing  of 
the  financial  condition  of  the  county. 

§  4224.  The  Auditor  must  discharge  such  other 
duties  as  are  required  by  law. 

Otlier  duties  of  Auditor — As  to  licenses,  sees. 
3356-3358,  3364;  as  to  taxes:  See  sees.  3727  et  seq. 
When  County  Clei'k  is  ex  officio  Auditor  and  Re- 
corder, see  sees.  4105,  4106. 


909  Recorder.  §§  4234,4235 

ARTICLE  VII. 

RECORDER. 

§  4234.  Recorder  to  procure  record  books,  and  have  cus- 
tody of  records  and  papers  In   ofiSce. 

§  4235.    What  to   be   recorded. 

§  4236.    Indexes    to    be    kept    by    Recorder. 

§  4237.     Records    of    certificates    of    sale. 

§  4238.    To    record    decrees    of    partition,    etc. 

§  4239.     Filing  of  copy  to  impart  notice. 

§  4240.  Combination  of  indexes,  and  arrangement  of  names 
therein. 

§  4241.  Recorder's  duty  on  receipt  of  instrument  to  be  re- 
corded. 

§  4242.  Indorsing  book,  etc.,  when  record  made,  and  re- 
turning instrument. 

§  4243.  Recorder  to  make  searches  and  furnish  certificates 
thereof. 

§  4244.    Liable    for   neglect    of    certain    duties. 

§  4245.    Fees  to  be  prepaid. 

§  4246.    Records  to  be  open  for  inspection. 

§  4234.  The  Recorder  must  procure  such  books 
for  records  as  the  business  of  his  office  requires, 
but  orders  for  the  same  must  first  be  obtained 
from  the  Board  of  Supervisors.  He  has  the  cus- 
tody of  and  must  lieep  all  books,  records,  maps, 
and  papers  deposited  in  his  office. 

Recorder— County  Clerk  as  ex  officio,  sees.  4105, 
410(5. 

§  4235.  He  must,  upon  the  payment  of  his  fees 
for  the  same,  record  separately,  in  large  and  well- 
bound  separate  books,  in  a  fair  hand: 

1.  Deeds,  grants,  transfers,  and  mortgages  of 
real  estate,  releases  of  mortgages,  powers  of  attor- 
ney to  convey  real  estate,  and  leases  which  have 
been  aclcnowledged  or  proved; 

2.  Mortgages  of  personal  property; 

3.  Certificates  of  marriage  and  marriage  con- 
tracts; 

4.  Wills  admitted  to  probate; 

5.  Official  bonds; 

6.  Notices  of  mechanics'   liens; 

7.  Transcripts  of  judgments  which  by  law  of 
this  state,  or  of  the  United  States,  are  made  liens 
upon  real  estate  in  this  state; 


§  4236  Recorder.  910 

8.  Notices  of  attachments  upon  real  estate; 

9.  Notices  of  ttie  pendency  of  an  action  affecting 
real  estate,  the  title  thereto,  or  possession  thereof: 

10.  Instruments  describing  or  relating  to  the 
separate  property  of  maiTied  women; 

11.  Notices  of  pre-emption  claims; 

12.  Births  and  deaths;  and, 

13.  Such  other  writings  as  are  required  or  per- 
mitted by  law  to  be  recorded.  [Amendment  ap- 
proved March  14,  1895;  Stats.  1895,  52.  In  effect 
March  14,  1895.] 

Recording  transfers— Civil  Code,  sees.  1185-1217; 
what  may  be  recorded,  §§  1158-1165  of  same;  mode 
of  recording,  sees.  1169-1173  of  same;  effect  of  re- 
cording, or  the  want  thereof,  sees.  1213-1217  of 
same. 

Transfers:   See  Recording  Transfers,  note  supra. 

Mortgages— Civil  Code,  see.  2952;  assignment  of, 
sec.  2934  of  same:  discharge  of,  sees.  2938-2941  of 
same. 

Powers  of  Attorney— to  execute  a  mortgage,  Civil 
Code,  sec.  2933. 

Proof  of  acknowledgment  of  instruments — Civil 
Code,  sees.  1180-1207. 

Mortgages  of  personal  property— Civil  Code,  sees. 
2959-2964. 

Marriage  certificates — Civil  Code.  sees.  74-77;  and 
contracts.  Civil  Code.  sees.  179,  180;  Register  of 
marriages,  see  sec.  3079  of  this  Code. 

Wills  admitted  to  probate:  See  Code  Civ.  Proc, 
sees.  1318,  1322. 

Official  bonds:    Sees.  950,  951. 

Mechanics'  liens:   Code  Civ.  Proc,  sec.  1187. 

Judgments  affecting  real  property:  Civil  Code, 
sec.  1159;  and  see  this  Code,  sec.  4328. 

Attachment  of  realty:    Code  Civ.  Proc,  sec.  542. 

Lis  pendens:    Code  Civ.  Proc,  sec  409. 

Separate  property  of  married  women:  Civil 
Code,  sees.  165,  166. 

Pre-emption  claims:     See  Civil  Code,  sec.  1158. 

Births  and  deaths:  Sees.  3077,  3079,  also  sec 
3080. 

What  may  be  recorded:  Civil  Code,  sees.  1158- 
1165. 

§  4236.    Every  Recorder  must  keep: 

1.    An  index  of  deeds,  grants,  and  transfers,  la- 


911  Recorder.  §  423G 

beled  "Grantors,"  each  page  divided  into  four  col- 
umns, lieaded  respectively:  "Names  of  grantors," 
"Names  of  grantees,"  "Date  of  deeds,  grants,  or 
transfers,"  and  "Where  recorded." 

2.  An  index  of  deeds,  labeled  "Grantees,"  each 
page  divided  into  four  columns,  headed  respec- 
tively: "Names  of  grantees,"  "Names  of  grantors," 
"Date  of  deeds,  grants,  or  transfers,"  and  "Where 
recorded." 

3.  Two  indexes  of  mortgages,  labeled  respec- 
tively: "Mortgages  of  real  property,"  "Mortgages 
of  personal  property,"  with  the  pages  thereof  di- 
vided into  five  columns,  headed  respectively: 
"Names  of  mortgagors,"  "Names  of  mortgagees," 
"Date  of  mortgages,"  "Where  recorded,"  "When 
discharged." 

4.  Two  indexes  of  "Mort-gagees,"  labeled  re- 
spectively: "Mortgagees  of  real  property,"  "Mort- 
gagees of  personal  property,"  with  the  pages  there- 
of divided  into  five  columns,  headed  respectively: 
"Names  of  mortgagees,"  "Names  of  mortgagors," 
"Date  of  mortgages,"  "Where  recorded,"  "When 
discharged." 

5.  Two  indexes  of  i-eleases  of  mortgages,  la- 
beled respectively:  "Releases  of  mortgages  of  i*eal 
property — mortgagors,"  "Releases  of  mortgages  of 
personal  property — mortgagors,"  with  the  pages 
thereof  divided  into  six  columns,  lieaded  respec- 
tively: "Parties  releasing,"  "To  wliom  releases 
are  given,"  "Date  of  releases,"  "Where  releases 
are  recorded,"  "Date  of  mortgages  released," 
"Where  mortgages  released  are  recorded." 

6.  Two  indexes  of  releases  of  mortgages,  labeled 
respectively:  "Releases  of  mortgages  of  real  prop- 
erty—mortgagees," "Releases  of  mortgages  of  per- 
sonal property— mortgagees,"  with  the  pages  there- 
of divided  into  six  columns,  headed  respectively: 
"Parties  whose  mortgages  are  released,"  "Parfies 
releasing,"  "Date  of  releases,"  "Where  recorded," 
"Date  of  mortgages  released,"  "Where  mortgages 
released  are  recorded." 

7.  An  index  of  powers  of  attorney,  labeled 
"Powers  of  Attorney,"  each  page  divided  into  five 
columns,  headed  respectively:  "Names  of  parties 
executing  the  powers,"  "To  whom  powers  ax"e  exe- 
cuted," "Date  of  powers."  "Date  of  recording," 
"Where  powers  are  recorded." 


§  4236  Recorder.  912 

8.  An  index  ol'  leases,  labeled  "Leases,"  each 
page  divided  into  four  columns,  headed  respective- 
ly: "Names  of  lessors,"  "Names  of  lessees,"  "Date 
of  leases,"  "When  and  where  recorded." 

9.  An  index  of  leases,  labeled  "Lessees,"  each 
page  divided  into  four  columns,  headed  respective- 
ly: "Names  of  Lessees,"  "Names  of  lessors," 
"Date  of  leases,"  "When  and  where  recorded." 

10.  An  index  of  marriage  certificates,  labeled 
"Marriage  certificate — Men,"  each  page  divided 
into  six  columns,  headed  respectively:  "Men  mar- 
ried," "To  whom  married,"  "When  married,"  "By 
whom  married,"  "Where  married,"  "Where  cer- 
tificates are  recorded." 

11.  An  index  of  marriage  certificates,  labeled 
"Marriage  certificates — Women,"  each  page  divid- 
ed into  six  columns,  headed  respectively:  "Women 
married"  (and  under  this  head  placing  the  family 
names  of  the  women),  "To  whom  married,"  "Wheiii 
married,"  "By  whom  married,"  "Where  married," 
"Where  certificates  are  recorded." 

12.  An  index  of  assignments  of  mortgages  and 
leases  labeled  "Assignments  of  ^Mortgages  and 
Leases— Assignors,"  each  page  divided  into  five  col- 
umns, headed  respectively:  "Assignors,"  "Assign- 
ees," "Instruments  assigned,"  "Date  of  assign- 
ments,"  "When  and  where  recorded." 

13.  An  index  of  assignments  of  mortgages  and 
leases,  labeled  "Assignments  of  Mortgages  and 
Leases— Assignees,"  each  page  divided  into  five 
columns,  headed  respectively:  "Assignees,"  "As- 
signors," "Instruments  assigned,"  "Date  of  as- 
signments," "When  and  where  recorded." 

14.  An  index  of  wills,  labeled  "Wills,"  each  page 
divided  into  four  columns,  headed  respectively: 
"Names  of  testators,"  "Date  of  wills,"  "Date  of 
probate,"  "When  and  where  recorded." 

15.  An  index  of  oflicial  bonds,  labeled  "Official 
Bonds,"  each  page  divided  into  five  columns,  head- 
ed respectively:  "Names  of  officers."  "Names  of 
offices,"  "Date  of  bonds,"  "Amount  of  bonds," 
"When  and  where  recorded." 

16.  An  index  of  notices  of  mechanics'  liens,  la- 
beled "Mechanics'  Liens,"  each  page  divided  into 
three     columns,     headed    respectively:     "Parties 


913  Recorder.  §  4237 

claiming  liens,"  "Against  whom  claimed,"  "Notices 
when  and  where  recorded." 

17.  An  Index  to  transcripts  of  judgments,  label- 
ed "Transcripts  of  Judgments,"  each  page  divided 
into  seven  columns,  headed  respectively:  "Judg- 
ment debtors,"  ".Judgment  creditors,"  "Amount  of 
judgments,"  "Where  recovered,"  "When  recov- 
ered," "When  transcript  filed,"  "When  judgment 
satisfied." 

18.  An  index  of  attachments,  labeled  "Attach- 
ments," each  page  divided  into  six  columns,  head- 
ed respectively:  "Parties  against  whom  attach- 
ments are  issued,"  "Parties  issuing  attachments," 
"Notices  of  attachments,"  "When  recorded," 
"Where  recorded,"  "When  attachments  dis- 
charged." 

19.  An  index  of  notices  of-  the  pendency  of  ac- 
tions, labeled  "Notices  of  Actions,"  each  page  di- 
vided into  three  columns,  headed  respectively: 
"Parties  to  the  actions,"  "Notices  when  recorded," 
"Where  recorded." 

20.  An  index  of  separate  property  of  married 
women,  labeled  "Separate  Property  of  Married 
Women,"  each  page  divided  into  five  columns, 
headed  respectively:  "Names  of  married  women," 
"Names  of  their  husbands,"  "Nature  of  instru- 
ments recorded,"  "When  recorded,"  "Where  re- 
corded." 

21.  An  index  of  pre-emption  claims,  labeled 
"Pre-emption  Claims,"  each  page  divided  into  five 
columns,  headed  respectively:  "Claimants,"  "No- 
tices," "When  received,"  "Date  of  notices,"  "When 
and  where  recorded." 

22.  An  index  to  the  Register  of  births  and 
deaths. 

.  §  4237.  The  Recorder  must  keep  in  his  office  a 
book  to  be  called  "Certificates  of  Sale,"  and  re- 
cord therein  all  certificates  of  sale  of  real  estate 
sold  under  execution  or  under  order  made  in  any 
judicial  proceeding.  He  must  also  prepare  an  in- 
dex thereto,  in  which  in  separate  columns  he  must 
enter  the  names  of  the  plaintiff  in  the  execution, 
the  defendant  in  the  execution,  the  purchaser  at 
the  sale,  and  the  date  of  the  sale. 
Basis  of  section:  Stats.  1866,  p.  813. 
Pol.  Code— 77. 


§§  4238-4241  Recorder.  914 

§  4238.  The  Recorder  must  file  and  record  with 
the  record  of  deeds,  grants,  and  transfers,  certified 
copies  of  final  judgments  or  decrees  partitioning 
or  affecting  the  title  or  possession  of  real  prop- 
erty, any  part  of  which  is  situate  in  the  county 
of  whicli  he  is  Recorder. 

Basis  of  section:  Stats.  1870,  p.  798. 

See  Civ.  Code:  Sec.  11.59. 

§  4239.  Every  such  certified  copy  of  partition, 
from  the  time  of  the  filing  the  same  with  the  Re- 
corder for  record,  imparts  notice  to  all  persons  of 
the  contents  thereof;  and  subsequent  purchasers, 
mortgagees,  and  lienholders,  purchase  and  talie 
with  like  notice  and  effect  as  if  such  copy  of  de- 
cree was  a  duly  recorded  deed,  grant,  or  transfer. 

Basis  of  section:  Stats.  1870,  p.  798. 

§  4240.  The  Recorder  may  keep  in  the  same 
v(jlume  any  two  or  more  of  the  indexes  mentioned 
in  section  423G,  but  the  several  indexes  must  be 
kept  distinct  from  each  other,  and  the  volume  dis- 
tinctly marked  on  the  outside  in  such  way  as  to 
show  all  the  indexes  kept  therein.  The  names  of 
the  parties  in  the  first  column  in  the  several  in- 
dexes must  be  arranged  in  alphabetical  order,  and 
when  a  conveyance  is  executed  by  a  Sheriff,  the 
name  of  the  Sheriff  and  the  party  charged  in  the 
execution  must  both  be  inserted  in  the  index;  and 
when  an  instrument  is  recorded  to  which  an 
executor,  administrator,  or  trustee,  is  a  party,  the 
name  of  such  executor,  administrator,  or  trustee, 
together  with  the  name  of  the  testator  or  intestate, 
or  party  for  whom  the  trust  is  held,  must  be  insert- 
ed in  the  index. 

§  4241.  When  any  instrument,  paper,  or  no- 
tice, authorized  by  law  to  be  recorded,  is  depos- 
ited in  the  Recorder's  office  for  record,  the  Re- 
corder must  indorse  upon  the  same  the  time  when 
it  was  received,  noting  the  year,  month,  day, 
hour,  and  minute  of  its  reception,  and  must  re- 
cord the  same  without  delay,  together  with  the 
acknowledgments,  proofs,  and  certificates,  writ- 
ten upon  or  annexed  to  the  same,  with  the  plats, 
surveys,  schedule,  and  other  papers  thereto  an- 
nexed, in  the  order  and  as  of  the  time  when  the 


915  Recorder.  §§  4242-4244 

same  was  received  for  record,  and  must  note  at 
the  foot  of  the  record  the  exact  time  of  its  recep- 
tion, and  the  name  of  the  person  at  whose  request 
it  was  recorded. 

§  4242.  He  must  also  indorse  upon  each  in- 
strument, paper,  or  notice,  tlie  time  when  and  the 
boolt  and  pagQS  in  which  it  is  recorded,  and  must 
thereafter  deliver  it,  upon  request,  to  the  party 
leaving  the  same  for  record,  or  to  his  order. 

§  4243.  The  Recorder  must,  upon  the  applica- 
tion of  any  person,  and  upon  the  payment  or  ten- 
der of  the  fees  therefor,  malie  searches  for  con- 
veyances, mortgages,  and  all  other  instruments, 
papers,  or  notices  recorded  or  tiled  in  his  office, 
and  furnish  a  certificate  thereof,  stating  the  names 
of  the  parties  to  such  instrunients,  papers,  and  no- 
tices, the  dates  thereof,  the  year,  month,  day,  liour, 
and  minute  they  were  recorded  or  filed,  the  extent 
to  Avhich  they  purport  to  affect  the  property  to 
wliich  they  relate,  and  the  book  and  pages  where 
they  are  recorded. 

Payment  or  tender  of  fees— essential  pre-requis- 
ite:  Sec.  4245. 

§  4244.  If  any  Recorder  to  whom  an  instru- 
ment, proved  or  acknowledged  according  to  law, 
or  any  paper  or  notice  wliicli  may  by  law  be  re- 
corded,   is   delivered    for   record: 

1.  Neglects  or  refuses  to  record  such  instru- 
ment, paper,  or  notice,  within  a  reasonable  time 
after  receiving  the  same;  or, 

2.  Records  any  instruments,  papers,  or  notices 
untruly,  or  in  any  other  manner  than  as  herein- 
before directed;  or, 

3.  Neglects  or  refuses  to  Iceep  in  his  office  such 
indexes  as  are  required  by  this  article,  or  to  make 
the  proper  entries  therein;  or, 

4.  Neglects  or  refuses  to  make  the  searches  and 
to  give  the  certificate  required  by  this  article;  or 
if  sucli  searches  or  certificate  are  incomplete  and 
defective  in  any  important  particular  affecting  the 
property  in  respect  to  which  the  search  is  request- 
ed; or, 

5.  Alters,  changes,  or  obliterates  any  records 
deposited  in  his  office,  or  inserts  any  new  mat- 
ter therein;  he  is  liable  to  the  party  aggrieved  for 


§§  4245-4256        District  Attorney.  916 

three  times  the  amount  of  the  damages  which  may 
be  occasioned  thereby. 

Records — offenses  concerning,  by  officer  having 
the  custody  of  them:  Penal  Code,  sec.  113;  by  any 
person,  Penal  Code,  sees.  114,  115,  470,  471. 

§  4245.  He  is  not  bound  to  record  any  instru- 
ment, or  file  any  paper  or  notice,  or  furnish  any 
copies,  or  to  render  any  service  connected  with 
his  office,  until  his  fees  for  the  same,  as  prescribed 
by  law,  are,  if  demanded,  paid  or  tendered. 

§  4246.  All  books  of  record,  maps,  charts,  sur- 
veys, and  other  papers  on  file  in  the  Recorder's 
office,  must,  during  office  hours,  be  open  for  the 
inspection  of  any  person  who  may  desire  to  in- 
spect them,  and  may  be  inspected  without  charge; 
and  the  Recorder  must  arrange  the  books  of  re- 
cord and  indexes  in  his  office  in  such  suitable 
places  as  to  facilitate  their  inspection. 


ARTICTiE  VIIT. 

DISTRICT    ATTORNEY. 

§  4253.  Duties   of   District   Attorney. 

§  4257.  Legal   adviser  of  Supervisors. 

§  4268.  Must  not  advocate  claims  against  his  own  county. 

§  4259.  Qualifications   of  district  attorney. 

§  4256.  The  District  Attorney  is  the  public 
prosecutor,  and  must: 

1.  Attend  the  District  and  County  Courts,  and 
conduct,  on  behalf  of  the  people,  all  prosecutions 
for  public  offenses: 

2.  Institute  proceedings  before  magistrates  for 
the  arrest  of  persons  charged  with  or  reasonably 
suspected  of  piiblic  offenses,  when  he  has  informa- 
tion that  any  such  offenses  have  been  committed; 
and  for  that  purpose,  when  not  engaged  in  crim- 
inal proceedings  in  the  District  or  County  Court, 
must  attend  upon  the  magistrates  in  cases  of  ar- 
rest, when  required  by  them,  and  attend  before 
and  give  advice  to  the  Grand  Jury,  whenever 
cases  are  presented  to  them  for  their  considera- 
tion; 

3.  Draw  all  indictments,  defend  all  suits 
brought  against  the  State  or  his  county,  prosecute 


917  District  Attorney.        §§  4257-4259 

all  recognizances  forfeited  in  the  Courts  of  re- 
cord, and  all  actions  for  the  recovery  of  debts, 
fines,  penalties,  and  forfeitures  accruing  to  the 
State  or  his  county; 

4.  Deliver  j-eceipts  for  money  or  property  re- 
ceived in  his  official  capacity,  and  file  duplicates 
thereof  with  the  County  Treasurer; 

5.  On  the  first  Mondays  of  January,  April,  July, 
and  October,  In  each  year,  tile  with  the  Auditor  an 
account,  verified  by  his  oath,  of  all  moneys  re- 
ceived by  him  in  his  official  capacity  during  the 
preceding  three  months,  and  at  the  same  time  pay 
it  over  to  the  County  Treasurer; 

6.  Give  when  required,  and  without  fee,  his 
opinion  (in  writing)  to  county,  district,  and  town- 
ship officers,  on  matters  relating  to  the  duties  of 
their  respective  offices;  and, 

7.  Keep  a  register  of  official  business,  in  which 
must  be  entered  a  note  of  every  action,  whether 
criminal,  or  civil,  prosecuted  officially,  and  of  the 
proceedings  therein; 

8.  Perform  such  other  duties  as  are  prescribed 
by  law. 

Amendment  of  1880  was  held  unconstitutional: 
See  sec.  4000,  note. 

Fees  and  salaries  of  district  attorneys:  See  sec. 
4330,  infra. 

Assistants  to:  See  post.  Appendix,  p.  960,  Stat. 

§  4257.  The  District  Attorney  is  the  legal  ad- 
viser of  the  Board  of  Supervisors.  He  must  at- 
tend their  meetings  when  required,  and  must  at- 
tend and  oppose  all  claims  and  accounts  against 
the  county  when  he  deems  them  unjust  or  illegal. 

§  4258.  The  District  Attorney,  except  for  his 
own  services,  must  not  present  any  claim,  account, 
or  demand  for  allowance  against  the  county,  nor 
in  any  way  advocate  the  relief  asked  on  the  claim 
or  demand  made  by  another. 

§  4259.  No  person  shall  hold  the  office  of  Dis- 
trict Attorney  who  has  not  been  admitted  by  the 
Superior  Court  of  this  State  to  practice  as  an  at- 
torney and  counselor  at  law.  [New  section  added 
March  31,  1891;  Stats.  1891,  p.  287.] 


§§  4268-4270  Surveyor.  918 

ARTICLE  IX. 
SURVEYOR. 

§  4268.  County  Surveyor  to  make  surveys,  keep  record  of 
them,  furnish  copies,  etc. 

§  4269.     Surveys  of  lands  in  two   counties. 

§  4270.  Order  for  survey  where  title  to  lands  In  two  coun- 
ties  disputed. 

§  4271.  Courses  to  be  run  by  true  meridian;  variation 
noted. 

§  4272.     Surveyor  to  employ  assistants,  when. 

§  4273.  Surveyor  to  transmit  to  Surveyor-General  plats 
and  field  notes,  and  give  information. 

§  4274.    To  assist  Surveyor-General,   when. 

§  4275.  Disinterested  person,  when  to  act  in  place  of  Coun- 
ty  Surveyor. 

§  4268.  The  Surveyor  must  make  any  survey 
that  may  be  required,  by  the  order  of  Court,  or 
upou  application  of  any  person,  keep  a  con-ect  and 
fair  record  of  all  surveys  made  by  him,  number 
them  in  the  order  made  progressively,  and  pre- 
serve a  copy  of  the  field  notes  and  calculations  of 
each  survey,  indorse  thereon  its  proper  number,  a 
copy  of  which,  and  a  fair  and  accurate  plat,  to- 
gether witli  the  certificate  of  survey,  must  be  fur- 
nished by  him  to  any  person  upon  payment  of 
the  fees  allowed  by  law. 

Order  of  Court:  See  sec.  4270. 

§  4269.  Any  person  owning  or  claiming  lands 
which  are  divided  by  county  lines,  and  wishing 
to  have  the  same  surveyed,  may  apply  to  the  Sur- 
veyor of  any  county  in  which  any  part  of  such 
land  is  situated,  and  on  sucli  application  being 
made  the  Surveyor  must  make  the  survey,  which 
is  as  valid  as  though  the  lands  were  situated 
entirely  within  the  county. 

§  4270.  When  land,  the  title  to  which  is  in  dis- 
pute before  any  Court,  is  divided  by  a  county  line, 
the  Court  maliing  an  order  of  survey  may  direct 
the  order  to  the  Surveyor  of  any  county  in  which 
any  part  of  the  land  is  situated. 

Basis  of  section— and  of  rest  in  article:  Stats. 
1850,  p.  170. 


919  Surveyor.  §§  4271-4275 

§  4271.  In  all  surveys  the  courses  must  be  ex- 
pressed according  to  the  true  meridian,  and  the 
variation  of  the  magnetic  meridian  from  the  true 
meridian  must  be  expressed  on  the  plat,  with  the 
date  of  the  eurvey. 

§  4272.  If  a  party  for  whom  a  survey  is  made 
does  not  furnish  the  chainineu  and  markers,  the 
Surveyor  may  employ  the  necessary  chainmen  and 
markers,  and  receive  the  reasonable  hire  of  all 
assistance  necessarily  employed. 

§  4273.  Each  County  Surveyor,  immediately 
after  making  any  survey,  except  surveys  of  city 
or  town  lots,  must  make  out  a  copy  of  the  field 
notes  and  plat,  and  transmit  the  same  to  the  Sur- 
veyor General,  indicating -plainly  upon  the  plat 
at  what  point  of  any  line  any  river  or  stream  or 
county  line  is  touched  or  crossed.  He  must  com- 
municate to  the  Surveyor  General  such  informa- 
tion concerning  surveys  made  by  him,  and  other 
matters  connected  with  the  duties  of  his  office,  as 
may  be  required. 

§  4274.  Each  County  Surveyor  must,  when  re- 
quired, aid  and  assist  the  Surveyor  General  in 
making  surveys  within  the  county. 

§  4275.  When  the  County  Surveyor  is  interest- 
ed in  any  land,  the  title  to  which  is  in  dispute  and 
a  survey  thereof  is  necessary,  the  Court  must  di- 
rect the  survey  to  be  made  by  some  disinterested 
person,  and  the  person  so  appointed  is  for  that 
purpose  authorized  to  administer  and  certify  oaths. 
He  must  return  such  survey,  verified  by  his  affi- 
davit annexed  thereto,  and  receive  for  his  ser- 
vices the  same  fees  as  the  County  Surveyor  would 
be  entitled  to  for  similar  services. 


|§  4285-4289  Coroner.  920 

ARTICLE  X. 

CORONER. 

§  4285.    Coroner  to   hold   inquest. 

§  4286.  Coroner  to  bury  body,  when;  expenses  of  inter- 
ment. 

§  4287.  To  deliver  to  County  Treasurer,  etc.,  property 
found  on  body. 

§  4288.    Statement  before  auditing  accounts  of  Coroner. 

S  4289.    Justice  of  Peace  to  act  as  Coroner  in  certain  cases. 

§  4290.    Coroner  to   discharge  duties   of   Sheriff,   when. 

§  4285.  The  Coroner  must  hold  inquests  as  pre- 
scribed in  Chapter  II,  Title  XII,  Part  II  of  the 
Penal  Code. 

Prescribed  in  Penal  Code — Coroner's  inquests 
and  duties  of  Coroners:  Penal  Code,  sees.  1510- 
1519. 

§  4386.  When  an  inquest  is  held  by  the  Cor- 
oner, and  no  other  person  takes  charge  of  the  body 
of  the  deceased,  he  must  cause  it  to  be  decently 
interred;  and  if  there  is  not  sufficient  property  be- 
longing to  the  estate  of  the  deceased  to  pay  the 
neeessai-y  expenses  of  the  biirial.  the  expenses  are 
a  legal  charge  against  the  county. 

§  4287.  The  Coroner  must,  within  thirty  days 
after  an  inquest  upon  a  dead  body,  deliver  to  the 
County  Treasurer  or  the  legal  representatives  of 
the  deceased  any  money  or  other  property  found 
upon  the  body. 

§  4288.  Before  auditing  or  allowing  the  ac- 
counts of  the  Coroner,  the  Supervisors  must  re- 
quire him  to  file  with  the  Clerk  of  the  Board  a 
statement  in  writing,  verified  by  his  affidavit, 
showing: 

1.  The  amount  of  money  or  other  property  be- 
longing to  the  estate  of  the  deceased  person  which 
has  come  into  his  possession  since  his  last  state- 
ment. 

2.  The  disposition  made  of  such  property. 

§  4289.  If  the  office  of  Coroner  is  vacant,  or  he 
is  absent  or  unable  to  attend,  the  duties  of  his 
office  may  be  discharged  by  any  Justice  of  the 
Peace  of  tlie  county,  with  the  like  authority  and 
subject  to  the  same  obligations  and  penalties  as 
tlie  Coroner. 


921  Assessors,  etc.  §§  4290-4303 

§  4390.  In  the  cases  specified  in  Article  IV 
of  tliis  ctiapter,  the  Coroner  must  discharge  the 
duties  of  Sheriff. 

Coroner  as  Sheriff:  Sec.  4191. 

Coroner  as  ex  officio  Public  Administrator:  Stats. 
1872,  p.  796. 

Post  mortem  examinations— and  chemical  analy- 
ses: Stats.  1872,  p.  81. 

Coroners  in  San  Francisco:  Stats.  1872,  p.  403; 
amd.  by  Stats.  1874,  p.  908;  1876,  p.  397. 

§  4291.    No  section. 

§  4292.  New  section  addeil  1880,  relating  to 
powers  of  coroners  was  held  unconstitutional:  See 
sec.  4000,  note. 

ARTICLE  XI. 

ASSESSORS,  TAX  COLLECTORS,  SCHOOL  SUPERIN- 
TENDENTS. PUBLIC  ADMINISTRATORS,  AND  COM- 
MISSIONER  OF   HIGHWAYS. 

§  4300.    Duties  of  Assessor. 
§  4301.    Duties  of  Tax  Collector. 
§  4302.     Duties    of   School    Superintendents. 
§  4303.    Duties   of   Public   Administrator. 

§  4304.    Duties   of     Commissioner   of    Highways   and     Road 
Overseers. 

§  4300.  The  Assessor  must  perform  such  duties 
as  are  prescribed  in  Title  IX,  Part  III  of  this 
Code. 

Duties  of  Assessor:  See  sees.  3627-3663,  3820- 
3830,  3839-3862. 

§  4301.  The  Tax  Collector  must  perform  such 
duties  as  are  prescribed  in  Title  IX,  Part  III  of 
this  Code. 

Duties  of  Tax  Collector:  See  sees.  3746-3810. 

Tax  Collector  generally:  Sec.  3746. 

§  4302.  The  School  Superintendent  must  per- 
form sucli  duties  as  are  prescribed  in  Title  III, 
Part  III  of  this  Code. 

Duties  of  School  Superintendent,  ante:  Sec.  1385; 
sees.  1543-1553. 

§  4303.  The  Public  Administrator  must  per- 
form such  duties  as  are  prescribed  in  Chapter 
XIII,  Title  XI,  Part  III,  of  the  Code  of  Civil  Pro- 
cedure. 


§§  4304-4316  Constables,  etc.  922 

Public  administrator:  See  Code  Civ.  Proc,  sees. 
1726-1743;  substitute  for,  Stats.  1872,  p.  796. 

§  4304.  Tlie  Commissioner  of  Highways  and 
Road  Overseers  must  perform  such  duties  as  are 
prescribed  in  Title  VI,  Part  III,  of  this  Code. 

Eepealing  act  of  1880  was  declai'e<i  unconstitu- 
tioual:  See  sec.  4000,  note. 

See  ante,  sees.  2348-2948. 

ARTICLE  XII. 

CONSTABLES,   JUSTICES   OF  THE   PEACE,    AND   INFE- 
RIOR  OFFICERS. 

§  4314.    Constables   to  attend   Justices'   Courts. 

§  4315.    Governed  by  the  law  prescribing  Sheriffs'  duties. 

§  4316.     Duties  of  Justices  of  the  Peace. 

§  4314.  Constables  must  attend  the  Courts  of 
Justices  of  the  Peace  within  their  townships 
whenever  so  required,  and  within  their  counties 
execute,  serve,  and  return  all  process  and  notices 
directed  or  delivered  to  them  by  a  Justice  of  the 
Peace  of  such  count v  or  by  any  competent  author- 
ity. 

Amendment  of  1880  Avas  declared  unconstitu- 
tional: See  sec.  4000,  note. 

Constable — Deputies,  may  appoint:  See  sees. 
•  87(5,  877. 

Justices'  Courts:  See  Code  Civ.  Proc,  sees.  8.5- 
115,  832-926. 

Validating  Act— legalizing  official  acts  of  Consta- 
bles performed  during  part  of  1874:  See  Stats. 
1874,  p.  700. 

§  4315.  All  the  provisions  of  Article  IV  of  this 
chapter,  except  the  fourth  and  sixth  subdivisions 
of  section  4176,  apply  to  Constables  and  govern 
their  powers,  duties  and  liabilities. 

Provisions  applicable:  See  sees.  4175-4193. 

§  4316.  Justices  of  the  Peace  must  perform 
such  duties  as  are  prescribed  in  Title  XI,  Part  II, 
of  the  Code  of  Civil  Procedure,  and  such  other  du- 
ties as  are  prescribed  by  law. 

Justices  of  the  Peace — and  Justices'  Courts  in 
general:  Code  Civ.  Proc,  sees.  110-115;  proceed- 
ings in  Justices'  Court,  Code  Civ.  Proc,  sees.  832- 
926. 


923  Salaries  and  Fees  of  Office.  §§  4328,4329 

CHAPTER  IV. 

SALARIES   AND   FEES    OF   OFFICE. 

§  4328.    Salaries  of  County  Judges  and  District  Attorneys. 

§  4329.     Salary  of  County  Judges  fixed. 

§  4330.    Salary  of  District  Attorneys  fixed. 

§  4331.    Continuing  Acts  fixing  salaries  and  fees  of  county 

ofiBcers. 
§  4332.    Officer  to  perform  service  when  fees  are  paid. 
§  4333.    No    charge   to   be   made    in   proceedings    on    habeas 

corpus. 
§  4334.    Fees  to  be  paid  to  Treasurer. 

§  4328.  The  salaries  of  County  Judges  and  Dis- 
trict Attorneys  must  be  paid  monthly  from  the 
County  Treasury,  on  the  warrants  of  the  County 
Auditor.  Their  salaries  are  fixed  in  'the  succeed- 
ing sections  of  this  chapter. 

Amendment  of  1880  was'  declared  unconstitu- 
tional: See  sec.  4000,  note. 

§  4329.  The  salaries  of  County  Judges  are  as 
follows: 

1.  Of  San  Francisco,  five  thousand  dollars; 

2.  Of  Sacramento,  three  thousand  dollars; 

3.  Of  Alameda,  twenty-five  hundred  dollars; 

4.  Of  Nevada  and  Yuba,  twenty-four  hundred 
dollars; 

5.  Of  Amador,  Los  Angeles,  Napa,  Placer,  San 
Joaquin,  Santa  Clara,  Solano,  and  Sonoma,  two 
thousand  dollars; 

G.  Of  Butte,  Colusa,  Contra  Costa,  El  Dorado, 
Marin,  Mendocino,  Merced,  Sisliiyou,  Stanislaus, 
Sutter,  Tehama,  and  Yolo,  fifteen  hundred  dollars; 

7.  Of  Calaveras,  Fresno,  Humboldt,  Kern,  Mar- 
iposa, Monterey,  Plumas,  San  Luis  Obispo,  Santa 
Barbara,  Santa  Cruz,  Shasta,  Sierra,  and  Tuol- 
umne, twelve  hundred  dollars; 

8.  Of  Alpine,  Klamath,  Lalie,  Lassen,  San 
Diego,  San  Mateo,  Trinity,  and  Tulare,  one  thou- 
sand dollars;  and, 

9.  Of  Del  Norte,  Inyo,  Mono,  and  San  Bernar- 
dino, eight  hundred  dollars. 

Amendment  of  1880  was  declared  unconstitu- 
tional: See  sec.  4000,  note. 

For  such  salaries:  See  sees.  737,  738. 

Salaries  of  judges.— The  constitution  of  Califor- 
nia makes  provision  for  the  amount  of  the  salary 
of  a  .iudge,  and  thereby  supersedes  this  section: 
Const.  Cal.,  art.  6,  sec.  17. 


§  4330  Salaries  and  Fees  of  Office.  924 

§  4330.  The  annual  salaries  of  District  Attor- 
neys are  as  follows: 

First— Of  San  Francisco,  five  thousand  dollars; 

Second — Of  Sacramento,  thirty-six  hundred  dol- 
lars. 

Third — Of  Los  Angeles,  three  thousand  dollars. 

Fourth— Of  San  Joaquin,  Santa  Clara  and  Ala- 
meda,  twenty-five  hundred  dollars. 

Fifth — Of  Butte,  seventeen  hundred  dollars. 

Sixtli— Of  Nevada,  two  thousand  dollars;  and  of 
Colusa,  eighteen  hundred  dollars. 

Seventh — Of  Sonoma,  eighteen  hundred  dollars. 

Eighth— Of  El  Dorado,  Placer,  Amador,  Marin, 
Contra  Costa.  Tuolumne,  Napa,  Yolo,  Yuba,  and 
Santa  Cruz„  fifteen  hundred  dollars. 

Ninth— Of  Mariposa,  Merced,  San  Mateo,  Shasta, 
Sisliiyou,  Stanislaus,  Tehama,  Fresno,  Kern.  Men- 
docino, San  Luis  Obispo,  Santa  Barbara,  Tulare, 
San  Diego,  and  Plumas,  twelve  hundred  dollars. 

Tenth— Of  Monterey,  Sutter,  Trinity,  Sierra,  and 
Calaveras,   one  thousand  dollars. 

Eleventli— Of  Inyo,  and  Lassen,  eight  hundred 
dollars. 

Twelfth— Of  Del  Norte,  Humboldt,  Klamath, 
Lalve.  and  San  Bernardino,  seven  hundred  dollars. 

Thirteenth— Of  Alpine,  six  hundred  dollars. 

Fourteenth— Of  Mono,  five  hundred  dollars. 
[Amendment  approved  March  28,  1872;  Amend- 
ments 1871-2,  p.  G53.     In  effect  March  28,  1872.] 

Fees  of  District  Attorneys— in  Santa  Cruz  Coun- 
ty, Stats.  1872,  p.  440;  in  Butte,  Inyo,  Placer  and 
Shasta  Counties.  Stats.  1872,  p.  799;  in  Sutter 
County,  Stats.  1876,  p.  599. 

Local  acts  altering  salaries  of  District  Attor- 
neys—in various  coimties:  Amador,  Stats.  1876,  p. 
370.  Butte,  Stats.  1874,  p.  733;  amd.  by  Stats. 
1878,  p.  248.  Calaveras,  Stats.  1876,  p.  141.  Co- 
lusa, Stats.  1874,  p.  873.  Contra  Costa,  Stats.  1876, 
p.  91.  El  Dorado,  Stats.  1878,  p.  778-9.  Humboldt, 
Stats.  1876,  p.  34.  Inyo,  Stats.  1874,  p.  177.  Lalce, 
Stats.  1876,  p.  599:  and  see  Stats.  1878.  p.  256.  Los 
Angeles,  Stats.  1878,  p.  574.  Marin,  Stats.  18^4,  p. 
433.  Mariposa.  Stats.  1874,  p.  83.  Merced.  Stats. 
1874,  p.  660:  amd.  by  Stats.  1878,  p.  137.  Modoc, 
Stats.  1874,  p.  124;  1878.  p.  147.  Monterey.  Stats. 
1878,  p.  863.  Napa,  Stats.  1874,  p.  392.  Nevada, 
Stats.  1878,  pp.  551,  552.    Sacramento,  Stats.  1874, 


925  Salaries  and  Fees  of  Office.  §  4331 

p.  909;  and  see  Stats.  1872,  p.  863;  1874,  pp.  204, 
794.  San  Benito,  Stats.  1874,  p.  95.  San  Bernar- 
dino, Stats.  1876,  p.  389.  San  Diego,  Stats.  1876, 
p.  586.  San  Joaquin,  Stats.  1874,  p.  575.  San  Luis 
Obispo,  Stats.  1876,  p.  608;  1878,  p.  451.  Santa 
Clara,  Stats.  1874,  p.  610:  Stats.  1876,  p.  35,  amd. 
by  Stats.  1878,  p.  288.  Santa  Cruz,  Stats.  1876, 
p.  576.  Solano,  Stats.  1872,  p.  624.  Sonoma,  Stats. 
1874,  p.  382.  Stanislaus,  Stats.  1874,  p.  277.  Tuol- 
umne, Stats.  1876,  p.  45.  Ventura,  Stats.  1874,  p. 
618.    Yolo,  Stats.  1874,  p.  420;  1876,  p.  170. 

Assistants — of  District  Attorney  in  San  Francis- 
co.   See  post.  p.  960. 

§  4331.  Nothing  in  this  Code  not  contained  in 
this  chapter  affects  any  of  the  provisions  of  the 
statutes  relating  to  the  compensation,  salaries,  or 
fees  of  county  or  township  officers;  but  all  such 
statutes  are  recognized  as  continuing  in  force,  not- 
withstanding the  provisions  of  this  Code,  except 
so  far  as  they  are  affected  by  or  are  inconsistent 
with  the  provisions  of  this  chapter. 

Fees  and  salaries— General  Act,  Stats.  1870,  p. 
148;  amd.  by  Stats.  1870,  pp.  677,  680;  1872,  pp. 
178,  188,  219;  1878,  p.  134,  act  of  1893,  see  Gen- 
eral Laws,  title  "Fees."  Local  Acts  in  the 
various  counties:  Alameda,  Stats.  1872,  p.  720; 
1874,  pp.  90,  185,  601;  1876.  pp.  127,  166;  1878,  p. 
950.  Alpine,  Stats.  1872,  p.  703;  1874,  p.  236;  1878, 
p.  372.  Amador,  General  Act  and  Stats.  1876,  p. 
370.  Butte.  Stats.  3872,  pp.  233,  270,  709,  799;  1874, 
pp.  170,  508,  7:^3;  1876,  pp.  753,  906;  1878,  pp.  248, 
287,  567,  683.  Calaveras  Hnstead  of  General  Act), 
Stats.  1870,  p.  133  (supplemented  or  amended  by 
Stats.  1872,  p.  177,  .385;  1874,  p.  13);  Stats.  1872, 
p.  910;  1876,  p.  141;  1878,  p.  592.  Colusa,  Stats. 
1872,  p.  98;  1874,  p.  873;  1878,  p.  782.  Contra  Costa, 
Stats.  1876,  pp.  84,  91,  529;  1878,  p.  269.  Del  Norte, 
General  Act  and  Stats.  1876,  p.  507.  El  Dorado. 
Stats.  3870,  p.  198  (amd.  by  Stats.  1872,  pp.  412, 
592,  894,  and  Stats.  1874,  p.  710);  Stats.  1872,  pp. 
377,  793;  1874,  pp.  5,  825;  1878,  p.  269.  Fresno, 
Stats.  1874,  pp.  2.36,  349;  1876,  pp.  151,  363;  1878.  p. 

255.  Humboldt,  Stats.  1872,  pp.  169.  797;  1874, 
pp.  109,  755;  1876,  p.  81.  Inyo,  Stats.  1872,  p.  799; 
1874,  p]).  177,  236,  510;  1876,  p.  81;  1878,  pp.  157, 

256,  372.  Kern,  Stats.  1874,  pp.  45,  236,  349;  1876, 
pp.  151,  172,  363;  1878,  pp.  255,  559.     Lake,  Stats. 

Pol.  Code— 78. 


§  4331  Salaries  and  Fees  of  Office.  926 

1872,  p.  441;  1876,  p.  599;  1878,  p.  256.  Lassen, 
Stats.  1872.  p.  189:  1878,  p.  683.  Los  Angeles,  Stats. 
1870,  p.  380;  1872,  pp.  37,  62,  158;  1874,  pp.  342, 
348,  616;  1876,  pp.  130,  570;  1878,  p.  574.  Marin, 
Stats.  1874,  pp.  212,  433.  Mariposa,  Stats.  1874, 
p.  83;  1876,  p.  508.  Mendocino,  Stats.  1874,  pp. 
174,  539;  1878,  p.  183.  Merced,  Stats.  1874,  p.  660; 
1876,  p.  508;  1878,  pp.  107,  137.  Modoc,  Stats.  1874, 
p.  124:  1878,  pp.  140,  4.54.  Mono,  Stats.  1874,  p. 
708.  Monterey,  Stats.  1872,  pp.  316,  419;  1874,  p. 
203;  1878,  p.  863.  Napa,  Stats.  1870,  p.  368;  1872, 
p.  437;  1874,  pp.  108,  158.  392;  1878.  p.  551.  Ne- 
vada. Stats.  1870,  p.  142  (amd.  bv  Stats.  1872,  p. 
843);  Stats.  1876,  p.  404;  1878,  p.  551.  Placer,  Stats. 
1870,  p.  805;  1872,  p.  799;  1874,  p.  702;  1878.  p. 
268.  Plumas.  Stats.  1872,  p.  733;  1874,  p.  382;  1878, 
p.  547.  Sacramento,  Stats.  1874,  p.  204,  supple- 
mented by  Stats.  1874,  pp.  713,  794;  see  furtlier 
Stats.  1874,  pp.  863,  909.  San  Benito,  Stats.  1874, 
p.  95.  San  Bernardino,  Stats.  1866,  p.  822;  1870,  p. 
219;  1872,  p.  490  (amd.  by  Stats.  1874,  p.  130);  1874, 
pp.  101,  616;  1876,  p.  389;  1878.  p.  80.  San  Diego, 
Stats.  1872,  p.  191;  1874,  pp.  101,  443,  616;  1876, 
pp.  558,  586;  1878,  p.  128.  San  Francisco  (City  and 
County):  Fees,  besides  sections  2  and  22  of  Gen- 
eral Act,  see  Stats.  1855,  p.  81  (amd.  by  Stats. 
1855,  p.  212;  1858,  p.  231,  superseding  Stats.  1856, 
p.  S3);  1864,  p.  365;  1866,  pp.  66,  122;  1872,  pp.  46, 
93,  403,  776;  1874,  p.  908;  Salaries,  see  Stats.  1852, 
p.  200;  18.53,  p.  198;  1855,  p.  208:  1857,  p.  18:  1858, 
p.  239;  18.59,  pp.  36,  89,  92;  1860,  p.  309;  1861,  pp. 
554,  559,  560;  1862,  pp.  1.38,  2.39;  1864,  pp.  114.  161, 
515;  1866,  p.  625;  1870,  p.  122;  1872,  p.  653;  1878,  p. 
.3.55,  1023.  San  Joaquin.  Stats.  1874,  pp.  575,  692; 
1878,  p.  782.  San  Luis  Obispo,  Stats.  1870,  p.  437 
(amd.  by  Stats.  1872,  p.  425;  1876,  p.  912);  1874,  p. 
618;  1876,  p.  608;  1878.  pp.  451,  701.  San  Mateo, 
Stats.  1874.  pp.  479,  779;  1878,  p.  583.  Santa  Bar- 
bara, Stats.  1874,  p.  618;  1876,  p.  212.  Santa  Clara, 
Stats.  1872,  pp.  212.  8.o9;  1874,  pp.  102.  230.  610: 
1876.  pp.  35,  363,  402:  1878,  pp.  288,  426.  Santa 
Cruz,  Stats.  1872,  p.  331;  1876,  p.  576;  1878,  pp.  155, 
564.  Shasta,  Stats.  1872,  p.  799;  1874,  pp.  168,  180. 
Sierra,  Stats.  1866,  p.  272;  1868.  p.  448;  1870.  p.  285; 
1874,  p.  185.  Siskivou,  Stats.  1870.  p.  249.  supple- 
mented bv  Stats.  1874,  pp.  188,  719:  further  see 
Stats.  1874.  p.  7.55.  Solano,  Stats.  1872.  p.  624; 
1874,  p.  869;  1876,  p.  56;  1878.  p.  536.       Sonoma, 


027  Salaries  and  Fees  of  Office.  §§  4332-4334 

Stats.  1872,  p.  583:  1874,  p.  228:  Stats.  1874,  pp. 
382,  720  (amd.  by  Stats.  1876,  pp.  576,  726);  1878, 
pp.  129,  328.  Stanislaus,  Stats.  1872.  p.  183;  1874, 
pp.  277,  448,  537;  1878,  p.  1001.  Sutter,  General 
Act  and  section  21  of  Act  in  Stats. 
1876,  p.  603.  Tehama,  Stats.  1872,  pp. 
755,  756;  1874,  p.  796;  1876,  p.  232.  Trinity, 
Stats.  1872,  p.  380;  1874,  pp.  184,  593.  Tulare, 
Stats.  1874.  pp.  45,  60,  349;  1876,  pp.  156,  172,  363; 
1878,  p.  559.  Tuolumne,  Stats.  1870,  p.  525;  1876, 
p.  45.  Ventura,  Stats.  1872,  p.  484;  1874,  pp.  365, 
618.  Yolo,  Stats.  1874,  p.  420  (amd.  by  Stats.  1876, 
pp.  120,  566);  Stats.  1878,  p.  637.  Yuba,  Stats.  1872, 
p.  36;  1874,  pp.  109,  153;  1876,  p.  522;  1878,  p.  738. 

§  4332.  The  officers  mentioned  in  this  Title  are 
not  in  any  case,  except  for  "the  State  or  county,  to 
perform  any  othcial  services,  unless  upon  the  pre- 
payment of  the  fees  prescriljed  for  such  services, 
except  as  in  the  succeeding?  section  provided  by 
law;  and  on  such  payment  the  officer  must  perform 
the  services  required.  For  every  failure  or  refusal 
to  perform  official  duty  Avhen  the  foes  are  tender- 
ed, the  officer  is  liable  on  his  official  bond. 

§  4333.  No  fee  or  compensation  of  any  kind 
must  be  charged  or  received  by  any  officer  for  du- 
ties performed  or  services  rendered  in  proceed- 
ings upon  habeas  corpus. 

§  4334.  In  all  cases  in  which  any  provision  of 
law  authorizes  an  officer  Avho  receives  a  salary  to 
perform  an  official  act,  and  he  performs  such  act, 
all  fees  chargeable  for  the  performance  of  such 
act  shall  be  collected  by  him  and  paid  over  to  the 
Treasurer  or  other  officer  authorized  by  law  to 
)'eceive  the  same.  [New  section  added  March  10, 
1891;  Stats.  1891,  p.  67.] 


§§  4343,  4344  Other  County  Charges.  928 

CHAPTER  V. 

OTHER    COUNTY    CHARGES. 

§  4343.  County  charges  to  be  audited. 

§  4344.  Enumeration  of  county  charges. 

§  4345.  Costs   on   removal    of   criminal   actions. 

§  4346.  Proceedings  in  collection  of  such  costs. 

§  4347.  Actions   to   which   such   provisions   apply. 

§  4343.  Accounts  for  county  charges  of  every 
de.scription  must  be  presented  to  the  Board  of  Su- 
pervisors to  be  audited,  as  prescribed  in  Article 
III.  [Chapter  II]  Title  IT,  Part  IV,  of  this  Code. 

Presenting  accounts  for  county  charges — to  be 
audited:  See  Article  III  of  Chapter  II,  and  espe- 
cially sees.  4072-4074. 

§  4344.    The  following  are  county  charges: 

1.  Charges  incurred  against  the  county  by  vir- 
tue of  any  provision  of  this  Title; 

2.  The  compensation  of  the  District  Attorney, 
and  all  expenses  necessarily  incurred  by  him  in 
criminal  cases  arising  vritliiu  the  county; 

3.  The  compensation  allowed  by  law  to  Sheriffs 
and  Constables  for  executing  process  on  persons 
charged  with  criminal  offenses;  for  services  and 
expenses  in  conveying  criminals  to  jail;  for  ser- 
vices of  subpoena  issued  by  District  Attorneys, 
and  for  other  services  in  relation  to  criminal  pro- 
ceedings for  which  no  specific  compensation  is  pre- 
scribed by  law; 

4.  The  expenses  necessarily  incurred  in  the  sup- 
port of  persons  charged  with  or  convicted  of 
crimes  and  committed  therefor  to  the  County 
Jail; 

5.  The  sums  required  by  law  to  be  paid  to 
Grand  Jurors  and  indigent  witnesses  in  criminal 
cases; 

6.  The  accounts  of  the  Coroner  of  the  county 
for  such  services  as  are  not  provided  to  be  paid 
otherwise; 

7.  All  chai'ges  and  accounts  for  services  ren- 
dered by  any  Justice  of  the  Peace  for  services  in 
the  examination  of  persons  charged  with  crime 
not  otherwise  provided  for  by  law; 

8.  The  necessary  expenses  incurred  in  the  sup- 
port of  County  Hospitals,  and  the  indigent  sick 


929  Other  County  Charges.    §§  4345-434T 

and  the  othei^wise  dependent  poor  whose  support  is 
chargeable  to  the  county; 

9.  The  contingent  expenses  necessarily  incurred 
for  the  use  and  benefit  of  the  county; 

10.  Every  other  siim  directed  by  law  to  be 
raised  for  any  county  purpose  under  the  direction 
of  the  Board  of  Supervisors,  or  declared  to  be  a 
county  charge; 

11.  The  salary  of  tlie  Commissioner  of  High- 
ways must  be  paid  at  the  close  of  each  quarter. 

§  4345.  When  a  criminal  action  is  removed  be- 
fore trial,  the  costs  accruing  upon  such  removal 
and  trial  shall  be  a  charge  against  the  county  in 
which  the  indictment  was  found.  [New  section 
approved  February  28,  1874;  Amendments  1873-4, 
p.  175.     In  effect  February  28,  1874.] 

§  4346.  The  Clerli  of  the  county  to  which  such 
action  is  removed  shall  certify  the  amount  of  costs 
allowed  and  certified  by  the  Court  to  the  Auditor 
of  his  county,  and  such  Auditor  shall  audit  the 
same  and  draw  his  warrants  therefor  upon  the 
Treasurer  of  the  county  from  which  such  action 
was  removed,  and  such  Auditor  shall  forward  to 
said  Treasurer  and  Auditor  of  the'  county  from 
which  said  action  was  transferred  as  aforesaid, 
a  certified  copy  of  the  total  amount  of  costs  al- 
lowed by  the  Court,  giving  each  item  as  certified 
to  iiim  by  the  County  Clerli  and  the  Court;  and 
the  Auditor  receiving  such  certified  copy  of  said 
costs  allowed,  shall  enter  the  same  in  his  books 
as  a  charge  against  the  Treasurer  of  his  county, 
and  the  County  Treasurer  of  the  county  from 
which  such  action  was  removed  must  immediate- 
ly upon  presentation  pay  said  warrant  out  of  the 
General  Fund  of  said  county;  or  if  at  the  time 
of  presentation  there  is  not  sufiicient  moneys  in 
the  said  General  Fund  to  pay  the  same,  he  must 
indorse  upon  said  warrant,  "Not  paid  for  want  of 
funds,"  and  said  warrant  must  be  registered,  and 
shall  draw  interest  at  the  same  rate  and  be  paid 
in  the  same  manner  as  though  it  had  been  drawn 
by  the  Auditor  of  the  county  where  the  indict- 
ment was  found.  [New  section  approved  Febru- 
ary 28,  1874;  Amendments  1873-4,  p.  175.  In  ef- 
fect February  28,  1874.] 

§  4347.  Sections  four  tliousand  tliree  liundred 
and  forty-five  and  four  thousand  three  hundred 


§  42M  Cities  as  Bodies  Coi-porate.  930 

and  forty-six  of  this  Code  shall  apply  to  all  crim- 
inal actions  which  liave  been  or  may  be  removed 
for  trial  since  the  first  day  of  January,  eighteen 
hundred  and  seventy-three.  [New  section  ap- 
proved February  28,  1874;  Amendments  1873-4.  p. 
175.     In  effect  February  28,  1874.] 


TITLE  III. 

THE   GOVERNMENT   OP  CITIES. 

Chapter  I.  Cities  as  Bodies  Corporate. 

II.  Executive  Powers. 

III.  Legislative  Powers. 

IV.  Judicial  Powers. 

Y.    Certain  Statutes  relating  to  Cities  and 
Towns  and     existing     Corporations 
continued. 
YI.    Funding  and  Refunding    of    City  in- 
del3tedness. 
Municipal  corporations:  See  sec.  4356. 

CHAPTER  I. 

CITIES   AS   BODIES   CORPORATE. 

§  4354.  City  is  body  politic  and  corporate;  general  and 
special  powers. 

§  4355.  Distribution    of   powers. 

§  4356.  City  declared  by  Legislature. 

§  4357.  Boundaries,  how  changed. 

§  4358.  Petition   to   Supervisors.     (Repealed.) 

§  4359.  Undertaking  for  expenses  of  election.     (Repealed.) 

§  4360.  Supervisors   to   order   an   election.     (Repealed.) 

§  4361.  Notice   of  election,    etc.     (Repealed.) 

§  4362.  Ordinance   approving   such   annexation.     (Repealed.) 

§  4363.  Order   of   Supervisors,    etc.     (Repealed.) 

§  4364.  Expenses  of  election,   how  paid.     (Repealed.) 

§  4365.  Certified  copies  of  ordinance  to  be  transmitted  and 
filed.     (Repealed.) 

§  4366.  Act  to  fix   time  of  the  first  election. 

§  4367.  Notice  of  election  and  canvass  of  returns. 

§  4368.  Who  are  entitled  to  vote  at  city  elections. 

§  4339.  Common  Council  to  provide  for  election  and  ap- 
pointment  of   city   officers. 

§  4370.  Elective  officers  of  cities. 

§  4371.  Direct    taxes    limited. 

§  4372.  Condemnation  of  private  property  for  city  use. 

§  4373.  Vacancies   in   office. 

§  4374.  Official  oaths  and  bonds. 

§  4354.    A  city  is  a  body  politic  and  corporate, 
witli  the  general  powers  of  a  corporation,  and  the 


931  Cities  as  Bodies  Corporate.  §§  4355-4367 

powers  specified  or  necessarily  implied  in  this  Ti- 
tle or  in  special  laws. 

City— what  constitutes:  Sec.  4356. 

Muuicii)al  corporation  act:  See  General  Laws. 

§  4355.  Every  city  has  legislative,  executive, 
and  judicial  power.  Its  legislative  power  is  vested 
in  a  Common  Council;  its  executive  power  in  a 
Mayor,  and  his  subordinate  officers;  and  its  ju- 
dicial power  in  a  Police  Court. 

§  4356.  Evei-y  subdivision  of  a  county  not  ex- 
ceeding in  extent  six  square  miles,  with  not  less 
than  two  thousand  inhabitants,  with  its  metes 
and  bounds  fixed  and  defined,  and  declared  by 
Act  of  tiie  legislatui'e  to  be  a  "municipal  corpo- 
ration," is  a  city  witli  the  powers  conferred  by  this 
Title. 

Powers  of  supervisors:  See  ante,  sec.  4046. 

Liability  for  riots:   See  post,  sec.  4452. 

Classification  of  cities,  acts  relating  to:  See 
General  Laws,  title  "Municipal  Corporations." 

§  4357.  The  boundary  of  a  city  may  be 
changed  by  an  act  of  the  legislature,  on  petition 
of  a  majority  of  the  Common  Council,  presented 
in  pursuance  of  a  city  ordinance,  oi*,  as  herein- 
after provided,  by  the  Board  of  Supervisors. 

Acts  relative  to  changing  boundaries  of  cities: 
See  General  Laws,  title  "Municipal  Corporations." 

§  4358-4365.  Sections  four  thousand  three  hun- 
dred and  fifty-eight  to  four  thousand  three  hun- 
dred and  sixty-five,  both  inclusive,  of  the  Politi- 
cal Code,  are  hereby  repealed.  [Repealed  March 
28,  1874;  Amendments  1873-4,  p.  177.  In  effect 
March  28,  1874.] 

§  4366.  The  act  of  the  legislature  declaring  a 
city  to  be  a  "municipal  corporation"  must  fix  a 
day  for  the  first  election  of  city  officers,  and  fix 
the  number  of  members  of  the  "Common  Coun- 
cil" to  be  elected  for  tlie  fii-st  year. 

Act  validating  incorporaticm  of  cities:  See  Gen- 
eral Laws,  title  "Municipal  Corporations." 

§  4367.  Notice  of  the  first  election  of  city  offi- 
cers nmst  be  given  by  the  County  Judge  of  the 


§§  4368-4372  Cities  as  Bodies  Corporate.  932 

county,  by  publishing  the  same  in  a  newspaper 
published  in  the  city  for  four  weeks  successively, 
designating  the  officers  to  be  elected,  the  polling 
places,  and  the  officers  of  election.  The  returns 
must  be  made  to  the  County  Judge,  who  must 
count  and  declare  the  vote,  and  issue  certificates 
of  election. 

§  4368.  The  qualified  electors  of  the  city  who 
have  resided  within  the  city  limits  for  thirty  days 
next  preceding  the  election  are  qualified  to  vote 
at  all  city  elections. 

§  4369.  The  Common  Council  must,  during  the 
first  year,  by  ordinance,  fix  the  term  of  office  of  all 
elective  officers  and  the  time  when  they  must  be 
elected,  and  provide  for  the  appointment  of  other 
necessary  officers,  including  City  Clerli,  City  At- 
torney, and  Treasurer,  and  fix  their  terms  and 
amount  of  their  bonds.  [Amendment  approved 
March  30,  1874;  Amendments  1873-4,  p.  57.  In  ef- 
fect July  6,  1874.] 

§  4370.  The  elective  officers  of  cities  are:  A 
Mayor,  a  Marshal,  a  Police  Judge,  Assessor  and 
Collector  of  taxes,  and  a  Common  Council  con- 
sisting of  not  less  than  three  members.  They 
must  be  electors  of  the  city,  and  qualify  by  talk- 
ing the  statutory  oath  of  office,  and,  except  the 
first  officers  elected,  hold  office  for  a  term  to  be 
fixed  by  the  Common  Council,  not  exceeding  two 
years.  [Amendment  approved  March  30,  1874; 
Amendments  1873-4,  p.  58.    In  effect  July  6,  1874.] 

§  4371.  The  direct  taxes  imposed  by  the  Com- 
mon Council  in  any  one  year  must  not  exceed  two 
per  centum  of  the  valuation  of  property  within 
The  city. 

§  4372.  Whenever  it  becomes  necessary  for  the 
city  to  talie  private  property  for  the  purposes  of 
laying  out  or  altering  streets  or  alleys,  and  the 
Council  cannot  agree  with  the  owner  thereof  as  to 
the  price  to  be  paid,  the  Council  may  direct  pro- 
ceedings to  be  talven  under  Title  YII.  Part  III  of 
the  Code  of  Civil  Procedure,  to  procure  the  same. 

Eminent  Domain:  Code  Civ.  Proc,  sees.  1237- 
1263. 


933  Executive  Powers.        §§  4373-4386 

§  4373.  If  any  person  elected  to  a  city  office  re- 
moves from  the  city,  absents  himself  for  more 
than  thirty  days  without  leave  from  the  Council, 
or  fails  to  qualify  within  ten  days  after  election, 
his  office  is  vacant. 

Basis  of  section:  Stats.  1850,  p.  91. 

§  4374.  All  city  officers,  before  entering  upon 
their  duties,  must  take  the  oath  of  office.  The 
iSIarshal,  Attorney,  Clerli,  Assessor,  Collector,  and 
Treasurer  must  also  give  a  bond,  with  sureties  to 
be  approved  by  the  Mayor,  payable  to  the  corpo- 
ration by  its  corporate  name,  in  such  penalty  as 
may  be  prescribed  by  ordinance,  conditioned  for 
the  faithful  performance  of  the  duties  of  their 
office;  and  a  lilse  bond  may  be  required  of  any 
officer  whose  office  is  created  by  an  ordinance. 
Should  the  bond  of  any  city  officer  become  insuf- 
ficient, he  may  be  required  to  give  additional  bond, 
and,  upon  his  failure  so  to  do,  his  office  must  be 
deemed  vacant.  [Amendment  approved  March  30, 
1874;  Amendments  1873-4,  p.  58.  In  effect  July  6, 
1874.] 

Stats.  1850,  p.  91,  sec.  30. 


CHAPTER  II. 

EXECUTIVE    POWERS. 

§  4385.  Executive  officers  of  a  city. 

§  4386.  Powers  of  Mayor. 

§  4387.  Accounts  and  demands,  how  audited  and  paid. 

§  4388.  Mayor  President  of  the  Common  Council. 

§  4389.  •  Duties  of  City  Marshal. 

§  4390.  Duties   of  Assessor. 

§  4391.  Duties  of  City  Attorney. 

I  4392.  Duties  of  Treasurer. 

§  4393.  Duties  of  Clerk. 

§  4385.  The  executive  officers  of  a  city  are  the 
Mayor,  Marshal,  and  such  officers  for  the  assess- 
ment, collection,  auditing,  safe  keeping,  and  dis- 
bursing the  revenue  and  keeping  the  records  and 
journals  of  the  city,  as  the  Common  Council  may 
provide. 

§  4386.    The  Mayor  has  power: 
1.    To  nominate,  and  with  the  consent  of  the 
Common  Council,  to  appoint  all  non-elective  offi- 


§§  4387. 4388       Executive  Powers.  934 

oers  of  the  city  provided  for  by  the  Common 
Council,  including  City  Attorney,  Secretary  of  the 
Council,  and  City  Treasurer; 

2.  To  suspend,  and  vrith  the  consent  of  the  Com- 
mon Council,  to  remove  any  non-elected  officer, 
stating  in  the  suspension  or  removal  the  cause 
thereof; 

3.  To  cause  the  ordinances  of  the  city  to  be  ex- 
ecuted, and  to  supervise  the  discharge  of  official 
diity  by  all  subordinate  officers; 

4.  To  communicate  to  the  Common  Council,  at 
the  beginning  of  every  session,  and  oftener  if 
deemed  necessary,  a  statement  of  the  affairs  of 
the  city,  with  such  recommendations  as  he  may 
deem  proper; 

5.  To  recommend  to  the  Common  Council  such 
measures  connected  with  the  public  health,  clean- 
liness, and  ornament  of  the  city,  and  the  improve- 
ment of  the  government  and  finances,  as  he  deems 
expedient; 

6.  To  approve  all  ordinances  of  the  Common 
Council  adopted  by  it,  and  in  case  the  same  do 
not  meet  his  approbation,  to  return  the  same, 
with  his  objections,  within  five  days  after  he  re- 
ceives the  same.  [Amendment  approved  March 
30,  1874;  Amendments  1873-4,  p.  59.  In  effect 
July  6,  1874.] 

Original  section  was  based  on  Stats.  1850,  p.  87. 

§  4387.  All  accounts  and  demands  against  said 
city  must  be  audited  by  the  President  of  the  Com- 
mon Council,  and  no  money  must  be  drawn  from 
the  City  Treasury  imless  upon  the  certificate  of 
the  President,  by  order  of  the  Council.  .  The  cer- 
tificate must  be  drawn  upon  the  Treasurer  of  the 
city,  and  must  specify  the  fund  out  of  which  the 
same  is  payable.  The  Treasurer  must  pay  the 
same  out  of  any  money  in  his  hands  belonging  to 
such  fund. 

Basis  of  section:  Stats.  1850,  p.  87. 

§  4388.  The  Mayor  is  the  President  of  the  Com- 
mon Council,  must  sign  the  journals  thereof,  de- 
cide by  his  voice  all  tie  votes,  must  sign  the  war- 
rants on  the  Citv  Treasurer,  and  is  the  keeper  of 
the  City  Seal. 


935  Executive  Powers.        §§  4389-4392 

§  4389.  The  City  Marslial,  in  addition  to  tlie 
duties  prescribed  by  ttie  Common  Council,  must 
execute  and  return  all  process  issued  by  the  Po- 
lice Judge,  or  directed  to  him  by  any  legal  author- 
ity, and  attend  upon  the  Police  Court  regu- 
larly. He  may  appoint  one  or  more  deputies;  and 
must  arrest  all  persons  guilty  of  a  breach  of  the 
peace  or  for  the  violation  of  any  city  ordinance, 
and  bring  them  before  the  Police  Judge  for  trial, 
and  has  superintending  control  over  the  city  po- 
lice; and,  until  otherwise  provided  by  ordinance, 
must  perform  all  duties  of  Collector  of  city 
taxes. 

Police  Judge — and  Court:  Sec.  4424  et  seq. 

§  4390.  The  Assessor,  in  addition  to  the  duties 
prescribed  by  the  Common-  Council,  must  make 
out,  within  such  time  as  the  Common  Council 
orders,  a  correct  list  of  all  the  taxable  property 
within  the  city  limits,  with  the  valuation  thereof, 
which  list,  certified  by  him,  must  be  returned  to 
the  Common  Council.  The  mode  of  making  out 
the  list  and  of  ascertaining  the  value  of  property, 
and  of  collecting  ail  taxes,  is  the  same  as  pre- 
scribed in  this  Code  for  assessing  and  collecting 
the  ytate  tax. 

Basis  of  section— and  of  next:  Stats.  1850,  p.  87. 

§  4391.  The  City  Attorney  must  attend  to  all 
suits,  matters,  and  things  in  winch  the  city  may 
be  legally  interested;  to  give  his  advice  or  opin- 
ion in  Avriting  whenever  required  by  the  Mayor  or 
Common  Council,  and  do  and  perform  all'  such 
things  touching  his  office  as  by  the  Common 
Council  may  be  required  of  him. 

Stats.  1850,  p.  87,  sec.  27. 

Assistants  to:  See  post,  Appendix,  p.  958. 

§  4392.  The  Treasurer  must  receive  all  moneys 
that  come  to  the  city,  either  from  taxation  or  oth- 
erwise, and  pay  the  same  out  on  the  certificate  of 
the  President  of  the  Common  Council,  and  do  and 
perform  all  otlier  acts  as  are  prescribed  for  him 
by  the  Common  Council.  He  must,  on  the  first 
days  of  January,  April,  July,  and  October  of  each 
year,  make  out  and  present  to  the  Mayor  a  full 
and  complete  statement  of  the  receipts  and   ex- 


§§  4393-4404       Legislative  Powers.  930 

penditures  of  tlie  preceding  three  months,  which 
statement  the  Mayor  must  cause  to  be  published. 

§  4393.  The  City  Clerli  is  Clerk  of  the  Com- 
mon Council;  must  keep  the  journal  of  their  pro- 
ceedings and  all  records  of  the  city;  he  must  keep 
the  accounts  of  tlie  city,  and  countersign  all  war- 
rants on  the  City  Treasurer;  keep  a  true  account 
thereof  and  of  the  financial  condition  of  the  city, 
and  do  such  other  things  as  the  Common  Council 
may  by  ordinance  provide. 


CHAPTER  III. 

LEGISLATIVE  POWERS. 

§  4403.  Common  Council,  how  constituted. 

§  4404.  Wards,  boundaries  and  number  of. 

§  4405.  First  meeting,   for  organization. 

§  4406.  Quorum. 

§  4407.  Control    over   members.      Rules,    journals  and   pub- 
licity   of    proceedings. 

§  4408.  Additional  powers  of  Common  Council. 

§  4409.  Street   improvements,    how   made. 

§  4410.  To  grant  authority  to  gas   and  water  companies. 

§  4411.  Reservations    by   cities. 

§  4412.  Contract  for  gas   and  water. 

§  4413.  Restrictions  and  conditions  to  be  imposed. 

§  4414.  Ordinance,   how  vetoed,   and  how  passed  over  veto. 

§  4403.  The  Common  Council  consists  of  not 
less  tlian  three  citizens  of  the  city,  elected  one 
from  each  of  the  wards.  The  Alayor  is  the  presid- 
ing officer  thereof. 

Act  prohibiting  solicitation  or  influencing  of 
Supervisor:  See  post.  Appendix,  p.  1051. 

§  4404.  The  Common  Council  has  power  to  di- 
vide the  city  into  a  convenient  number  of  wards, 
fix  the  boundaries  tliereto.  and  may  change  the 
same  from  time  to  time  as  they  see  fit.  having 
regard  to  the  niunber  of  wliite  male  inhabitants, 
so  tliat  each  ward  contains  as  near  as  may  be  the 
same  number  of  inlialiitants.  The  number  of 
wards  of  any  city  must  not  exceed  the  number 
of  Councilmen  to  wliich  the  city  is  entitled;  and 
Avhen  the  city  has  been  so  divided,  the  Councilmen 
must  be  elected  from  the  several  wards  respective- 
ly, according  to  the  number  of  inhabitants. 


937  Legislative  Powers.       §§  4405-440$ 

Basis  of  section— and  of  next  two:  Stats.  1850, 
p.  87.     ■ 

§  4405.  Tbe  members  of  the  Common  Council 
must  assemble  within  five  days  after  their  elec- 
tion, and  choose  some  suitable  pei'son  as  Clerk.  In 
case  of  the  absence  of  the  Mayor  they  may  elect 
a  I'resident  pro  tempore,  who  has  all  the  powers 
and  must  perform  all  the  duties  of  President. 
They  must,  by  ordinance,  fix  the  times  and  places 
of  holding  their  stated  meetings,  and  may  be  con- 
vened by  the  Mayor  at  any  time. 

§  4406.  A  majority  of  the  members  of  the  Com- 
mon Council  constitutes  a  quorum  to  do  business; 
but  a  less  number  may  adjourn  from  day  to  daj^ 
and  may  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as 
the  Council  may,   by  ordinance,   prescribe. 

§  4407.  The  Common  Council  is  the  judge  of 
the  qualification,  elections,  and  returns  of  theii* 
own  members,  and  the  other  officers  elected  under 
the  provisions  of  this  title.  They  may  determine 
contested  elections;  they  may  provide  rules  for 
their  own  proceedings,  pxinish  any  member  or 
otlier  person  for  disorderly  conduct  in  their  pres- 
ence, and,  with  the  concurrence  of  two-thirds  of 
their  number,  expel  any  member,  but  not  a  sec- 
ond time  for  the  same  cause;  they  must  keep  a 
journal  of  their  proceedings,  and  at  the  desire  of 
any  member  must  cause  the  yeas  and  nays  to  be 
taken  and  entered  on  any  question;  and  theu- 
proceedings  must  be  public. 

§  4408.    The  Common  Council  has  power: 

1.  To  create  the  offices  of  City  Clerk,  City  At- 
torney, Assessor,  and  Collector,  and  such  other 
offices  as  may  be  necessary,  and  prescribe  their 
duties  and  fix  their  compensation. 

2.  To  establish  and  fix  the  salaries  of  the  May- 
or. Police  .Judge,  and  other  city  officers,  and  also 
fix  a  tariff  of  fees  for  the  officers  entitled  to  such, 
designating  the  fees  allowed  for  each  particular 
item  of  service,  and  cause  the  same  to  be  pub- 
lished in  like  manner  with  the  ordinances  passed 
by  the  Common  Council. 

3.  To  manage  the  finances  and  property  of  tlu; 
city. 

I>ol.  Code— 79. 


§  4408  Legislative  Powers.  93^ 

4.  To  regulate  the  streets,  wharves,  piers,  and 
chutes  in  the  city  and  the  use  thereof. 

o.  To  establish  or  authorize  slaughter  houses 
and   markets,   and  regulate  the   same. 

6.  To  provide  for  lighting,  watering,  and  clean- 
ing the  city,  and  protecting  it  against  fire. 

7.  To  license  and  regulate  hacks,  cabs,  carts, 
omnibuses,  railway  cars,  and  all  other  vehicles, 
butchers,  porters,  pawnbrokers,  pedalers,  show- 
men, and  junk  shop  keepers,  theaters,  and  all  oth- 
er places  of  public  amusement. 

8.  To  provide  for  licensing  any  or  all  business 
not  prohibited  by  law,  and  fix  the  amount  of  li- 
cense tax  for  the  same. 

9.  To  regulate  the  keeping  and  use  of  animals, 
and  the  keeping  and  use  of  gunpowder  and  other 
dangerous  substances. 

10.  To  suppress  gaming,  gambling  houses,  and 
other  disorderly  houses,  nuisances  of  every  de- 
scription, and  all  kinds  of  vice  and  immorality. 

11.  To  prohibit  the  burial  of  the  dead  within 
the  city,  except  at  such  places  and  in  such  man- 
ner as  the  Common  Council  may  detei'mine. 

12.  To  establish  and  regulate  a  Police  Depart- 
ment. 

13.  To  establish  and  regulate  a  Fire  Depart- 
ment. 

14.  To  impose  penalties  for  the  violation  of  or- 
dinances; but  no  single  penalty  must  exceed  a  fine 
of  five  hundred  dollars,  or  imprisonment  for  ten 
days,  or  both. 

15.  To  impose  and  appropriate  fines,  penalties, 
and   forfeitures  for  breaches  of  ordinances. 

10.  To  make  by-laws  and  ordinances  not  re- 
pugnant to  the  Constitution  and  the  laws  of  the 
United  States  or  of  tliis   State. 

IT.  To  require  any  land  or  building  to  be 
cleansed  at  the  expense  of  the  owner  or  occupant 
and  upon  his  default,  may  do  the  work  and  assess 
the  expense  upon  tlie  laud  or  building. 

IS.  To  establish  a  Board  of  Health  to  prevent 
tlie  introduction  and  spreading  of  disease,  or  to 
ordain  and  adopt  for  the  government  of  the  city 
the  "Quarantine"'  or  "Health  Regulations."  pro- 
vided by  this  Code  for  San  Francisco  or  Sacra- 
mento. 

19.    To  levy  and  collect  taxes,  to  lay  out,  extend. 


939  Legislative  Powers.     §§  4409,4410 

alter,  or  widen  streets  and  alleys,  and  make  appro- 
priations for  any  object  of  city  expenditures. 

20.  To  erect  and  maintain  Poor  Houses  and 
Hospitals,  and  pass  such  by-laws  and  ordinances 
for  the  regulation  of  the  Police  as  they  may  deem 
necessary.  All  ordinances  must  be  published  in 
the  manner  prescribed  by  the  Common  Council. 

Basis  of  first  two  subdivisions  of  section:  Stats. 
1850,  p.  87. 

Act  conferring  on  cities  of  first  class  power  to 
ei'ect  hospital:  See  General  Laws,  title  "Municipal 
Corporations." 

Power  to  organize  under  general  laws,  act  au- 
thorizing: See  Idem. 

Act  autliorizing  sale  of  excess  of  water:  See 
Idem. 

Act  authorizing  leasing  or  ownership  of  gravel 
beds:  See  Idem. 

Acts  authorizing  city  authorities  to  execute 
trusts  in  relation  to  town  lands:  See  Idem. 

Acts  validating  acts  of  cities:  See  Idem. 

Power  to  extend  and  complete  sewers:  See  Gen- 
eral Laws,  title  "Sewers." 

Act  authorizing  grant  of  franchise  to  railroad  to 
build  lines  to  park  outside  city  limits:  See  Gen- 
eral Laws,  title  "Municipal  Corpm-ations." 

Act  authorizing  fixing  of  water  rates:  See  Gen- 
eral Laws,  title  "Water  Companies." 

§  4409.  Whenever  the  owners  of  a  major  part 
of  the  property  fronting  on  any  street  or  avenue 
desire  to  improve  such  street  by  paving  the  same, 
or  constructing  sewers,  or  otherwise,  the  Mayor 
and  Council  may  make  such  improvement  at  the 
expense  of  all  the  owners  of  px'operty  on  the  street, 
which  expense  must  be  in  proportion  to  the  num- 
ber of  feet  owned  by  each. 

Basis  of  section:  Stats.  1850,  p.  87. 

Assessments  for  street  work  must  be  collected  in 
advance — under  Const.  Cal.,  1879,  sec.  19,  art.  11. 

Powers  of  municipal  corporations:  See,  general- 
ly, sec.  4356. 

Acts  relating  to  streets:  See  General  Laws,  title 
"Streets." 

§  4410.  The  Common  Council,  by  ordinance, 
approved  by  the  Mayor,  may  grant  to  any  gas  or 


§§  4411-4414       Legislative  Powers.  94ti 

water  company  the  privilege  of  laying  down  pipes 
in  the  streets  and  alleys  of  such  city  for  sup- 
plying gas  and  water  for  the  streets  and  buildings 
thereon,  for  a  term  not  exceeding  twenty-five 
years. 

Basis  of  section — and  of  rest  (except  last)  in 
chapter,  Stats.  1870,  p.  815. 

§  4411.  In  exercising  the  authority  mentioned 
in  preceding  section,  the  Common  Council  must 
reserve  the  right  to  grant  similar  privileges  to 
other  companies,  and  requii'e  the  laying  down  of 
the  pipes  to  be  under  the  reasonable  direction  of 
tlie  city  authorities,  and  to  be  so  laid  as  to  do  no 
injury  to  the  proper  use  of  the  paving,  planlciug 
or  macadamizing  of  the  streets  and  alleys,  nor  to 
private  property  situate  thereon. 

Privilege  granted  to  any  individual  or  company 
— under  certain  conditions.  Const.  Cal.  1879,  sec. 
19,  art.  13. 

§  4412.  The  Common  Council  may  contract 
with  gas  and  water  companies  for  supplying  the 
streets  and  public  buildings  with  all  gas  and 
water  necessary  for  their  proper  use;  the  rates  to 
be  paid  therefor  must  not  be  fixed  for  a  term  ex- 
ceeding five  years,  and  the  city  authorities  must 
reserve  the  right  to  abrogate  such  couti-act  when- 
ever gas  or  water  is  offered  to  be  supplied  at  two- 
thirds  of  such  fixed  contract  price. 

§  4413.  In  granting  authority  to  lay  down 
pipes,  and  in  contracting  for  gas  and  water,  the 
Common  Council  must  impose  such  restrictions 
and  conditions,  and  provide  for  such  locations  and 
construction  of  gas  and  water  worlis  and  pipes 
as  to  work  the  least  possible  public  or  private  in- 
convenience, and  provide  for  enforcing  such  re- 
strictions and  conditions. 

§  4414.  Every  ordinance  passed  by  the  Com- 
mon Council  must,  before  it  becomes  effective,  be 
presented  to  the  Mayor  for  his  approbation.  If 
lie  approve  it,  he  must  sign  it:  if  not.  he  must  re- 
turn it.  M'ith  his  objections,  in  writing,  to  the 
Common  Council,  who  must  cause  the  same  to  be 
entered  upon  its  journals  and  proceed  to  recon- 
sider the  same.  If,  after  such  consideration,  two- 


941  Judicial  Powers.  §§  4424-4426 

thirds  of  all  the  members  of  the  Common  Coun- 
cil elect  shall  agree  to  pass  the  same,  it  becomes 
an  ordinance.  In  all  such  cases  the  votes  must  be 
talien  by  yeas  and  nays,  and  the  names  of  the 
members  voting  for  and  against  the  same  must 
be  entered  on  tlie  journal.  If  any  ordinance  is 
not  returned  by  the  Mayor  within  ten  days  (Sun- 
days excepted)  after  it  is  presented  to  him,  the 
same  becomes  effective,  as  if  the  Mayor  had 
signed  it. 

Basis  of  section— Stats.  1850.  p.  87. 

Act  requiring  ordinances  and  resolutions  to  be 
signed  by  the  Mayor:  See  General  Laws,  title 
"Ordinances." 


CHAPTER    IV. 

JUDICIAL   POWERS. 

§  4424.  Police  Judge;  vacancy,   how  filled. 

§  4425.  Police    Court    Clerk. 

§  4426.  Criminal  jurisdiction. 

§  4427.  General   and   exclusive   jurisdiction. 

§  4428.  When  Justice  of  the  Peace  to  act  as  Police  Judge. 

g  4429.  Always  open,  except  on  non-judicial  days. 

§  4430.  Proceedings   in   criminal   offenses   not  triable   in. 

§  4431.  Criminal   trials   in  Police  Courts. 

§  4432.  Civil    practice    in   Police    Courts. 

§  4424.  The  City  Police  Judge  must  be  a  quali- 
fied elector  of  the  city,  ^ny  vacancy  in  the  office 
of  Police  Judge  must  be  filled  by  an  appointee  of 
the  Mayor,  made  with  the  advice  and  consent  of 
the  Common  Council. 

Police  Courts,  creation  of  and  acts  relating  to: 
See  General  Laws,  title  "Police  Courts." 

§  4425.  The  Police  Judge  may  appoint  a  Clerli, 
with  such  compensation,  by  way  of  salary  or  fees, 
as  the  Common  Council  may  by  ordinance  pro- 
vide. 

§  4426.  The  Police  Court  has  exclusive  juris- 
diction of  the  following  public  offenses  committed 
within  the  city  boundaries: 

1.  Petit  larceny; 

2.  Assault  and  battery,  not  charged  to  have 
been  committed  upon  a  "public  officer  in  the  dis- 
charge of  his  official  duty,  or  with  intent  to  liill; 


§  4427  Judicial  Powers.  942 

* 

3.  Breaches  of  the  peace,  riots,  affrays,  com- 
mitting willful  injury  to  property  and  all  misde- 
meanors punishable  by  line  not  exceeding  five 
hundred  dollars  or  by  imprisonment  not  exceed- 
ing six  months,  or  by  both  such  fine  and  imprison- 
ment; and 

4.  Of  proceedings  respecting  vagrants,  lewd  or 
disorderly  persons. 

Basis  of  section— Stats.  1866,  p.  194. 

§  4427.  The  Police  Court  also  has  exclusive 
jurisdiction: 

1.  Of  all  proceedings  for  the  violation  of  any 
ordinance  of  the  city,  both  civil  and  criminal; 

2.  Of  any  action  for  the  collection  of  taxes  and 
assessments  levied  for  city  purposes;  or  for  the 
erection  or  improvement  of  any  schoolhouse  or 
public  buildings;  for  the  laying  out  or  opening  or 
improving  any  public  street  or  sidewalli,  lane, " 
alley,  bridge,  wharf,  pier  or  docli;  or  for  the  pur- 
chase of  or  the  improvement  of  any  public 
grounds;  or  for  any  and  all  public  improvements 
made  and  ordered  by  the  city  within  its  limits, 
when  the  amount  of  the  tax  or  assessments  sought 
to  be  collected  against  the  person  assessed  is  less 
than  three  hundred  dollars;  but  no  lien  upon  the 
property  taxed  or  assessed  for  the  non-payment 
of  the  taxes  or  assessment  can  be  foreclosed  in 
any  such  action; 

3.  Of  an  action  for  the  collection  of  money  due 
to  the  city,  or  from  the  city  to  any  person,  when 
the  amount  sought  to  be  collected,  exclusive  of  in- 
terest and  costs,  is  less  than  three  hundred  dol- 
lars; 

4.  For  the  breach  of  any  official  bond  given  by 
any  city  officer,  and  for  the  breach  of  any  con- 
tract, and  any  action  for  damages  in  which  the 
city  is  a  party  or  is  in  any  way  interested;  and  all 
forfeited  recognizances  given  to  or  for  the  benefit 
or  in  behalf  of  the  city;  and  upon  all  bonds  given 
upon  any  appeal  taken  from  the  judgment  of  the 
Court  in  any  action  above  named  where  the 
amount  claimed,  exclusive  of  costs,  is  less  than 
three  hundred  dollars; 

5.  For  the  recovery  of  personal  property  be- 
longing to  the  city,  when  the  value  of  the  prop- 
erty (exclusive  of  the  damages  for  the  taking  or 
detention)  is  less  than  three  hundred  dollars;  and. 


943  Judicial  Powers.  §§4428-4432 

6.    Of  an  action  for  the  collection  of  any  license 
required  by  any  ordinance  of  the  city. 
Basis  of  section— Stats.  1866,  p.  194. 

§  4428.  In  all  cases  in  which  the  judge  is  a 
party,  or  in  which  he  is  interested,  or  in  which  he 
is  a  witness,  or  in  which  he  is  related  to  either 
party  by  consanguinity  or  attiuity  within  the  third 
degree;  and  in  case  of  siclvness  or  inability,  or 
temporary  absence  from  the  city,  the  Police 
Judge,  or  Judge  of  the  Police  .Tudge  Court,  may 
by  written  request  call  in  any  Justice  of  the  Peace 
of  the  same  county  to  act  in  his  place  and  stead, 
and  while  so  acting  shall  be  vested  with  the 
power  of  the  judge  for  whom  he  so  holds  court. 
In  which  case  the  proper  entry  of  the  proceedings 
before  the  attending  justice,  subscribed  by  him, 
shall  be  made  in  the  docliet  of  the  judge  for  whom 
he  so  holds  the  court;  and  the  same  shall  be  prima 
facie  evidence  of  such  proceedings,  and  form  and 
become  a  part  of  the  i-ecord  of  any,  or  any  part 
of  any  and  all  actions,  causes  or  proceedings  had 
before  such  attending  justice  while  so  holding  the 
court.  [Amendment  approved  March  9,  1897; 
amendments  1897,  chap,  xciii.] 

§  4429.  Police  Courts  are  always  open  for  the 
transaction  of  business,  except  on  non-judicial 
days. 

Basis  of  section— Stats.  1866,  p.  195. 

§  4430.  Proceedings  in  the  Police  Court  in 
criminal  actions  for  offenses  not  triable  in  such 
courts  must  be  had  in  conformity  with  the  pi'ovis- 
ions  of  Part  II,  Title  III,  Chapter  VII  of  the  Penal 
Code. 

Preliminary  examination— Penal  Code,  sec.  858 
et  sea. 

§  4431.  Proceedings  in  the  Police  Courts  in 
criminal  actions  triable  in  such  coui'ts  are  regu- 
lated in  Part  II,  Title  XI,  Chapter  I  of  the  Penal 
Code. 

Proceedings  in  Police  Courts— and  Justices' 
Courts,  Penal  Code,  see.  1426  et  seq. 

§  4432.  Proceedings  in  the  Police  Courts  in 
civil  actions  are  regulated  by  Part  II,  Title  XII 
of  the  Code  of  Civil  Procedure. 

Proceedings  in  civil  actions— in  Police  Courts, 
Code  Civ.  Proc,  sees.  929-933. 


§§  4422-4445       City  Indebtedness.  944 


CHAPTER    Y. 

CERTAIN  STATUTES  RELATING  TO  CITIES  AND 
TOWNS  AND  EXISTING  CORPORATIONS  CON- 
TINUED. 

§  4442.     Certain  statutes  continued  in  force. 

4442.  Notliin.s  in  this  Code  affects  any  of  the 
provisions  of  "An  act  to  authorize  and  direct  the 
municipal  authorities  of  the  several  cities  and  in- 
coi'poi-ated  towns  of  this  State  to  execute  certain 
trusts  in  relation  to  the  town  lands  granted  to 
the  Incorporated  cities  and  towns  in  this  State  by 
the  Act  of  Congress  entitled  an  Act  for  the  relief 
of  the  inhabitants  of  cities  and  towns  upon  the 
public  lands,  approved  March  second,  eighteen 
hundred  and  sixty-seven;  approved  March  twenty- 
four,  eighteen  hundred  and  sixty-eight;"  or  of 
"An  Act  to  authorize  and  direct  the  County 
Judges  of  the  several  counties  of  this  State  to  ex- 
ecute certain  trusts  in  relation  to  the  town  lands 
granted  to  the  unincorporated  towns  in  this  State 
by  the  Act  of  Congress  entitled  an  Act  for  the  re- 
lief of  the  inhabitants  of  cities  and  towns  upon 
the  public  lands,  approved  March  second,  eighteen 
hundred  and  sixty-seven;  approved  March  thir- 
tieth, eighteen  hundred  and  sixty-eight;"'  but  such 
Acts  are  continued  in  force. 


CHAPTER    YI. 

FUNDING  AND  REFUNDING  OF  CITY  INDEBTEDNESS. 

§  4445.    Powers   of   Trustees   or   Municipal   Council   to   fund 

indebtedness;    issuance  and  form  of  bonds. 
§  444G.     Sale   and   exchange   of   bonds. 
§  4447.     Tax  for  payment  of  bonds;   "Bond  Fund." 
§  4448.     Redemption    of    bonds. 
§  4449.    Proceedings  on  failure  to  levy  tax. 

§  4445.  The  Board  of  Trustees  or  Municipal 
Council  of  any  city  having  an  outstanding  indebt- 
edness on  the  first  day  of  January,  eighteen  hun- 
dred and  eighty,  evidenced  by  bonds  or  warrants 
thereof,  by  a  vote  of  two-thirds  of  all  the  mem- 
bers thereof,  are  empowered,  if  they  deem  it  for 


945  City  Indebtedness.  §  4445 

the  public  interest,  to  fund  or  refund  tlie  same, 
and  issue  bonds  of  tlie  city  tlierefor  in  sums  not 
less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars  each,  having  not  more  than 
twenty  years  to  run,  and  bearing  a  rate  of  inter- 
est not  exceeding  seven  per  cent,  per  annum,  pay- 
able semi-annually,  which  bonds  shall  be  substan- 
tially in  the  following  form:     No.  .     The  City 

of ,  in  the  County  of ,  in  the  State  of  Cali- 
fornia, for  value  received,  promises  to  pay  , 

or  order,  at  tlae  ottice  of  the  Treasurer  of  said  city, 

in ,  on  the  first  day  of  ,   18—,  or  at  any 

time  before  that  day,  at  the  pleasure  of  the  city, 

the  sum  of  dollars,   gold  coin  of  the  United 

States,  with  interest  at  the  rate  of  per  cent. 

per  annum,  payable  at  the  ojtice  of  the  said  Treas- 
urer, semi-annually,  on  the  first  days  of  and 

— — .  in  each  year,  on  presentation  and  surrender 
of  the  interest  coupons  hereto  attached.  This  bond 
is  issued  by  the  Board  of  Trustees  (or  Municipal 
Council,  as  the  case  may  be),  under  the  pi'ovisions 
of  Chapter  six,  of  Title  three,  of  Part  4,  of  tke 
Political  Code  of  California,  and  in  conformity 
with  a  resolution  of  said  Board  of  Trustees   (or 

Municipal  Council),   dated  day  of  ,   18—. 

In  testimony  whereof,  the  said  city,  by  its  Board 
of  Trustees  (or  Mimicipal  Council),  has  caused 
this  bond  to  be  signed  by  the  President  of  the 
Board  of  Trustees  (or  Municipal  Council),  and  at- 
tested by  the  Auditor,  with  the  city  seal  attached, 

this day  of  ,  18 — .     ^Seal.)    — — ,  President 

of  the  Board  of  Trustees  (or  Municipal  Council). 

Attest: ,  Auditor.     And  the    interest     coupon 

shall  be  in  the  following  form:    .$ .    The  Treas- 

urei'  of  the  City  of  — -,  County  of  — .  State  of 

California,  will  pay  the  holder  hereof,  on  the  

(lay  of ,  18 — ,  at  his  office  in ,  dollars, 

gold  coin,  for  interest  on  City  Bond  No.  ,  is- 
sued under  provisions  of  Chapter  six,  of  Title 
three,  of  Part  four,  of  the  Political  Code  of  Cali- 
fornia.     ,  Cit.v  Auditor.    If  the  President  of  the 

Board  of  Trustees  (or  Municipal  Council),  be  ex- 
officio  Auditor,  then  and  in  that  case  said  bonds 
shall  be  attested  by  the  City  Clerk  instead  of  the 
Auditor.  [Amendment  approved  March  4,  1881; 
Stats.  1883,  p.  35.  In  effect  March  4,  1881.] 
Gold  coin  provisions — in  form  or  bond  given  in 


§  4440  Cily  Indebtedness,  94G 

section,  were  inserted  by  amdt.  1881.  Entire  chap- 
ter inserted  by  amdts.  1880. 

Compare  as  to  county  indebtedness— Sees.  4048- 
4052. 

Act  authorizing  issuance  of  bonds  to  protect 
cities:  See  General  Laws,  title  "Municipal  Corpo- 
rations." 

Acts  in  relation  to  funding  indebtedness:  See 
General  Laws,  title  "Public  Debt." 

Act  for  destruction  of  unsold  municipal  bonds: 
See  General  Laws,  title  "Bonds." 

Judgments  against  city  and  counties  over  100,- 
000,  how  paid:  See  General  Laws,  title  "Judg- 
ments." 

§  4446.  Whenever  bonds  issued  under  this 
chapter  shall  be  duly  executed,  numbered  consec- 
utively and  sealed,  they  shall  be  delivered  to  the 
City  Treasurer,  and  his  receipt  taken  therefor, 
and  he  shall  stand  charged  on  his  official  bond 
with  all  bonds  delivered  to  him  and  the  proceeds 
thereof,  and  he  shall  sell  the  same  or  exchange 
them  under  the  directions  of  the  Board  of  Trust- 
ees, or  Municipal  Council,  on  the  best  available 
terms,  for  any  legal  indebtedness  of  the  city  out- 
standing on  the  first  day  of  January,  eighteen 
hundred  and  eighty;  but  in  neither  case  for  a  less 
sum  than  the  face  value  of  the  bonds,  and  all  in- 
terest accrued  on  them  at  the  date  of  such  sale 
or  exchange;  and  if  any  portion  of  the  said  bonds 
are  sold  for  money,  the  proceeds  thereof  shall  be 
applied  exclusively  for  the  payment  of  liabilities 
existing  against  the  city  at  and  before  the  date 
above  named.  "When  they  are  exchanged  for 
bonds  or  warrants,  or  other  legal  evidences  of  city 
indebtedness,  the  Treasurer  shall  at  once  proceed 
to  cancel  the  old  bonds  and  such  other  evidences 
of  indebtedness  by  indorsing  on  the  face  thereof 
the  amount  for  which  they  were  received,  the 
word  "canceled,"  and  the  date  of  cancellation. 
He  shall  also  keep  a  record  of  bonds  sold  or  ex- 
changed by  him,  by  number,  date  of  sale,  amount, 
date  of  maturity,  the  name  and  postofflce  address 
of  the  purchaser,  and,  if  exchanged,  what  evi- 
dences of  indebtedness  were  received  therefor, 
which  record  shall  be  open  at  all  times  for  inspec- 
tion by  the  public.     Whenever  the  holder  of  any 


947  City  Indebtedness.  §  4447 

bond  shall  sell  or  transfer  it,  the  purchaser  shall 
notify  the  Treasurer  of  such  purchase,  giving  at 
the  same  time  the  number  of  the  bond  transferred, 
and  his  postoffice  address,  and  every  transfer  shall 
be  noted  on  the  record.  The  Treasurer  shall  also 
report,  under  oath,  to  the  Board,  at  each  regular 
session,  a  statement  of  all  bonds  sold  or  ex- 
changed by  him  since  the  preceding  report,  and 
the  dale  of  such  sale  or  exchange,  and  when  ex- 
changed a  list  or  description  of  the  city  indebted- 
ness exchanged  therefor,  and  the  amount  of  ac- 
crued interest  received  by  him  on  such  sale  or 
exchange,  which  latter  sum  shall  be  charged  to 
him  as  money  received  by  him  on  Bond  Fund, 
and  so  entered  by  him  on  liis  boolvs;  but  such 
bonds  shall  not  be  sold  or  exchanged  for  any  in- 
debtedness of  the  city,  except  by  the  approval  of 
the  Board  of  Trustees,  or  Municipal  Council  of 
said  city.  No  sale  shall  be  made  of  any  such 
bonds,  except  to  the  highest  bidder,  after  advertis- 
ing bids  for  the  purchase  of  the  same  for  not  less 
than  three  weeks,  in  at  least  one  newspaper  pub- 
lished in  the  county,  the  right  being  reserved  in 
such  advertisement  to  reject  any  or  all  such  bids. 
[New  section  approved  April  27,  1880;  amend- 
ments 1880,  p.  105.    In  effect  April  27,  1880.] 

§  4447.  The  Board  of  Trustees,  or  Municipal 
Council,  shall  cause  to  be  assessed  and  levied  each 
year,  upon  the  taxable  property  of  the  city,  in  ad- 
dition to  the  levy  authorized  for  other  purposes,  a 
surticient  sum  to  pay  the  interest  on  outstanding 
bonds  issued  in  conformity  with  the  provisions  of 
this  chapter,  accruing  before  tlie  next  annual  levy, 
and  such  proportion  of  the  principal  that  at  the 
end  of  tive  years  the  sum  raised  from  such  levies 
shall  equal  at  least  twenty  per  cent,  of  the 
amount  of  bonds  issued;  at  the  end  of  eight  years 
at  least  forty  per  cent,  of  the  amount,  and  at  and 
before  the  date  of  maturity  of  the  bonds  shall  be 
e(iual  to  the  Avhole  amount  of  the  principal  and  in- 
terest; and  the  money  arising  from  such  levies 
shall  be  known  as  the  "Bond  P^ind,"  and  shall 
be  used  for  tlie  payment  of  bonds  and  interest 
coupons,  and  for  no  other  purpose  whatever;  and 
the  Treasurer  slifill  open  and  keep  in  his  books 
a  separat<'  and  special  account  thereof,  which 
slinll  at  all  times  show  the  exact  condition  of  said 


§§  4448, 444'J       City  Indebtedness.  948 

Bond  Fund.  [New  section  approved  April  27, 
1880;  amendments  1880.  p.  105.  In  effect  April  27, 
1880.] 

§  4448.  Whenever  the  amount  in  the  hands  of 
the  Treasurer  belonging  to  the  Bond  Fund,  after 
setting  aside  the  sum  required  to  pay  the  inter- 
est matiiring  before  the  next  levy,  is  sufficient  to 
redeem  one  or  more  bonds,  he  shall  notify  the 
owner  of  such  bond  or  bonds,  by  advertising  in 
any  newspaper  publislied  in  the  county,  not  less 
than  once  a  week,  for  three  successive  weeks,  and 
in  some  newspaper  of  general  circulation  pub- 
lished in  the  city  of  San  Francisco,  not  less  than 
once  a  week,  for  three  successive  weeks,  that  he 
is  prepared  to  pay  the  same,  with  all  interest  ac- 
crued thereon;  and  if  not  presented  for  payment 
or  redemption  within  forty  days  after  the  fii'^t 
publication  of  such  notice,  the  intex'est  on  such 
bonds  shall  cease  and  the  amount  due  thereon 
shall  be  set  aside  for  its  payment  whenever  pre- 
sented. All  redemptions  shall  be  made  in  the  ex- 
act order  of  their  issuance,  beginning  at  the  low- 
est or  first  number,  and  the  notice  herein  required 
shall  be  directed  to  the  postoffice  address  of  the 
owner,  as  shoAvn  by  the  record  kept  in  the  Treas- 
urer's otfice.  [New  section  approved  April  27. 
1880:  amendments  1880,  p.  105.  In  effect  April  27. 
1880.] 

§  4449.  If  the  Board  of  Trustees,  or  Municipal 
Council,  of  any  city  which  has  issued  bonds  under 
the  provisions  of  this  chapter,  shall  fail  to  make 
the  levy  necessary  to  pay  such  bonds  or  interest 
coupons  at  maturity,  and  the  same  shall  have 
been  presented  to  the  City  Treasurer  and  the  pay- 
ment thereof  refused,  the  owner  may  file  the 
bond,  together  with  all  unpaid  coupons,  with  the 
County  Treasurer  of  the  county  in  which  said 
city  is  situated,  taking  his  receipt  therefor,  and 
the  same  shall  be  registered  in  the  office  of  the 
County  Treasurer:  and  the  District  Attorney  shall 
as  soon  as  practicable,  proceed  by  mandamus  in 
the  proper  coiirt,  in  the  name  of  the  owner  of  tlie 
bond,  to  compel  the  said  tax  to  be  levied  in  said 
city,  and  at  a  sufficient  rate  to  realize  the  amount 
of  principal  and  interest  past  due  and  to  become 
due  prior  to  next  levy,  and  the  same     shall  be 


949  Mobs  or  Riots.  §§  4452-4454 

levied  and  collected  as  a  part  of  the  county  tax, 
and  paid  into  the  County  Treasury,  and  pass  to 
the  special  credit  of  such  city  as  bond  tax,  and 
shall  be  paid  by  warrants  as  the  payments  mature 
to  the  holder  of  such  registered  obligations,  as 
shown  by  the  register  in  the  office  of  the  County 
Ti'easurer.  until  the  same  shall  be  fully  satisfied 
and  discharged;  any  balance  then  remaining  being 
passed  to  the  general  account  and  credit  of  said 
city.  [New  section  approved  April  27,  1880; 
amendments  1880,  p.  105.    In  effect  April  27,  1880.] 


TITLE    IV. 

LIABILITIES    OP    COUNTIES    AND    CITIES    FOR    INJU- 
RIES  TO   PROPERTY   BY   MOBS   OR   RIOTS. 


CHAPTER    I. 

§  4452.    MuDicipal   Corporations   responsible   for  injuries   by 

mobs  or  riots. 
§  4453.    Actions    for    damages    thus    caused    must    be    tried, 

where. 
§  4454.    When  action  must  be  commenced. 
§  4455.    Warrant  to  be  issued  for  payment  of  damages;  tax 

therefor. 
§  4456.    Plaintiff  not  to  recover  if  damage  resulted  from  his 

own  neglect. 
§  4457.    Application    of   foregoing    provisions    to    injuries    to 

levees,  etc. 

§  4452.  Every  municipal  corporation  is  respon- 
sible for  injuries  to  real  or  personal  property  situ- 
ate witliiu  its  corporate  limits,  done  or  caused  by 
mobs  or  riots. 

Section  based-on   Stats.   18G8,   p.  418. 

§  4453.  Actions  for  damages  under  the  preced- 
ing section  must  be  tried  in  the  county  in  wliich 
the  property  injured  is  situated. 

Section  based— on  Stats.  1868,  p.  419. 

§  4454.  All  actions  herein  provided  for  must 
be  commenced  within  one  year  after  the  act  com- 
plained of  is  committed. 

Basis  of  section— Stats.  18(i8,  p.  419. 
Pol.  Code-80. 


§§  4455-4457  Mobs  or  Riots.  950 

Like  provision— in  Code  Civ.  Proc,  sec.  340, 
subd.  5. 

§  4455.  On  ttie  certificate  of  the  presiding  offi- 
cer, or  of  tlie  Clerlv  of  the  Court  in  which  the  judg- 
ment is  rendered,  tbe  Board  of  Supervisors  of  the 
county  or  the  legib.ative  authority  of  the  city 
must  by  ordinance  direct  and  cause  to  be  issued 
a  warrant  for  the  payment  thereof  on  the  General 
Fund,  and  tlie  same  must  be  paid  in  its  regular 
order,  as  other  warrants  of  the  municipal  corpora- 
tion are  paid;  and  must  at  the  proper  times  levy 
and  cause  to  be  collected  a  tax  on  the  taxable  prop- 
erty of  such  municipal  corporation  for  the  pay- 
ment of  such  warrant  within  a  period  of  not  more 
than  three  years. 

Basis  of  section— Stats.  1868,  p.  419. 

§  4456.  The  plaintiff  in  any  action  authorized 
by  tliis  title  must  not  recover  if  it  appears  upon 
the  trial  that  the  damage  complained  of  was  oc- 
casioned or  in  any  manner  aided,  sanctioned  or 
permitted  by  his  carelessness  or  negligence. 

§  4457.  The  provisions  of  this  title  and  chap- 
ter are  applicable  to  cases  where  the  levees  and 
other  works  of  reclamation  of  any  district  are  in- 
jured or  destroyed  by  mobs  or  riots;  and  the  ac- 
tions brought  for  damages  therefor  must  be  pros- 
ecuted by  the  Attorney  General  of  the  State,  in 
the  name  of  the  people  of  the  State  of  California, 
and  the  amount  recovered  in  such  actions  must 
be  paid  to  the  Treasurer  of  the  county,  who  must 
place  the  same  to  the  credit  of  the  district.  [New 
section  approved  March  30.  1874;  amendments 
1873-4,  p.  59.     In  effect  .July  6,  1874.] 

Section  added— by  amdts.  1874. 


PART   V. 


OF  THE  DEFINITION  AND  SOURCES  OF  LAW 
—EFFECT  AND  PUBLICATION  OF  THE 
CODES,  AND  THE  EXPRESS  REPEAL  OF 
STATUTES. 


PART   V. 

OF  THE  DEFINITIOX  AND  SOURCES  OF  LAW— EF- 
FECT AND  PUBLICATION  OF  THE  CODES,  AND  THE 
EXPRESS   REPEAL  OF  STATUTES. 

Title  1.    Definition  and  Sources  of  the  Law. 
II.    Effect  of  the  Codes. 

III.  Publication  of  the  Codes,   and   Statutes 

Continued  in  Force. 

IV.  Express  Repeal  of  Statutes. 


TITLE    I. 

DEFINITION   AND   SOURCES   OF   THE   LAW. 

§  4466.    Definition   of  law. 

§  4467.    How   expressed. 

§  4468.    Common  law,  when  rule  of  decision. 

§  4466.  Law  is  a  solemn  expression  of  the  will 
of  the  supreme  power  of  the  State. 

§  4467.  The  will  of  the  supreme  power  is  ex- 
pressed ; 

1.  By  the  Constitution; 

2.  By  statutes. 

§  4468.  The  common  law  of  England,  so  far  as 
it  is  not  repucnaut  to  or  inconsistent  with  the 
Constitution  of  the  United  States,  or  the  Consti- 
tution or  laws  of  this  State,  is  the  rule  of  decision 
in  all  the  Courts  of  this  State. 

Basis  of  section— Stats.  1850,  p.  219. 

(952) 


953  Effect  of  the  Codes.      §§  4478-448' 

TITLE    II. 

EFFECT    OF    THE    CODES. 

§  4478.  Construction  of  the  Codes  with  relation  to  the  laws 
passed  at  the  present  session. 

§  4479.    Laws  passed  at  present  session  prevail. 

§  4480.     Construction  of  Codes  with  relation  to  each  other. 

§  4481.     Conflicts  between  Titles,   which  to  prevail. 

§  4482.     Conflicts   between   Chapters,   which  to  prevail. 

§  4483.     Conflicts  between  Articles,  which  to  prevail. 

§  4484.  Conflicting  sections  of  the  same  Title,  which  to  pre- 
vail. 

§  4478.  With  relation  to  the  laws  passed  at  the 
present  session  of  the  Legislature,  The  Political 
Code,  Civil  Code,  Code  of  "Civil  Procedure  and 
Peual  Code,  must  be  construed  as  though  each 
had  been  passed  on  the  first  day  of  the  present 
session. 

Construed  as  though  passed  on  first  day  of  ses- 
sion—otherwise as  to  special  title,  sec.  3891. 

§  4479.  If  the  provisions  of  any  law  passed  at 
the  present  session  of  the  Legislature  contravene 
or  are  inconsistent  with  the  provisions  of  either  of 
the  four  Codes,  the  provisions  of  such  law  must 
prevail. 

§  4480.  Witli  relation  to  each  other,  the  provis- 
ions of  the  four  Codes  must  be  construed  (except 
as  in  the  next  two  sections  provided)  as  though 
all  such  Codes  had  been  passed  at  the  same  mo- 
ment of  time,  and  were  parts  of  the  same  statute. 

§  4481.  If  the  provisions  of  any  title  conflict 
with  or  contrjivene  tiie  provisions  of  another  title, 
the  provisions  of  each  title  must  prevail  as  to  all 
matters  and  questions  arising  out  of  the  subject 
matter  of  sucli  title. 

§  4482.  If  the  provisions  of  any  chapter  con- 
flict with  or  contravene  the  provisions  of  another 
chapter  of  the  same  title,  the  provisions  of  each 
chapter  must  prevail  as  to  all  matters  and  ques- 
tions arising  out  of  the  subject  matter  of  such 
chapter. 


§§  4483-4505  Express  Repeal  of  Statutes.  954 

§  4483.  If  the  provisions  of  any  Article  conflict 
with  or  contravene  the  provisions  of  another  Ar- 
ticle of  the  same  chapter,  the  provisions  of  each 
Article  must  prevail  as  to  all  matters  and  ques- 
tions arising  out  of  the  subject  matter  of  such  Ar- 
ticle. 

§  4484.  If  conflicting  provisions  are  found  in 
different  sections  of  the  same  chapter  or  Article, 
the  provisions  of  the  sections  last  in  numerical  or- 
der must  prevail,  unless  such  construction  is  in- 
consistent with  the  meaning  of  such  chapter  or 
Article. 


TITLE    III. 

PUBLICATION   OP  THE   CODES. 
§  4494.    Codes  not  published  as  part  of  the  statutes. 

§  4494.  The  Codes  passed  at  this  session  of  the 
Legislature  must  not  be  published  as  part  of  the 
statutes  passed  at  this  session,  but  provision  must 
be  made  by  law  for  their  publication. 

Publication  of  Codes— see  Stats.  1872,  pp.  481- 
484. 

Publication  and  distribution  of  Statutes— see 
sec.  318. 

TITLE    IV. 

EXPRESS    REPEAL    OP   STATUTES. 

§  4504.     Repeal  of  repealed  statutes  not  to  Imply  that  they 

were  in  force. 
§  4505.    Express  repeal  of  statutes  to  be  provided  for. 

§  4504.  The  repeal  of  any  statute  or  part  of  a 
statiite  heretofore  i-epealed  must  not  be  construed 
as  a  declaration,  express  or  by  implication,  that 
such  statute  or  part  of  a  statute  has  been  in  force 
at  any  time  subsequent  to  such  first  repeal. 

§  4505.  The  express  repeal  of  statutes  will  be 
provided  for  by  a  separate  statute,  and  such 
statute,  after  its  passage,  must  be  construed  in  the 
same  manner,  and  must  have  like  effect  as  if  it 
were  part  of  this  Code. 


APPENDIX. 


f955) 


APPENDIX. 


ATTORNEY    GENERAL. 

Acts  allowing  the  attorney  general  to  settle  and 
dismiss  certain  suits  may  be  found  in  the  statutes 
of  1891,  pages  182,  268,  and  467. 


AUDITORS. 

An  Act  to  enable  Boards  of  Supervisors  to  au- 
thorize the  employment  of  a  deputy  in  certain 
cases. 

Deputies  to  ex-officio  Auditors  and  Recorders. 

Section  1.  The  Board  of  Supervisors  of  any 
county  now  of  the  first  class,  under  the  provisions 
of  Section  forty  hundred  and  six  of  the  Political 
Code,  in  which  the  ex-officio  Auditor  and  Recorder 
,  is  not  authorized  by  law  to  employ  a  deputy,  may, 
by  resolution,  authorize  the  said  ex-officio  Auditor 
and  Recorder  to  employ  a  deputy,  and  to  fix  the 
compensation  such  deputy  shall  receive,  not  to 
exceed  one  hundred  and  twenty-five  dollars  per 
month. 

Sec.  2.  This  Act  shall  take  effect  immediately. 
[Approved  April  9,  1880;  1880,  27  (Ban.  ed.  155).] 

BOARD    OF    EXAMINERS. 

An  Act  to  provide  for  the  purchase  of  certain  sup- 
plies for  State  Officers  and  members  of  the 
Legislature. 

[Approved  March  16,  1876;  Statutes  1875-6,  p.  314.] 

The  act  constituted  the  Board  of  Examiners  a 
furnishing  board  and  prescribed  its  powers  and 
duties. 

(957) 


958  Appendix. 

An  Act  authorizing  the  State  Board  of  Examiners 
to  sell  old  furniture  and  all  material  belonging 
to  the  State  and  not  required  for  public  use. 

[Approved  March  31.  1891;  Statutes  1891,  p.  452.] 


CITY  AND  COUNTY  ATTORNEYS. 

An  act  to  provide  for  furnishing  assistants  to 
every  attorney  and  counselor,  city  attorney, 
and  city  and  county  attorney,  and  to  each  law 
officer,  of  whatever  official  name  he  may  be 
designated,  officially  conducting  the  civil  liti- 
gation of  each  city  or  city  and  county  having 
one  hundred  thousand  or  more  inhabitants, 
and  providing  the  mode  in  which  such  assist- 
ants shall  be  appointed  and  designated  as  offi- 
cers of  each  city  or  city  and  county,  and  estab- 
lishing the  compensation  and  prescribing  the 
duties  of  such  assistants. 

[Approved  March  11,  1891;  Statutes  1891,  p.  95.] 
The  act  fixed  the  number  of  assistants  and  their 

compensation. 

CONSTABLES. 

An  act  legalizing  the  official  acts  of  constables  in 
this  state,  performed  between  the  first  Mon- 
day of  January  and  the  first  Monday  of  March, 
eighteen  hundred  and  seventy-four. 

[Approved  March  27,  1874;  Statutes  1873^,  p.  700.] 
The  nature  of  the  act  appears  from  its  title. 


CONTROLLER. 

An  act  authorizing  charge  against  general  fund 
was  approved  March  31,  1891;  Statutes  1891. 
p.  244. 

COUNTY   CLERKS. 

An  act  in  relation  to  certain  deputies  and  assist- 
ants of  county  clei'ks. 
[Approved  February  13,  1880;  1880,  5  (Ban.  ed.  5).] 

Assignment  of  deputy  county  clerks  to  duties  in 
new  courts. 
Section  1.    In  all  cases  in  which,  by  statutes  in 


Appendix.  959 

force  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  seventy-nine,  the  county  clerk  of  any 
county,  or  city  and  county,  is  authorized  to  ap- 
point deputies  or  assistants,  to  whom  duties  are 
assigned  by  such  statutes,  in  or  in  connection 
with  any  of  the  courts  which  were  abolished  by 
the  constitution,  the  clerk  may  assign  to  such  dep- 
uties or  assistants  duties  in  or  in  connection  with 
the  superior  court  of  liis  county,  or  city  and  coun- 
ty, and  they  shall  be  entitled  to  the  same  compen- 
sation as  is  provided  in  said  statutes,  and  the 
same  shall  be  audited  and  paid  at  the  same  time 
and  in  the  same  manner  and  from  the  same  source 
as  is  provided  therein. 
Sec.  2.    This  act  shall  take  effect  immediately. 

An  act  in  relation  to  certain-  deputies,  assistants, 

and  copyists  of  county  clerks. 
[Approved  April  2,  1880;  1880,  20  (Ban.  ed.  104).] 
County  clerks  to  appoint  deputies,   etc. 

Section  1.  In  all  cases  in  which,  by  statutes  in 
force  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  seventy-nine,  the  county  clerk  of  any 
city  and  county  or  counties  having  over  one  hun- 
dred and  twenty  thousand  inhabitants  is  author- 
ized to  appoint  deputies,  assistants,  and  copyists 
in  or  in  connection  with  the  courts  which  are  abol- 
ished by  the  constitution  now  in  force,  the  county 
clerk  may  appoint  four  competent  persons  as  such 
deputies,  assistants,  and  copyists  for  each  superior 
court;  and  where,  by  law,  such  superior  court  is 
entitled  to  more  than  one  judge,  he  may  appoint 
four  competent  persons  as  such  deputies,  assist- 
ants, and  copyists  for  each  additonal  judge;  and 
such  deputies,  assistants,  and  copyists  so  appoint- 
ed shall  be  entitled  to  the  same  compensation  as 
is  provided  in  said  statutes,  and  the  same  shall  be 
audited  and  paid  at  the  same  time  and  mannef 
and  from  the  same  source  as  is  provided  therein. 
He  may  also  appoint  one  chief  deputy,  at  a  com- 
pensation of  two  hundred  and  fifty  dollars  per  • 
month.  He  may  also  appoint  such  additional 
number  of  copyists  as  the  business  of  his  office 
shall,  in  his  discretion,  from  time,  to  time  I'equire, 
(provided,  said  uuuibor  shall  not  exceed,  at  any 
one  time,  three  copyists  for  each  judge  of  the  su- 
perior  court),   at   a  compensation   not   to   exceed 


960  Appendix. 

three  dollars  per  day  each  for  the  days  of  actual 
service  rendered;  such  additional  copyists  shall  be 
paid  at  the  same  time  and  manner  as  is  provided 
for  such  deputies,  assistants,  and  copyists. 
[Amendment  approved  February  14,  1891;  Stats. 
1891,  p.  5.     In  effect  immediately.] 

An  act  authorizing  county  clerks  in  this  state  to 
take  and  certify  affidavits  for  United  States  pen- 
sion claimants,  without  the  payment  of  fees  or 
compensation  therefor. 

Affidavits    certified   without   fees. 

Section  1.  All  county  clerks  in  this  state  are 
hereby  authorized  and  empowered  to  take  and 
certify  affidavits  for  United  States  pension  claim- 
ants without  demanding  or  receiving  any  fees  or 
compensation  therefor. 

Sec.  2.  This  act  shall  take  effect  immediately. 
[Approved  March  10,  1887;  1887,  81.] 

DISTRICT  ATTORNEYS. 

An  act  relating  to  district  attorneys,  their  assist- 
ants,   and   clerks,    in   counties   and   cities   and 
counties  having  a  population  of  more  than  one 
hundred  and  twentv-five  thousand. 
[Approved  March  2.  1891;  Stats.  1891,  p.  21.] 

Section  1.  All  counties  and  cities  and  counties 
having  a  population  of  more  than  one  hundred  and 
twenty-five  thousand,  the  district  attorney  shall 
have  the  power  to  appoint  three  deputies:  one  with 
a  salary  of  three  liundred  ($300)  dollars  per 
month,  and  two  with  a  salary  of  two  liundred  aud 
fifty  ($250)  dollars  per  month  each;  also,  one  chief 
clerk,  with  a  salary  of  two  hundred  and  fifty 
(.$2.50)  dollars  per  month,  and  two  assistant  clerks, 
witli  a  salary  of  one  hundred  and  fifty  ($150)  dol- 
lars per  month  each. 

Sec.  2.  All  acts  or  parts  of  acts  in  conflict  with 
.this  act  are  liereby  repealed. 

Sec.  3.    This  act  shall  take  effect  immediately. 

An  act  in  relation  to  the  fees  of  district  attorneys 
in  certain  counties. 
[Approved  ]March  30.  1872:  1871-2,  799.] 
Tliis  act  related  to  the  fees  of  district  attorneys 
in  Biitte,  Inyo,  I'lacer,  and  Shasta. 


Appendix.  961 

ELECTIONS. 

An  act  to  create  a  commission  for  the  purpose  of 
examining,    testing,    and    investigating   voting 
macliines,  and  reporting  to  tlie  legislature  at 
its  Tliirty-tliird  session  the  result  of  such  in- 
vestigation, and  making  an  appropriation  for 
tlie  expenses  of  such  commission. 
[Stat,  approved  March  27,  1897;  Stats.  1897,  chap, 
clxvii.] 
The  nature  of  the  act  appears  from  its  title. 

An  act  to  ascertain  and  express  the  will  of  the 
people  of  the  state  of  California  upon  the  sub- 
ject of  requiring  an  educational  qualification 
of  voters. 
[Approved  March  17,  1891;  Statutes  1891,  p.  115.] 
The  people,  at  the  election  held  in  November, 
1892,  voted  in  favor  of  an  educational  qualifica- 
tion. 

An  act  to  promote  the  purity  of  elections  by  reg- 
ulating the  conduct  thereof,  and  to  support  the 
privilege  of  free  suffi'age  by  prohibiting  cer- 
tain acts  and  privileges  in  relation  thereto,  and 
providing   for   the   punishment   thereof. 

[Approved  February  23,  1893;  Stats.  1893,  p.  12.] 

Section  1.  All  nominations  of  candidates  for 
public  office  to  be  filled  by  election  within  this 
state,  and  pi*esidential  electors,  must  be  filed  witli 
the  proper  officer  within  tlie  time  and  in  the  man- 
ner prescribed  by  law.  Every  certificate  of  nomina- 
tions made  by  the  membei's  of  a  political  party, 
or  by  a  convention  or  organized  assemblage  of 
delegates,  or  other  body  of  citizens  representing 
a  political  party  or  principle,  must  be  signed  as 
pi'ovided  by  the  provisions  of  sections  eleven  hun- 
dred and  eighty-seven  (1187)  or  eleven  hundred 
and  eighty-eight  (1188)  of  the  Political  Code  of 
this  state;  and  at  the  time  of  filing  the  certificate 
of  nomination,  tlie  person  signing  such  certificates 
of  nomination  shall  also  file  with  the  officer  au- 
thorized by  law  to  receive  and  file  such  certificate 
the  names  of  five  persons,  who  have  accepted,  in 
writing,  and  consented  to  act,  selected  to  receive, 
Pol.  Code-81. 


962  Appendix. 

expend,  audit,  and  disburse  all  moneys  contrib- 
uted, donated,  subscribed,  or  in  any  wise  furnish- 
ed or  raised  for  the  purpose  of  aiding  or  promot- 
ing the  election  of  the  candidates  for  office  or 
electors  named  in  the  said  certificate  of  nomina- 
tion, or  in  any  manner  to  be  used  in  respect  of  the 
conduct  and  management  of  the  election  at  which 
such  candidates  are  to  be  voted  for.  The  certifi- 
cate of  nomination  must  not  be  received  or  filed 
unless  accompanied  by  the  names  of  five  persons, 
citizens  and  electors  of  this  state,  to  compose  such 
committee,  together  with  their  written  acceptance 
and  consent  to  act  as  such  committee,  as  required 
by  this  act.  All  independent  candidates  must  file 
the  names  of  five  persons  to  act  as  an  auditing 
committee,  in  the  same  manner  and  at  the  same 
time  as  required  by  all  regular  party  nominees 
or  candidates,  and  all  members  of  such  an  audit- 
ing committee  acting  for  an  independent  candidate 
are  to  be  governed  by  the  same  laws  and  re- 
quirements as  the  auditing  committee  of  all  reg- 
ular party  nominees  or  candidates.  The  said 
committee  shall  have  the  exclusive  custody  of  all 
monej's  contributed,  donated,  subscribed,  or  in 
anywise  furnished  or  raised  for  or  on  behalf  of  the 
political  pai'ty,  organized  assemblage  or  body,  or 
candidates  represented  by  said  committee,  and 
shall  disburse  the  same  on  proper  vouchers,  under 
the  directions  of  the  body  of  superior  authority 
to  which  it  is  subject,  if  there  be  any.  If,  for  any 
cause,  a  vacancy  shall  occur  in  the  membership 
of  said  committee  prior  to  the  fifteenth  day  be- 
fore the  day  of  holding  an  election,  the  vacancy 
must  be  tilled  by  the  same  authority  as  vacancies 
in  the  list  of  nominees  are  filled.  No  vacancy 
by  resignation  therefrom  or  refusal  to  act  upon 
said  committee  shall  occur  after  the  fifteenth  day 
before  the  day  of  holding  an  election,  or  until  the 
said  committee  shall  have  completed  and  dis- 
charged all  of  the  duties  required  of  them  by  this 
act.  If  any  vacancy  be  created  by  death  or 
legal  disability  subsequent  to  the  fifteenth  day  be- 
fore the  day  of  holding  an  election,  such  vacancy 
shall  not  be  filled,  and  the  remaining  members 
shall  discharge  and  complete  the  duties  required 
of  said  committee  as  if  such  vacancy  had  not  been 
created.  [Amendment  approved  March  27,  1895; 
Stats.   1895,   chap,  clxxxv.] 


Appendix.  963 

Sec.  2.  Within  twenty-one  days  after  the  com- 
pletion of  the  official  canvass  of  the  result  of  the 
election,  said  committee  shall  file,  as  hereinafter 
provided,  an  itemized  statement,  sliowing  in  detail 
all  the  moneys  contributed,  donated,  subscribed, 
or  in  any  wise  furnished  or  received  to  the  use  of 
the  political  party,  organized  assemblage,  or  body, 
or  any  or  all  of  the  candidates  for  public  office, 
or  electors,  coming  under  the  control  of  such  com- 
mittee, or  into  their  custody,  directly  or  indirectly, 
together  with  the  name  of  each  contributor,  donor, 
subscriber,  or  source  from  which  such  moneys 
were  derived,  and  an  itemized  statement  of  all 
money  expended;  such  statement  shall  give  the 
names  of  the  various  persons  to  whom  such  mon- 
eys were  paid,  the  specific  nature  of  each  item,  by 
whom  the  service  was  performed,  and  the  pur- 
pose for  which  it  was  expended.  There  shall  be 
attaclied  to  such  statement  an  affidavit,  subscrib- 
ed and  sworn  to  by  each  member  of  said  commit- 
tee, setting  fortli,  in  substance,  tliat  the  state- 
ment thus'made  is  in  all  respects  true,  and  that 
the  same  is  a  full  and  detailed  statement  of  all 
moneys,  securities,  or  equivalents  for  moneys 
coming  under  their  control  or  into  their  custody, 
and  by  them  expended,  directly  or  indirectly. 
Such  statement  shall  be  filed  in  the  same  office  in 
which  is  filed  the  certificate  of  their  selection  as 
such  committee,  and  shall  become  a  public  docu- 
ment, and  open  to  inspection  by  any  citizen. 

Sec.  8.  Every  candidate  who  is  Voted  for  at 
any  public  election  held  within  the  state  shall, 
within  fifteen  days  after  the  day  of  holding  such 
election,  file,  as  hereinafter  provided,  an  itemized 
statement,  showing  in  detail  all  moneys  paid, 
loaned,  contributed,  or  otherwise  furnished  to 
him,  or  for  his  use,  directly  or  indirectly,  in  aid 
pf  his  election,  and  all  moneys  contributed,  loaned 
or  expended  by  him,  directly  or  indirectly,  by 
himself  or  througli  any  other  person,  in  aid  of  his 
election.  Such  statement  shall  give  the  name 
of  the  various  persons  who  paid,  loaned,  con- 
tributed, or  otherwise  furnished  sucli  moneys  in 
aid  of  his  election,  and  the  names  of  the  various 
persons  to  wliom  sucli  moneys  were  contributed, 
loaned,  or  paid,  the  specific  nature  of  each  item, 
the  service  performed,  and  l>y  whom  performed, 
and  the  purpose  for  which  the  money     was     ex- 


964  Appendix. 

pended,  contributed,  or  loaned.  There  shall  be 
attached  to  such  statement  an  affidavit,  sub- 
scribed and  sworn  to  by  such  candidate,  which 
must  be  substantially  in  the  following  form: 

State  of  California,  } 

County  of ,      5 

I  (name),  having  been  a  candidate  for  the  office 

of ,  at  the  election  held  in  the  county,  city  and 

county,  city,  or  other  division,  state  of  California, 

on  the  day  of  ,  38—,  do  solemnly  swear 

that  I  have  paid  the  sum  of  $ for  my  expenses 

at  the  said  election,  and  no  more,  and  that,  except 
as  aforesaid,  I  have  not,  nor  to  the  best  of  my 
knoAvledge  and  belief  has  any  person,  club,  so- 
ciety, or  association,  on  my  behalf,  directly  or  in- 
directly, made  any  payment,  or  given,  promised, 
or  offered  any  reward,  office,  employment,  or  valu- 
able consideration,  or  incurred  any  liability,  on 
account  of  or  in  respect  of  the  conduct  or  manage- 
ment of  the  said  election,  and  except  such  moneys 
as  may  have  been  paid  to  or  expended  by  the  com- 
mittee selected  as  prescribed  by  the  act  of  the  leg- 
islature of  this  state  approved  (date  of  this  act). 
And  I  further  solemnly  swear  that,except  as  afore- 
said, no  money,  security,  or  equivalent  for  money 
has  to  my  liuowledge  or  belief  been  paid,  ad- 
vanced, given,  or  deposited  by  any  one,  to  or  in 
the  hands  of  myself,  or  any  other  person,  for  the 
purpose  of  defraying  any  expenses  incurred  in  my 
behalf,  or  iu  aid  of  my  election,  or  on  account  of 
or  in  respect  of  the  conduct  or  management  of  the 
said  election.  And  I  further  solemnly  swear  that 
I  will  not,  at  any  future  time,  make,  or  be  a  pal-ty 
to  the  making  or  giving  of,  any  payment,  reward, 
office,  employment,  or  valuable  consideration  for 
the  purpose  of  defraying  any  such  expenses  as 
last  mentioned,  or  provide  or  be  a  party  to  the 
providing  of  any  money,  security,  or  equivalent 
for  money  for  tlae  purpose  of  defraying  any  such 
expenses. 

If  the  candidate  seeks  to  avoid  the  responsi- 
bility of  any  illegal  payment  made  by  any  othet 
person  in  his  belialf.  he  shall  set  out  such  illegal 
payment  and  disclaim  responsibility  therefor. 
Candidates  for  office  to  be  filled  by  the  electors 
of  the  state,  or  of  any  political  division  thereof 
greater  than  a  county,  and  for  members  of  the 


Appendix.  965 

senate  and  asf?embly,  representative  in  Congress, 
or  for  members  of  the  state  board  of  equalization, 
or  state  board  of  railroad  commissioners,  shall  file 
their  statements  in  the  office  of  the  secretary  of 
state.  Candidates  for  all  other  offices  shall  file 
their  statements  in  the  office  of  the  cleric  of  the 
county  wherein  the  election  is  held,  and  within 
which  the  duties  of  the  office  for  which  the  can- 
didate is  voted  for  are  to  be  exercised.  The  state- 
ment or  affidavit  of  a  committee  or  candidate 
shall  be  recorded  in  the  office  of  the  county  re- 
corder, and  shall,  after  being  filed,  become  a  pub- 
lic record,  and  open  at  all  times  to  public  inspec- 
tion. Vouchers  must  be  filed  for  all  expenditures, 
except  in  the  case  of  sums  under  five  dollars. 

Sec.  4.  Any  candidate  for  a  public  office  who 
shall  refuse  or  neglect  to  file,  or  who  makes  a 
false  statement  of  moneys  received  or  expended, 
as  prescribed  by  section  three  of  this  act,  shall 
in  addition  to  the  punishment  of  sucli  offense  pre- 
scribed b.v  the  laws  of  this  state,  forfeit  any  office 
to  which  he  may  have  been  elected  at  the  election 
with  reference  to  which  the  statement  is  required 
to  be  made.  If  a  candidate  elected  to  a  public 
office  refuses  or  neglects  to  file  the  statement  pre- 
scribed by  section  three  of  this  act,  no  certificate 
of  election  shall  be  issued  to  him,  neitlier  sliall 
any  official  bond  presented  or  offered  by  him  be 
approved,  and  the  incumbent  of  the  office,  unless 
he  is  himself  a  defaulting  candidate,  must  not 
surrender  or  deliver  up  said  office,  but  shall  con- 
tinue to  discharge  the  duties  and  shall  receive  the 
emoluments  thereof.  If  the  candidate  refusing  or 
neglecting  to  file  the  statement,  or  making  a  false 
statement  of  moneys  received  or  expended,  is  the 
incumbent  of  an  offlt-e  of  profit  or  trust  under 
the  laws  of  this  state,  in  addition  to  the  punish- 
ment prescribed  by  the  laws  of  this  state  for  such 
refusal  or  neglect,  or  for  making  such  false  state- 
ment, he  shall  be  deprived  of  his  office,  and  shall 
also  forfeit  any  office  to  whicli  he  may  have  been 
elected  at  the  election  in  reference  to  which  the 
statement  is  required  to  be  made. 

Sec.  5.  No  sum  of  money  shall  be  paid  and  no 
expense  shall  be  incurred  by  or  on  behalf  of  a 
candidate  at  an  election  held  within  this  state  at 
which  he  is  a  candidate,  or  by  or  on  behalf  of  a 
committee  selected  under  the  provisions   of   sec- 


966  Appendix. 

tiou  oue  of  this  act,  or  by  or  on  behalf  of  the  body 
or  .superior  authority  to  which  such  committee  is 
subject,  if  any,  whether  before,  during,  or  after 
an  election,  on  account  of  or  in  respect  of  the  con- 
duct or  management  of  such  election,  except  for 
the  expenses  of  holding  and  conducting  public 
meetings  for  the  discussion  of  public  questions, 
and  of  printing  and  circulating  specimen  bal- 
lots, handbills,  cards,  and  other  papers  previous 
to  such  election,  and  of  advertising,  and  of  post- 
age, expressage,  telegraphing  and  telephoning, 
and  of  supervising  the  registration  of  voters,  and 
watching  the  polling  or  counting  of  votes  cast  at 
such  election,  and  of  salaries  of  persons  employed 
in  transacting  business  at  office  or  headquarters 
and  necessary  expenses  of  maintaining  same,  and 
for  rent  of  rooms  necessary  for  the  transaction  of 
the  business  of  the  candidate  or  committee,  or  su- 
perior authority  to  which  such  committee  is  sub- 
ject, if  any,  and  for  necessary  incidental  ex- 
penses, wliich  shall  not  exceed  the  sum  of  one 
hundred  dollars,  if  expended  by  a  candidate,  or 
one  thousand  dollars,  if  expended  by  a  commit- 
tee; and  no  sum  shall  be  paid  and  no 
expense  shall  be  incurred,  directly  or  in- 
directly, by  or  on  behalf  of  a  candidate, 
whether  before,  during,  or  after  an  elec- 
tion, ou  account  of  or  in  respect  of  the  con- 
duct and  management  of.  an  election  at  which  he 
is  a  candidate,  in  excess  of  the  maximum  amount 
following — that  is  to  say,  if  the  term  of  the  office 
for  which  the  person  is  a  candidate  be  for  one 
year  or  less,  five  per  cent,  of  the  amount  of  one 
year's  salary  of  the  office;  if  the  term  be  for  more 
than  one  year,  and  not  more  than  two  years,  ten 
per  cent,  of  the  amount  of  one  year's  salary  of 
the  office;  if  the  term  be  for  more  than  two  years, 
and  not  more  than  three  years,  fifteen  per  cent, 
of  the  amount  of  one  year's  salary  of  the  office; 
if  the  term  be  for  more  than  three  years, 
and  not  more  than  four  years,  twenty 
per  cent,  of  the  amount  of  one  year's 
salary  of  the  office;  if  the  term  be  for  more 
than  four  years,  ten  per  cent,  of  the  amount  of 
one  yeai-'s  salary  of  the  office;  if  the  office  be  one 
for  which,  in  lieu  of  salary,  there  is  allowed  per 
diem,  for  a  statutory  period,  or  for  the  number 
of  days  actually  engaged  in  the  performance  of 


Appendix.  967 

public  duties,  tweuty-five  per  cent,  of  the  amount 
to  accrue  for  tlie  statutory  period;  if  the  office  be 
one  for  which,  in  lieu  of  salary,  a  yearly  sum  is 
allowed  the  officer  for  all  the  expenses  of  his 
office,  the  expenditures  of  the  candidate  for  such 
office  sliall  not  exceed  the  amount  of  ten  per  cent 
of  the  allowance  for  such  office  for  one  year;  if 
the  office  be  one  for  which  no  salary  or  compensa- 
tion is  allowed  except  fees,  or  a  salary  not  exceed- 
injf  nine  hundred  dollars  per  annum  "and  fees,  the 
expenditures  of  the  candidate  for  such  office  shall 
not  exceed  the  amount  of  one  hundred  and  fifty 
dollars;  if  the  office  be  one  for  which  no  salary  or 
compensation  is  allowed,  or  for  which  a  per  diem 
is  allowed  for  the  days  actually  employed  in  the 
performance  of  a  public  duty,  the  expenditures  of 
the  candidate  for  such  office  shall  not  exeood  one 
hundred  dollars;  if  the  candidate  is  also  at  the 
same  time  a  candidate  for  an  unexpired  term,  he 
sliall  not  pay  or  expend  any  sum  on  account  of 
such  unexpired  term,  but  the  maximum  amount 
to  be  expended  by  such  candidate  shall  be  as 
hereinabove  provided. 

See.  6.  Every  claim  payable  by  the  committee 
selected  under  the  provisions  of  section  one  of  this 
act  on  account  of  or  in  respect  of  any  expense  in- 
curred in  the  conduct  and  management  of  an  elec- 
tion held  within  this  state,  or  on  behalf  of  the 
candidates  of  the  political  party,  organized  as- 
semblage, or  body  which  such  committee  repre- 
.sents,  must  be  presented  to  the  committee  within 
ten  days  after  the  return  day  of  the  election,  and 
if  not  so  presented, tlie  same  shall  not  be  paid,  and 
no  action  shall  be  commenced  or  maintained 
thereon,  and  all  expenses  incurred  as  aforesaid 
shall  be  paid  within  fifteen  days  after  the  comple- 
tion of  such  official  cauA^ass,  and  not  otherwise. 
Every  claim  in  respect  of  any  expenses  incurred 
by  or  on  belialf  of  a  candidate  at  an  election  held 
within  this  state  on  account  of  or  in  respect  of 
the  conduct  or  management  of  such  election  shall 
be  presented  to  such  candidate  within  ten  days 
after  the  day  of  election,  and  if  not  so  presented, 
the  same  shall  not  be  paid,  and  no  action  shall  be 
instituted  or  maintained  thereon;  and  all  such  ex- 
penses incurred  as  aforesaid  must  be  paid  within 
twelve  days  after  the  day  of  election,  and  not 
otherwise.     Any  person     who  makes  a  payment 


968  Appendix. 

in  contravention  of  this  section,  except  where 
such  payment  is  allowed,  as  provided  by  this  act, 
is  guilty  of  a  misdemeanor. 

Sec.  7.  The  superior  court  of  the  county 
wherein  such  statement  is  filed  or  is  required  to 
be  filed,  may,  on  the  application  of  either  the  com- 
mittee or  candidate,  or  a  creditor  of  either,  allow 
any  claim,  not  in  excess  of  the  maximum  amount 
allowed  by  this  act.  to  be  presented  and  paid  af- 
ter the  time  limited  by  this  act:  and  a  statement 
of  any  sum  so  paid,  with  a  certificate  of  its  allow- 
ance, shall  forthwith,  after  payment,  be  filed  by 
the  committee  or  candidate  in  the  same  office  as 
the  original  statement  of  the  committee  or  candi- 
date. If  the  candidate  or  committee,  upon  such 
application,  shall  show  to  the  satisfaction  of  said 
court  that  any  error  or  false  recital  in  such  state- 
ment or  affidavit,  or  that  the  failure  to  make  such 
statement  or  affidavit,  or  to  present,  within  the 
designated  time,  a  claim  otherwise  just  and 
l)roper,  has  been  occasioned  by  the  absence  or  ill- 
ness of  such  candidate,  or  by  the  absence,  illness 
or  death  of  one  or  more  members  of  such  commit- 
tee, or  by  the  misconduct  of  any  person  dther 
than  such  applicant,  or  by  inadvertence  or  ex- 
cusable neglect,  or  of  any  reasonable  cause  of  a 
like  manner,  and  not  by  reason  of  any  want  of 
good  faith  on  the  part  of  the  applicant,  the  court 
may,  after  such  notice  of  the  application  as  the 
court  sliall  require,  and  on  the  production  of  such 
evidence  of  the  facts  stated  iu  the  application  as 
sliall  be  satisfactory  to  such  court,  by  order,  allow 
such  statement  and  affidavit  to  be  filed,  or  such 
error  or  false  recital  therein  to  be  corrected,  or 
such  claims  to  be  paid,  as  to  the  court  seems  just; 
and  such  order  shall  relieve  the  applicant  from 
any  liability  or  consequences  under  this  act  iu  re- 
spect of  the  matters  excused  by  the  order.  If  the 
application  is  made  by  a  creditor,  the  court  may. 
under  like  conditions  and  upon  a  like  showing, 
order  the  claim  to  be  paid,  and  the  creditor  shall 
also  be  entitled  to  his  costs.  The  claims  of  one  or 
n^.ore  creditors  nifty  be  united  in  such  application, 
but  the  amount  and  specific  nature  of  each  claim 
must  be  fully  stated. 

Sec.  8.  No  payment  of  money  shall  be  made 
and  no  expense  shall  be  incurred  by  any  person 
in  aid  of.  or  for  or  on  behalf  of,  any  candidate,  or 


Appendix.  969 

on  account  of  or  in  respect  of  the  conduct  or  man- 
agement of  an  election  held  within  this  state,  ex- 
cept by  a  candidate  or  the  committee  selected  un- 
der the  provisions  of  section  one  of  this  act,  or  the 
committee,  body,  or  superior  autliority  to  whicli 
such  committee  is  subject;  and  all  expenses  in- 
curred by  tlie  committee,  body,  or  superior  au- 
thority to  wliich  tlie  said  committee  is  subject 
shall  be  paid  only  from  the  fund  in  the  custody 
of  the  said  committee  so  selected,  as  required  by 
this  act.  Any  contract  for  the  payment  of  money 
or  any  expense  incurred  contrary  to  the  provis- 
ions of  this  section  shall  be  absolutely  void. 

Sec.  9.  No  payment  of  any  money  shall  be 
made  by  a  committee  or  candidate  for  the  rent  of 
any  premises  to  be  used  as  a  committee-room  or 
headquarters,  or  for  holding  a  meeting,  or  for  the 
purpose  of  promoting  the  election  of  a  candidate, 
or  on  account  of,  or  in  respect  to  the  conduct  or 
management  of.  an  election,  where  intoxicating 
liquors  are  sold  for  consumption  on  the  premises, 
or  where  intoxicating  liquor  is  supplied  to  mem- 
bers of  any  club,  society,  or  association;  provided, 
that  nothing  in  this  section  shall  apply  to  any 
part  of  such  premises  whicli  is  ordinarily  let 
for  the  purpose  of  offices,  or  for  holding  public 
meetings,  if  such  part  has  a  separate  entrance 
and  no  direct  communication  with  any  part  of 
the  premises  on  which  any  intoxicating  liquor 
or  refreshment  is  sold  or  supplied  as  aforesaid. 

Sec.  10.  Every  bill,  placard,  iioster.  pamphlet, 
or  other  printed  matter  having  reference  to  an 
election,  or  to  any  candidate,  shall  bear  upon  the 
face  thereof  the  name  and  address  of  the  printer 
and  publisher  thereof,  and  no  payment  therefor 
shall  be  made  or  allowed  unless  such  addi'ess  is 
so  printed. 

.  Sec.  11.  Whenever  any  candidate  for  a  public 
office  pays,  lends,  or  contributes,  or  offers  or 
agrees  to  pay,  lend,  or  contribute,  any  money  or 
other  valuable  consideration  to  or  for  any  person, 
either  for: 

1.  The  doing  or  procuring  to  be  done  of  any 
act  forbidden  to  be  done  by  tlie  laws  of  this  state 
relating  to  public  elections,  or 

2.  Tlie  commission  of  any  crime  or  offense 
against  the  elective  franchise,  or  the  encourage- 
^uent  or  assistance  of  a  person  in  the  commission 


970  Appendix.  I 

of  a  crime  or  offense  against  the  elective  fran- 
chise, or  aiding  or  assisting  any  person  charged 
with  the  commission  of  a  crime  against  the  elec 
tive  franchise  to  evade  arrest  or  to  escape  convic- 
tion and  punishment  for  such  crime  or  offense;  or 

3.  Providing  wholly  ,or  in  part  the  expense  of 
boarding,  lodging,  or  maintaining  a  person  at  any 
place  or  domicile  in  any  election  precinct  or  ward 
or  district  with  the  purpose  of  securing  the  vote 
of  such  person  for  himself  or  any  other  person  at 
an  election  held  within  the  state;  or 

4.  The  hiring  or  employment  of  a  person  to 
talve  or  maintain  a  place  in,  or  to  otherwise  ob- 
struct or  hinder,  or  to  prevent  the  forming  of.  the 
line  of  voters  awaiting  their  opportunity  or  time 
to  enter  the  polling-place  or  election-booth  of  an 
election  precinct;  or 

5.  For  services  rendered  in  securing  his  nomi- 
nation for  the  office  of  which  he  is  a  candidate,  or 
for  placing  his  name  upon  any  list  of  nominees, 
filed  with  a  public  officer  authorized  to  receive 
certificates  of  nomination,  except  the  cost  or  ex- 
pense aiithorized  by  the  Political  Code  to  be  con- 
tributed by  a  candidate  for  nomination  to  defray 
the  legal  and  authorized  expenses  of  a  primary 
election,  and  except,  also,  the  cost  or  expense  of 
circulating  a  nominating  petition  for  signatures 
of  voters,  or  in  consideration  of  any  member  of  a 
convention,  organized  assemblage  of  delegates, 
or  other  body  representing  or  claiming  to  repre- 
sent a  political  party  or  principle,  having  voted  to 
secure  for  him  his  selection  or  indorsement  as  the 
nominee  of  .such  convention,  organized  assem- 
blage, or  body,  for  the  office  for  which  he  is  a 
candidate,  or  in  consideration  of  any  person  aid- 
ing him  in  securing  his  election  or  indorsement  as 
aforesaid;  or 

6.  In  consideration  of  any  person  withdrawing 
as  a  candidate  for  public  office  or  presidential 
elector  at  any  election  held  Avithin  this  state;  or 

7.  For  any  purpose  in  contravention  of  the  pro- 
visions of  this  act:  or 

8.  For  any  purpose  whatever  in  excess  of  the 
maximum  amount  which  such  candidate  may 
lawfully  expend  under  the  provisions  of  this  act: 
or 

9.  Makes  any  payment  after  the  time  limited  by 
this  act.  unless  the  same  is  authorized  as  provided 


Appendix.  971 

in  tliis  act,  or  unless  it  be  in  satisfaction  of  a 
judgment  obtained  against  liim,  wbetlier  before, 
during,  or  after  an  election,  in  respect  of  or  on  ac- 
count of  sucb  election,  or  wbo  refuses  or  neglects 
to  file  the  statement  prescribed  by  section  thi'ee 
of  this  act,  or  who  malves  or  files  a  false  state- 
ment thereof,  or  is  guilty  of  any  crime  against 
the  elective  franchise,  or  of  any  offense  which  is 
punishable  by  fine  or  imprisonment,  or  both,  un- 
der the  pi'ovisions  of  this  act — such  candidate 
shall,  in  addition  to  the  punishment  prescribed 
by  the  laws  of  tliis  state  or  by  this  act,  forfeit 
any  office  to  whicli  he  may  have  been  elected  at 
the  election  in  reference  to  whieli  such  crime  or 
offense  was  committed;  and  if  the  candidate  so 
offending  is  the  incumi^ent  of  an  office  of  profit 
or  trust  under  the  laws  of  4;his  state,  he  shall 
thereby  forfeit  this  office.  Any  candidate  who 
procures,  aids,  assists,  counsels  or  advises  the 
payment  of  any  money  or  other  valuable  thing 
by  or  on  behalf  of  a  committee  selected  under  the 
provisions  of  section  one  of  this  act,  and  such 
payment  is  made  for  any  purpose  which,  if  the 
money  were  expended  by  the  candidate,  would 
worli  a  forfeiture  of  the  office  to  which  he  has 
been  elected,  such  ])ayment  sliall  be  deemed  to 
have  been  made  by  such  candidate,  and  he  shall 
forfeit  any  office  to  wliicli  he  may  have  been 
elected  at  the  election  in  reference  to  wliich  such 
payment  was  made  by  or  on  behalf  of  such  com- 
mittee. 

Sec.  12.  Any  elector  of  the  state,  or  of  any 
county,  city  and  county,  or  of  any  political  subdi- 
visions of  either,  may  contest  the  riglit  of  any  per- 
son declared  elected  to  an  office  to  be  exercised 
therein  for  any  of  the  causes  or  offenses  named 
in  this  act,  or  to  annul  and  set  aside  the  election 
of  any  person  declared  elected  to  any  office  to  be 
exercised  therein  who  has  forfeited  his  office  for 
any  offense  committed  in  contravention  of  this 
act.  In  such  a  proceeding  the  provisions  of  title 
two  of  part  three  of  the  Code  of  Civil  Procedure 
of  the  state  of  California,  relating  to  the  proceed- 
ings of  contesting  certain  elections,  so  far  as  they 
are  not  inconsistent  with  tlie  provisions  of  this 
act,  are  applicable  to  proceedings  authorized  by 
this  section.  If  the  contest  or  proceedings  be  as 
to  the  right  of  any  person  declared  elected  to  the 


972  Appendix. 

office  of  senator  or  member  of  the  assembly,  the 
provisions  of  sections  two  hundred  and  seventy- 
three  to  two  hundred  and  eighty  -  three 
both  inclusive,  of  the  Political  Code  of  this  state 
shall  govern  and  control  the  conduct  and  dispo- 
sition of  sucli  contest  or  proceeding.  If  the  con- 
test be  as  to  the  right  of  any  person  declared 
elected  to  the  office  of  governor  or  lieutenant- 
governor,  sucli  proceedings  shall  be  had  as  are 
provided  by  sections  two  hundred  and  eiglity- 
eight  to  two  hundred  and  ninety-five,  both  inclu- 
sive, of  the  Political  Code  of  this  State,  and  shall 
govern  and  control  the  conduct  and  disposition 
of  such  proceeding.  Any  offense  mentioned  in 
this  act  whicli.  if  committed  by  the  incumbent  of 
an  office,  other  than  member  of  the  senate  or  as- 
sembly, or  governor  or  lieutenant-governor,  or 
any  otlier  office  named  in  section  eighteen  of  arti- 
cle four  of  the  constitution  of  this  state,  is  cause 
of  removal  of  such  officer  from  his  office,  and  is 
hereby  declared  to  be  a  misdemeanor  in  office, 
within  the  meaning  of  the  constitution  of  this 
state:  and  for  any  such  misdemeanor  in  office,  the 
governor,  lieutenant-govei'nor,  or  other  officer 
mentioned  in  said  section  eighteen  of  article  four 
of  the  constitution,  is  liable  to  impeachment.  For 
any  such  misdemeanor  in  office  committed  by  a 
member  of  the  senate  or  assembly  of  this  state, 
with  the  concurrence  of  two-thirds  of  the  mem- 
bers elected,  such  member  may  be  expelled.  If 
the  proceedinsr  is  against  the  incumbent  of  an 
office  of  profit  or  trust  under  the  laws  of  this 
state.  otJier  thau  member  of  the  senate  or  assem- 
bl.v,  or  governor  or  lieutenant-governor,  or  other 
otiicer  liable  to  impeachment,  to  remove  him 
from  or  deprive  him  of  his  office  for  any  offense 
in  contravention  of  the  provisions  of  this  act,  the 
provisions  of  sections  seven  hundred  and  fifty- 
eight  to  seven  hundred  and  seventy-two,  both  in- 
clusive, of  the  Penal  Code  of  the  state  of  Califor- 
nia shall  be  applicable  to  such  proceedings. 

Sec.  1.3.  Where,  upon  the  trial  of  any  action  or 
proceeding  under  the  provisions  of  this  act  for 
the  contesting  of  the  right  of  any  person  declar- 
ed elected  to  an  office,  or  to  annul  and  set  aside 
such  election,  or  to  remove  a  person  from  his  of- 
fice, it  appears  from  the  evidence  that  the  offense 
complained  of  was  not  committed  by  the  candi- 


A-ppendix.  973 

date,  or  with  his  l^nowledge  or  consent,  or  was 
committed  without  his  sanction  or  connivance, 
and  tliat  all  reasonable  means  for  preventing  the 
commission  of  such  offenses  at  such  election 
were  talven  by  and  on  behalf  of  the  candidate,  or 
that  the  offenses  complained  of  were  trivial,  un- 
important, and  limited  in  character,  and  that  in 
all  other  respects  his  participation  in  the  election 
Avas  free  from  such  offenses  or  illegal  acts,  or 
that  any  act  or  omission  of  the  candidate  arose 
from  inadvertence  or  from  accidental  miscalcula- 
tion, or  from  some  other  reasonable  cause  of  a 
lilce  nature,  and  in  any  case  did  not  arise  from 
any  want  of  good  faith,  and  under  the  circum- 
stances it  seems  to  the  court  to  be  just  that  the 
said  candidate  should  not  forfeit  his  office,  or  be 
deprived  of  any  office  of  wlijch  lie  is  the  inciim- 
bent,  then  the  election  of  such  candidate  shall 
not.  by  reason  of  such  offense  or  omission  com- 
plained of,  be  void,  nor  shall  the  candidate  be 
removed  from  or  deprived  of  his  office. 

See.  14.  An  action  to  contest  tlie  ris-ht  of  anv 
person  declared  elected  to  an  office,  or  to  annul 
and  set  aside  such  election,  or  to  remove 
from  or  deprive  any  person  of  an  office 
of  which  he  is  the  incumbent,  for  any  of- 
fense mentioned  in  this  act.  must,  unless  a 
different  time  be  stated,  be  commenced  within 
forty  days  after  the  return  day  of  the  election  at 
which  such  offense  was  committed,  or  unless  the 
ground  of  the  action  or  proceeding  is  tlie  illegal 
payment  of  money  or  other  valunble  tiling  subse- 
quent to  the  filhi"-  of  tlie  st.ntemoiit  presoribed 
by  section  three  of  this  act,  in  which  case  the  ac- 
tion or  proceeding  may  be  commenced  at  any 
time  after  such  illegal  payment.  A  contest  of  the 
office  of  governor  or  lieutenant-governor,  or  mem- 
ber of  the  senate  or  assembly,  must  be  com- 
menced within  twenty  days  after  the  certificate 
of  election  is  issued  or  the  declai'ation  of  the  re- 
sult of  the  election. 

Sec.  1.5.  An  application  for  filing  a  statement, 
payment  of  a  claim,  or  correction  of  an  error  or 
false  recital  in  a  statement  filed,  or  an  action  or 
proceeding  to  annul  and  set  aside  the  election  of 
any  person  declared  elected  to  an  office,  or  to  re- 
move or  deprive  any  person  of  his  office  for  an 
Pol.  Code— 82. 


974  Appendix. 

offense  mentioned  in  tliis  act,  must  be  made  to  oi 
commenced  in  the  superior  court  of  tlie  countj 
in  wlaicli  the  certificate  of  his  nomination  as  t 
candidate  for  the  office  to  which  he  is  declared 
elected  or  is  the  incumbent  is  filed,  or  would  b( 
filed,  under  any  law  enacted  subsequent  to  tht 
first  day  of  January,  eighteen  hundred  and  nine 
ty-oue,  had  such  law  been  in  force  at  the  time  ht 
Avas  a  candidate. 

Sec.  16.  A  candidate  elected  to  an  oflfice,  and 
whose  election  thereto  has  been  annulled  and  sel 
aside  for  any  offense  mentioned  in  this  act,  shall 
not,  during  the  period  fixed  by  law  as  the  term  ot 
such  office,  be  appointed  to  fill  any  vacancy  which 
may  occur  in  such  office.  A  candidate  or  othei 
person  who  is  removed  from  or  deprived  of  his 
office  for  any  offense  mentioned  in  this  act  shall 
not,  during  the  period  I'emaining  as  the  unexpir- 
ed term  of  such  office,  or  during  the  period  fixed 
by  law  as  the  next  ensuing  term  of  such  office, 
be  appointed  to  fill  any  vacancy  which  may  oc- 
cur in  such  office.  Any  appointment  to  an  office 
made  in  violation  of  or  contrary  to  the  provisions] 
of  this  section  shall  be  void. 

Sec.  17.  Every  offense  mentioned  in  this  act 
which  is  punishable  by  imprisonment  in  the  state 
prison  is  hereby  declared  to  be  an  infamous 
crime,  and  when  any  person  is  convicted  of  an 
offense  herein  declared  to  be  an  infamous  crime, 
he  shall,  in  addition  to  the  punishment  prescribed 
by  tlie  laws  of  this  state  for  such  offense,  be  ex- 
cluded from  the  right  of  suffrage  after  such  con- 
viction; and  it  shall  be  the  duty  of  the  county 
clerk  of  the  county  in  which  any  such  convic- 
tion sliall  be  had  to  transmit  a  certified  copy  of 
the  record  of  conviction  to  the  clerk  of  each  coun- 
ty of  the  state  witliin  ten  days  thereafter,  which 
said  certified  copy  shall  be  duly  filed  by  the  said 
county  clerks  in  their  respective  offices,  and  a  rec- 
ord of  such  must  be  made,  and  such  record  shall 
be  a  public  record,  and  open  to  the  inspection  of 
any  citizen. 

Sec.  18.  If  the  district  attorney  of  the  county 
sliall  be  notified  by  any  officer  or  other  person  of 
any  violation  of  any  of  thejprovisions  of  this  act, 
it  shall  be  his  duty  forthwith  to  diligently  in- 
quire into  the  facts  of  such  violation,  and  if  there 
is  reasonable  ground  for  instituting  a  prosecution, 


Appendix.  975 

it  shall  be  the  duty  of  such  district  attorney  to 
file  a  complaint  or  accusation,  in  writing,  Before 
a  court  of  competent  jurisdiction,  charging  the  ac- 
cused person  of  such  offense,  and  shall  verify 
such  complaint  by  affidavit;  but  it  shall  be  suffi- 
cient to  state  In  such  affidavit  that  he  believes 
the  facts  stated  in  such  complaint  to  be  true.  If 
any  district  attorney  shall  fail  or  refuse  to  faith- 
fully perform  any  duty  imposed  upon  him  by  this 
act.  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  forfeit  his  office. 
It  shall  be  the  duty  of  the  district  attorney,  un- 
der penalty  of  forfeiture  of  his  office,  to  prosecute 
any  and  all  persons  guilty  of  any  violation  of  the 
provisions  of  this  act,  the  penalty  of  which  is 
fine  or  imprisonment,  or  both,  or  removal  from 
office.  Any  citizen  may  employ  an  attorney  to 
assist  the  district  attorney  to'  perform  his  duties 
under  this  act,  and  such  attorney  shall  be  recog- 
nized by  the  district  attorney  and  the  court  as 
associate  counsel  in  the  proceeding;  and  no  prose- 
cution, action,  or  proceeding  shall  be  dismissed 
without  notice  to,  or  against  the  objection  of,  such 
associate  counsel  until  the  reasons  of  the  district 
attorney  for  such  dismissal,  together  with  the  ob- 
jections thereto  of  said  associate  counsel,  shall 
have  been  filed  in  writing,  argued  by  counsel,  and 
fully  considered  by  the  court,  with  such  limita- 
tion as  to  the  time  of  filing  such  reasons  and  ob- 
jections as  the  court  may  impose. 

Sec.  19.  It  shall  be  unlawful  for  any  person,  di- 
rectly or  indirectly,  by  himself  or  through  any 
other  person, — 

1.  To  pay,  lend,  or  contribute,  or  offer  or  prom- 
ise to  pay,  lend,  or  contrilmte.  any  money  or  other 
valuable  consideration,  to  or  for' any  voter,  or  to 
or  for  any  other  person,  to  induce  "such  voter  to 
vote  or  refrain  from  voting  at  any  election,  or  to 
induce  any  voter  to  vote  or  refrain  from  voting  at 
such  election,  for  any  particular  person  or  per- 
sons, or  to  induce  such  voter  to  come  to  the  polls 
or  remain  away  from  the  polls  at  such  election,  or 
on  account  of  such  voter  liaving  voted  or  refrain- 
ed from  voting,  or  having  voted  or  refrained  from 
voting  for  any  particular  person,  or  having  come 
to  the  polls  or  remained  away  from  the  polls,  at 
such  election. 


976  Appendix. 

2.  To  give,  offer,  or  promise  any  office,  place, 
or  employment,  or  to  promise  to  procure,  or  en- 
deavor to  procure,  any  office,  place,  or  employ- 
ment, to  or  for  any  voter,  or  to  or  for  any  other 
person,  in  order  to  induce  such  voter  to  vote  or 
refrain  fi'om  voting  at  any  election,  or  to  in- 
duce any  voter  to  vote  or  refrain  from  voting 
at  such  election  for  any  particular  person  or  per- 
sons. 

3.  To  make  any  gift,  loan,  promise,  offer,  pro- 
curement, or  agreement,  as  aforesaid,  to,  for,  or 
vpith  any  person,  in  order  to  induce  such  person 
to  procure,  or  endeavor  to  procure,  the  election 
of  any  person,  or  the  vote  of  any  voter  at  any 
election. 

4.  To  procure,  or  engage,  promise,  or  endeavor 
to  procure,  in  consequence  of  any  such  gift,  loan, 
offer,  promise,  procurement,  or  agreement,  the 
election  of  any  person,  or  the  vote  of  any  voter 
at  such  election. 

5.  To  advance  or  pay,  or  cause  to  be  paid,  any 
money  or  other  valuable  thing  to  or  for  the  use 
of  any  other  person,  with  the  intent  that  the 
same,  or  any  part  thereof,  shall  be  used  in  bribery 
!it  any  election;  or  to  knowingly  pay,  or  cause  to 
be  paid,  any  money,  or  other  valuable  thing,  to 
any  person  in  discharge  or  repayment  of  any 
money,  wholly  or  in  part,  expended  in  bribery  at 
any  election. 

6.  To  advance  or  pay,  or  cause  to  be  paid,  any 
money  or  other  valuable  thing  to  or  for  the  use 
of  any  other  person,  with  the  intent  that  the 
same,  or  any  part  thereof,  shall  be  used  for 
boarding,  lodging,  or  maintaining  a  person  at  any 
place  or  domicile  in  any  election  precinct,  or 
ward,  or  district,  with  intent  to  secure  the  vote 
of  such  person,  or  to  induce  such  person  to  vote 
for  any  particular  person  or  persons  at  any 
election. 

7.  To  advance  or  pay,  or  cause  to  be  paid,  any 
money  or  other  valuable  thing  to  or  for  the  use 
of  any  other  person,  with  the  intent  that  the 
same,  or  any  part  thereof,  shall  be  used  to  aid  or 
assist  any  person  to  evade  arrest  who  is  charged 
with  the  commission  of  a  crime  against  the  elec- 
tive franchise,  for  which,  if  the  person  were  con- 
victed, the  punishment  would  be  imprisonment  in 
the  state  prison. 


Appendix.  977 

8.  To  advance  or  pay,  or  cause  to  be  paid,  any 
money  or  other  valuable  thing  to  or  for  the  use  of 
any  other  person,  in  consideration  of  being  select- 
ed or  indorsed  as  the  candidate  of  any  convention, 
organized  assemblage  of  delegates,  or  other  body, 
representing,  or  claiming  to  represent,  a  political 
party  or  principle,  or  any  club,  society,  or  asso- 
ciation, fora  public  office,  or  in  consideration  of  the 
selection  or  indorsement  of  any  other  person  as  a 
candidate  lor  a  public  office,  or  in  consideration 
of  any  member  of  a  convention,  club,  society,  or 
association  having  voted  to  select  or  indorse  any 
person  as  a  candidate  for  a  public  office,  except 
that  a  candidate  for  nomination  to  a  public  office 
may  contribute  such  proportion  of  the  cost  and 
expense  of  holding  a  primary  election  as  is  au- 
thorized by  the  Political  Code  of  this  state,  and 
no  more. 

9.  To  advance  or  pay,  or  cause  to  be  paid,  any 
money  or  other  valuable  thing  to  or  for  the  use  of 
any  other  person,  in  consideration  of  a  person 
withdrawing  as  a  candidate  for  a  public  office. 

Every  person  who  commits  any  of  the  offenses 
mentioned  in  this  section  is  punishable,  upon  con- 
viction thereof,  by  imprisonment  in  the  state 
prison  for  not  less  than  one  year  nor  more  than 
seven  years. 

Sec.  20.  It  shall  be  unlawful  for  any  person,  di- 
rectly or  indirectly,  by  himself,  or  through  any 
other  person, — 

1.  To  receive,  agree,  or  contract  for,  before  or 
during  an  election,  any  money,  gift,  loan,  or  other 
valuable  consideration,  office,  place,  or  employ- 
ment, for  himself  or  any  other  person,  for  voting 
or  agreeing  to  vote,  or  for  coming  or  agreeing  to 
come  to  the  polls,  or  for  refraining  or  agreeing  to 
refrain  from  voting,  or  for  voting  or  agreeing  to 
vote,  or  refraining  or  agreeing  to  refrain  from 
voting,  for  any  particular  person  or  persons  at 
any  election. 

2.  To  receive  any  money  or  other  valuable 
thing,  during  or  after  an  election,  on  account  of 
himself  or  any  other  person  having  voted  or  re- 
frained from  voting,  for  any  particular  person  or 
persons  at  such  election,  or  on  account  of  himself 
or  any  other  person  having  come  to  the  polls  or 
remained  away  from  the  polls  at  such  election, 
or  on  account  of  having  induced  any  other  person 


978  Appendix. 

to  vote  or  refrain  from  voting,  or  to  vote  or  re- 
frain from  voting  for  any  particular  person  or 
persons,  or  to  come  to  or  remain  away  from  the 
polls,  at  such  election. 

3.  To  receive  any  money  or  other  valuable 
thing,  before,  during,  or  after  election,  on  ac- 
count of  himself  or  any  other  person  having  voted 
to  secure  the  election  or  indorsement  of  any  oth- 
er person  as  the  nominee  or  candidate  of  any  con- 
vention, organized  assemblage  of  delegates,  or 
other  body  representing,  or  claiming  to  represent, 
a  political  party  or  principle,  or  any  club,  society, 
or  association,  or  on  account  of  himself  or  any 
other  person  having  aided  in  securing  the  selec- 
tion or  indorsement  of  any  other  person  as  a 
nominee  or  candidate  as 'aforesaid. 

Every  person  who  commits  any  of  the  offenses 
mentioned  in  this  section  is  punishable,  upon  con- 
viction, by  imprisonment  in  the  state  prison  for 
not  less  than  one  nor  more  than  seven  years. 

Sec.  21.  Every  person  who  willfully  causes, 
procures,  or  allows  himself  to  be  registered  in  the 
precinct  register  or  great  register  of  any  coimty 
or  city  and  county,  linowing  himself  not  to  be  en- 
titled to  such  registration,  is  punishable  by  im- 
prisonment in  the  state  prison  for  not  less  than 
one  nor  more  than  three  years. 

Sec.  22.  Every  person  who  willfully  causes, 
procures,  or  allows  any  other  person  to  be  regis- 
tered in  tlie  precinct  register  or  great  register  of 
any  county,  or  city  and  county,  linowing  such 
person  not  to  be  entitled  to  such  registration,  is 
punishable  by  imprisonment  in  the  .state  prison 
for  not  less  than  one  year  nor  more  than  three 
years. 

Sec.'  23.  Every  person  not  entitled  to  vote  who 
fraudulently  votes,  and  every  person  who  votes 
more  than  once,  at  any  one  election:  or  knowing- 
ly hands  in  two  or  more  ticl^ets  folded  together, 
or  changes  any  ballot  after  the  same  has  been 
deposited  in  tlie  ballot-box.  or  adds,  or  attempts 
to  add,  any  ballot  to  those  legally  polled  at  any 
election,  eitlier  by  fraudulently  introducing  the 
same  into  the  ballot-box  before  or  after  the  bal- 
lots therein  have  been  counted,  or  adds  to  or 
mixes  with,  or  attempts  to  add  to  or  mix  with, 
the   ballots   lawfully  polled,   other  ballots,   while 


Appendix.  97£ 

the  same  are  being  counted  or  canvassed,  or  at 
any  otlier  time,  witli  intent  to  cliange  the  result 
of  such  election;  or  carries  away  or  destroys,  or 
attempts  to  carry  away  or  destroy,  any  poll  list, 
or  ballots,  for  the  purpose  of  breaking  up  or  in- 
validating such  election;  or  willfully  retains,  mu- 
tilates, or  destroys  any  election  returns;  or  in  any 
manner  so  interferes  with  the  offi'cer  holding 
such  election  or  conducting  such  canvass,  or  with 
the  voters  lawfully  exercising  their  rights  of  vot- 
ing at  such  election,  as  to  prevent  such  election 
or  canvass  from  being  fairly  had  and  lawfully 
conducted,— is  punishable  by  imprisonment  in  the 
state  prison  for  not  less  than  two  nor  more  than 
seven  years. 

Sec.  24.  Every  person  not  entitled  to  vote  who 
fraudulently  attempts  to  vote,  or  who,  being  en- 
titled to  vote,  attempts  to  vote  more  than  once, 
at  any  election,  or  who  personates  or  attempts  to 
personate  a  person  legally  entitled  to  vote,  is 
Ijunishable  by  imprisonment  in  the  state  prison 
for  not  less  than  one  nor  more  than  two  years. 

Sec.  25.  Evei-y  person  who  gives  or  offers  a 
bribe  to  any  officer  or  member  of  any  legislative 
caucus,  political  convention,  committee,  primary 
election,  or  political  gathering  of  any  Ivind,  lield 
for  the  purpose  of  nominating  candidates  for  of- 
fices of  lionor,  trust,  or  profit  in  this  state,  with 
intent  to  influence  the  person  to  whom  such  bribe 
is  given  or  offered  to  be  more  favorable  to  one  can- 
didate than  to  another,  and  every  person,  mem- 
ber of"  either  of  the  bodies  in  this  section  men- 
tioned, who  receives  or  offers  to  receive  any  such 
bribe,  is  punishable  by  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  seven 
years. 

Sec.  26.  Every  officer  or  clerli  of  election  who 
iiids  in  changing  or  destroying  any  poll  list  or  offi- 
cial ballot,  or  in  placing  any  ballots  in  the  bal- 
lot-box, or  in  talking  any  therefrom,  or  adds,  or 
attempts  to  add,  any  ballots  to  those  legally  poll- 
ed at  such  election,  either  by  fraudulently  intro- 
ducing the  same  into  the  ballot-box  before  or 
after  the  ballots  therein  hnve  been  counted,  or 
adds  to  or  mixes  with,  or  attempts  to  add  to  or  mix 
with,  the  ballots  polled,  any  other  ballots,  while 
the   same  are  being  counted   or  canvassed,   or  at 


980  Appendix. 

any  other  time,  witli  intent  to  change  the  result 
of  such  election,  or  allows  another  to  do  so,  when 
in  his  power  to  prevent  it,  or  carries  away  or  de- 
stroys, or  knowingly  allows  another  to  carry 
away  or  destroy,  any  poll  list,  ballots,  ballot-box, 
or  ballots  lawfully  polled,  is  punishable  by  im- 
prisonment in  the  state  prison  for  not  less  than 
two  nor  more  than  seven  years. 

Sec.  27.  Every  person  who  forges  or  counter- 
feits returns  of  an  election  purporting  to  have 
been  held  at  a  precinct,  town,  or  ward  where  no 
election  was  in  fact  held,  or  willfully  substitutes 
forged  or  counterfeit  returns  of  election  in  the 
place  of  true  returns  for  a  precinct,  town,  or  ward 
where  an  election  was  actually  held,  is  punisha- 
ble by  imprisonment  in  the  state  prison  for  a 
term  not  less  than  two  nor  more  than  seven  years. 
Every  person  who  willfully  adds  to  or  subtracts 
official  or  unofficial  returns,  or  who  alters  such  re- 
turns, is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  nor  more  than  five 
years. 

Sec.  28.  Every  person  who  aids,  assists,  coun- 
sels, or  advises  another  to  give  or  offer  his  vote 
at  any  election,  knowing  that  the  person  is  not 
qualified  to  vote,  or  who  aids  or  abets  in  the 
commission  of  any  of  tlie  offenses  mentioned  in 
the  preceding  sections,  is  punishable  by  imprison- 
ment in  the  state  prison  not  exceeding  two  years. 

Sec.  29.  Evex-y  person  charged  with  the  per- 
formance of  any  duty  under  the  provisions  of  any 
law  of  this  state  relating  to  elections,  who  will- 
fully neglects  or  refuses  to  perform  it,  or  who,  in 
his  official  capacitj-,  knowingly  and  fraudulently 
acts  in  contravention  or  violation  of  any  of  the 
provisions  of  such  laws,  is,  unless  a  different  pun- 
ishment for  such  acts  or  omissions  is  prescribed 
by  tlie  code  of  this  state,  punishable  by  fine  not 
exceeding  one  thousand  dollars,  or  by  imprison- 
ment in  the  state  prison  not  exceeding  five  years, 
or  by  both. 

Sec.  30.  Every  person  who,  being  a  member  of 
the  committee  selected  as  prescribed  in  section 
one  of  this  act,  or  a  candidate  for  a  public  office 
at  an  election,  makes  and  files  any  false  state- 
ment of  moneys  received  and  expended  on  ac- 
count of  or  in  respect  of  the  conduct  and  manage- 
ment of  the  election  in  reference  to  which  such 


Appendix.  981 

statement  is  filed,  is  guilty  of  pei'jury,  and  is 
punishable  by  imprisonment  in  the  state  prison 
for  not  less  than  one  year  nor  more  than  seven 
years. 

See.  31.  Every  person  who  signs  or  presents 
for  filing  a  certificate  as  prescribed  by  section 
one  of  this  act,  which  contains  the  name  of  a  fic- 
titious person,  or  the  name  of  any  person  other 
than  those  actually  selected  to  perform  the  du- 
ties required  of  the  committee  to  be  selected  un- 
der the  provisions  of  section  one  of  this  act,  or 
who  practices  any  fraud,  device,  or  artifice  to 
conceal  the  true  names  of  the  persons  actually 
charged  with  the  duties  belonging  to  the  said 
committee,  is  punishable,  upon  conviction,  by  im- 
prisonment in  the  state  prison  for  not  less  than 
one  year  nor  more  than  seven  years. 

Sec.  32.  A  person  offending  against  any  provi- 
sion of  sections  nineteen,  twenty,  twenty-one, 
twenty-two,  twenty-five,  twenty-six,  twenty-sev- 
en, twenty-eight,  thirty,  and  thirty-one  of  this  act 
is  a  competent  witness  against  another  person  so 
offending,  and  may  be  compelled  to  attend  and 
testify  upon  any  trial,  hearing,  proceeding,  or 
lawful  investigation,  or  judicial  proceeding,  in 
the  same  manner  as  any  other  person.  But  the 
testimony  so  given  shall  not  be  used  in  any  pros- 
ecution or  proceeding,  civil  or  criminal,  against 
the  person  so  testifying.  A  person  so  testifying 
shall  not  thereafter  be  liable  to  indictment  or 
presentment  by  information,  nor  to  prosecution 
or  punishment  for  the  offense  with  reference  to 
which  his  testimony  was  given,  and  may  plead  or 
prove  the  giving  of  testimony  accordingly  in  bar 
of  such  indictment,  information,  or  prosecution. 

Sec.  33.  It  shall  be  unlawful  for  any  candi- 
date for  public  office,  before  or  during  an  election, 
to  make  any  bet  or  wager  with  a  voter,  or  take  a 
share  or  interest  in  or  in  any  manner  become  a 
party  to  such  bet  or  wager,  or  provide,  or  agree 
to  provide,  any  money  to  be  used  by  another  in 
making  such  bet  or  wager,  upon  any  event  or 
contingency  whatever.  Nor  shall  it  be  lawful  for 
any  person,  directly  or  indirectly,  to  make  a  bet 
or  wager  with  a  voter,  depending  upon  tlie  re- 
sult of  any  election,  with  the  intent  thereby  to 
procure  the  challenge  of  such  voter,  or  to  prevent 


982  Appendix. 

him  from  voting  at  snch  election.  Every  person 
who  commits  any  of  the  offenses  mentioned  in 
tliis  section  is  guilty  of  a  misdemeanor. 

Sec.  84.  Every  candidate  for  a  public  office  who 
refuses  or  neglects  to  file  a  statement,  as  prescrib- 
ed in  section  three  of  this  act,  is  guilty  of  a  mis- 
demeanor. 

Sec.  35.  Every  member  of  a  committee  selected 
under  the  provisions  of  section  one  of  this  act 
who  refuses  or  neglects  to  tile  a  statement,  as 
prescribed  by  section  two  of  this  act,  is  guilty  of 
a  misdemeanor. 

Sec.  36.  Every  person  who  advances  or  pays, 
or  causes  to  be  paid,  any  money  or  other  valua- 
ble tiling,  in  contravention  of  sections  eight  or 
nine  of  this  act.  unless  a  different  penalty  is  pro- 
vided for  such  illegal  payment,  is  guilty  of  a  mis- 
demeanor. 

Sec.  37.  Every  candidate  who  makes  any  pay- 
ment in  aid  of  his  election,  or  in  the  conduct  and 
management  of  an  election,  in  excess  of  the  sum 
authorized  or  permitted  to  be  expended  by  tliis 
act,  or  contrary  to  or  in  violation  of  sections  five 
or  six  of  this  act,  is  guilty  of  a  misdemeanor,  im- 
less  a  different  penalty  is  provided  for  such  ille- 
gal payment;  each  payment  so  made  contrary  to 
or  in  violation  of  said  sections  five  or  six  of  this 
act  shall  constitute  a  separate  and  distinct  of- 
fense. 

Sec.  38.  Every  member  of  a  committee  selected 
under  the  pi'ovisions  of  section  one  of  this  act 
who  makes  any  payment  contrary  to  or  in  vio- 
lation of  tlie  provisions  of  sections  five  or  six  of 
this  act,  unless  a  different  penalty  is  provided  for 
such  illegal  payment,  is  guilty  of  a  misdemeanor. 

Sec.  39.  Every  person  who,  either  before  or 
during  an  election,  directly  or  indirectly,  gives  or 
provides,  or  pays,  wholly  or  in  part,  the  expense 
of  giving  or  providing  any  meat,  drink,  refresh- 
ment, entertainment,  or  provision  to  or  for  any 
person,  for  the  iiurpose  of  corruptly  influencing 
that  person,  or  any  other  person,  to  give  or  re- 
frain from  giving  his  vote  at  an  election,  or  to 
come  to  the  polls  or  remain  away  from  tlie  polls, 
or  on  account  of  such  person  or  any  other  person 
having  voted  or  refrained  from  voting,  or  having 
come  to  tlie  polls  or  remained  away  from  the 
polls,  or  being  about  to  vote  or  refrain  from  vot- 


Appendix,  983 

ing,  at  such  election,  is  guilty  of  a  misdemeanor. 

Sec.  40.  Every  person  who  sets  up,  or  causes 
to  be  set  up,  or  otherwise  exhibits,  in  any  place 
set  apart  for  the  registration  of  voters  for  the  re- 
ceiving of  votes  at  an  election,  or  for  the  counting 
of  votes  cast  at  an  election,  any  box  or  other  re- 
ceptacle for  the  deposit  of  money,  or  who  solicits 
the  giving  or  depositing  of  any  money,  for  the 
purpose  of  providing  any  drinlv,  refreshment,  or 
entertainment  to  or  for  any  person  employed  in 
or  about  the  registration  of  voters,  or  the  polling 
of  votes,  or  the  counting  of  votes  cast  at  an  elec- 
tion, or  who  gives  or  provides  any  moneys  as 
aforesaid,  is  guilty  of  a  misdemeanor. 

Sec.  41.  It  shall  be  unlawful  for  any  person,  di- 
rectly or  indirectly,  by  himself,  or  any  other  per- 
son in  liis  behalf,  to  malve  use  of,  or  threaten  to 
make  use  of,  any  force,  violence,  or  restraint,  or 
to  inflict  or  threaten  the  infliction,  by  himself,  or 
through  any  other  person,  of  any  injury,  damage, 
harm,  or  loss,  or  in  any  manner  to  practice  in- 
timidation upon  or  against  any  person,  in  order  to 
induce  or  compel  such  person  to  vote  or  refrain 
from  voting  at  any  election,  or  to  vote  or  refrain 
from  voting  for  any  particular  person  or  persons 
at  any  election,  or  on  account  of  such  person  or 
persons  at  any  election,  or  on  account  of  such 
person  having  voted  or  refrained  from  voting  at 
any  election.  And  it  shall  be  unlawful  for  any 
person,  by  abduction,  duress,  or  any  forcible  or 
fraudulent  device  or  contrivance  whatever,  to  im- 
pede, prevent,  or  otherwise  interfere  with  the  free 
exercise  of  the  elective  franchise  by  any  voter,  or 
to  compel,  induce,  or  prevail  upon  any  voter  either 
to  give  or  refrain  from  giving  his  vote  at  any  elec- 
tion, or  to  give  or  refrain  from  giving  his  vote 
for  any  particular  person  or  persons  at  any  elec- 
tion. It  shall  not  be  lawful  for  any  employer,  in 
paying  his  employees  the  salary  or  wages  due 
tliem,  to  inclose  their  pay  in  "pay-envelopes"  up- 
on which  there  is  written  or  printed  the  name  of 
any  candidate,  or  any  political  mottoes,  devices, 
or  arguments  containing  threats,  express  or  im- 
plied, intended  or  calculated  to  influence  the  polit- 
ical opinions  or  actions  of  such  employees.  Nor 
shall  it  be  lawful  for  any  employer,  within  ninety 
days  of  an  election,  to  put  up  or  otlierwise  exhibit 


984  Appendix. 

in  liis  factory,  worksliop,  or  other  establistiment 
or  place  where  his  worlvmen  or  employees  may 
be  working,  any  handbill,  or  placard  containing 
any  threat,  notice,  or  information,  that  in  case 
any  particular  ticket  of  a  political  party,  or  or- 
ganization, or  candidate  shall  be  elected,  work 
in  his  place  or  establishment  will  cease,  in  whole 
or  in  part,  or  his  place  or  establishment  be  closed 
up,  or  the  salaries  or  wages  of  his  workmen  or 
employees  be  reduced,  or  other  threats,  express 
or  implied,  intended  or  calculated  to  influence  the 
political  opinions  or  actions  of  his  workmen  or 
employees.  This  section  shall  apply  to  corpora- 
tions as  well  as  individuals,  and  any  person  or 
corporation  violating  the  provisions  of  this  sec- 
tion is  guilty  of  a  misdemeanor,  and  any  corpora- 
tion violating  this  section  shall  forfeit  its  charter. 

Sec.  42.  Every  inspector,  judge,  or  clerk  of  an 
election  who,  previous  to  putting  the  ballot  of  an 
elector  in  the  ballot-box,  attempts  to  find  out  any 
name  on  such  ballot,  or  who  opens  or  suffers  the 
folded  ballot  of  any  elector  which  has  been 
handed  in  to  be  opened  or  examined  previous  to 
putting  the  same  into  the  ballot-box,  or  who 
makes  or  places  any  mark  or  device  on  any  folded 
ballot  with  the  view  to  ascertain  the  name  of  any 
person  for  whom  the  elector  has  voted,  or  who, 
without  the  consent  of  the  elector,  discloses  the 
name  of  any  person  which  such  inspector,  judge, 
or  clerk  has  fraudulently  or  illegally  discovered 
to  have  been  voted  for  by  such  elector,  is  pun- 
ishable by  fine  not  less  than  fifty  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days  or  more 
than  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  43.  Other  crimes  against  the  elective  fran- 
chise are  defined,  and  the  punishment  thereof  pre- 
scribed, by  the  Penal  Code  relating  to  the  subject, 
and  by  special  statutes. 

Sec.  44.  All  acts  or  parts  of  acts  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

Sec.  45.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


Appendix.  985 


An  Act  concerning  special  elections. 
[Approved  February  9,  1878;  1877-8,  78. J 

Ward  registers  to  be  used. 

Section  1.  At  any  special  election  to  be  held  in 
any  county,  except  in  the  city  and  county  of  San 
Francisco,  copies  of  the  great  register  of  such 
county,  and  in  the  city  and  county  of  San  Fran- 
cisco copies  of  the  ward  registers  of  said  city  and 
county,  which  were  printed  before  and  used  at 
the  next  preceding  general  election  shall  be  used. 
Board  of  supervisors  to  furnish  registers. 

Sec.  2.  Before  the  day  on  which  said  special 
election  is  appointed  to  be  held,  the  board  of  su- 
pervisors of  the  county,  except  the  city  and  coun- 
ty of  San  Francisco,  must"  furnish  the  board  of 
election  of  each  precinct  in  the  county  at  least 
one  copy  of  the  aforesaid  printed  great  register; 
and  the  board  of  supervisors  of  the  city  and  coun- 
ty of  San  Francisco  must  furnish  the  board  of 
election  of  each  precinct  in  the  county  at  least 
one  copy  of  the  ward  register  of  the  ward  in 
which  the  precinct  is  located.  If  the  board  can- 
not otherwise  obtain  a  sufficient  number  of  copies 
of  the  register  for  the  purpose,  it  must  talie  the 
copies  filed  in  the  office  of  the  county  clerli,  in 
pursuance  of  section  twelve  hundred  and  sixty- 
eight  of  the  Political  Code. 
Letter  "V"  to  be  used. 

Sec.  3.  If  the  copy  of  the  register  which  shall 
be  furnished  to  any  precinct  shall  have  been  used 
at  a  previous  election,  the  letter  "V"  may  be  us- 
ed instead  of  the  word  "Voted,"  as  required  by 
section  twelve  hundred  and  twenty-eight  of  the 
Political  Code. 
Posting  copies  of  great  register. 

Sec.  4.    It  shall  not  be  the  duty  of  the  board  of 
election  to  post  copies  of  the  great  register,  as  re- 
quired by  section  eleven  hundred  and  forty-nine 
of  the  Political  Code. 
Voter  not  required  to  give  number. 

Sec.  5.    The  voter,  when  he  offers  his  ballot  at 
a  polling  place,  shall  not  be  required  to  announce 
his  number  on  the  great  register,  as  provided  for 
Pol.  Code— 83. 


986  Appendix. 

in  section  twelve  hundred  and  twenty-five  of  tlie 
Political  Code. 
Sec.  6.    This  act  shall  take  effect  immediately. 


An  act  providing  for  general  primary  elections 
within  the  state  of  California,  and  to  promote 
the  purity  thereof  by  regulating  the  conduct 
thereof,  and  to  support  the  privileges  of  free 
suffrage  thereat,  by  prohibiting  certain  acts 
and  practices  in  relation  thereto,  and  provid- 
ing for  the  punishment  thereof,  and  for  other 
purposes. 

[Stat,  approved  March  13,  1897;  Stats.  1897,  chap, 
cvi.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  All  primary  elections  held  within 
this  state  for  the  nomination  of  any  candidate  for 
a  state  or  district  office,  member  of  congress, 
members  of  the  legislature,  city,  city  and  county, 
county,  or  town  officers,  or  for  the  election  of  del- 
egates to  a  convention  for  the  purpose  of  making 
such  nominations,  shall  be  held  under  the  provis- 
ions of  this  act.  A  convention  to  nominate  can- 
didates to  be  voted  for  by  the  electors  of  the  en- 
tire state  shall  be  known  as  a  "state  convention." 
Conventions  to  nominate  representatives  in  con- 
gress, members  of  the  board  of  equalization,  or 
railroad  commissioners,  shall  be  known  as  "dis- 
trict conventions."  AH  other  conventions  shall  be 
known  as  "local  conventions." 

Sec.  2.  All  primary  elections  shall  be  held  in 
this  state  at  the  times  hereinafter  specified  and 
not  otherwise.  In  years  when  by  law  electors  of 
President  and  Vice  President  are  to  be  voted  for, 
a  state  convention  to  select  delegates  to  a  national 
convention  to  select  candidates  for  President  and 
Vice  I'resident,  which  state  convention  shall  have 
power  at  its  option  to  divide  itself  into  a  district 
convention,  or  district  conventions,  to  nominate 
candidates  for  congress,  or  other  district  nom- 
inees, shall  be  composed  of  delegates  selected  pur- 
suant to  the  provisions  of  this  act.  at  a  general 
primary  election  to  be  held  for  such  purpose  up- 
on the  last  Tuesday  of  March  in  each  such  year. 
A  general  primary  election  for  the  election  of  del- 


Appendix.  987 

egates  to  the  state  and  district  conventions  in  the 
year  eighteen  hundred  and  ninety-eight,  for  the 
purpose  of  nominating  candidates  for  office  to  be 
voted  for  at  the  next  ensuing  general  election, 
shall  be  held  on  the  second  Tuesday  in  the  month 
of  July  in  that  year,  and  every  four  years  there- 
after on  the  same  day.  It  shall  be  the  duty  of 
the  board  of  election  commissioners  of  each  re- 
spective county,  or  city  and  county,  by  resolution, 
to  prescribe  and  designate  a  day,  or  days,  upon 
which  a  primary  election,  or  primary  elections,  for 
delegates  to  a  county,  or  city  and  county,  or  city, 
or  other  local  convention,  for  the  purpose  of  nom- 
inating county,  or  city  and  county,  or  city,  or  oth- 
er local  officers,  may  be  held,  and  each  of  said 
boards  shall  have  the  power  to  prescribe  that  sep- 
arate primary  elections  shaU  be  held  for  the  elec- 
tion of  delegates  to  a  county,  city,  city  and  coun- 
ty, or  other  local  convention,  and  for  the  election 
of  delegates  to  a  city  or  various  city  conventions 
for  the  nomination  of  city  officers,  or  may  pre- 
scribe that  both  sets  of  delegates  shall  be  elected 
at  the  same  primary  election.  Such  resolution 
must  be  made  by  said  board  at  least  sixty  (60) 
days  prior  to  the  day  named  by  said  board  or 
fixed  by  law  for  any  election  of  any  public  offi- 
cer or  officers,  and  notice  thereof  shall  be  pub- 
lished for  at  least  five  successive  days  in  one  daily 
newspaper  of  general  circulation,  published  in  the 
county,  or  city  and  county. 

Sec.  3.  All  political  parties  or  organizations  of 
electors,  desiring  to  hold  a  convention  or  conven- 
tions for  the  purpose  of  nominating  candidates  for 
public  office,  to  be  voted  for  at  any  election, 
whether  city,  county,  city  and  county,  or  state, 
must  petition  the  boards  of  election  commission- 
ers of  each  respective  county,  or  city  and  countj', 
in  writing,  at  least  twenty  days  before  the  day 
for  such  primary  election,  which  day,  unless  de- 
termined herein  by  law,  must  be  the  day  by  res- 
olution fixed  by  the  board  of  election  commis- 
sioners, as  hereinbefore  provided,  and  which  pe- 
tition must  set  forth: 

First— The  name  by  which  such  political  party 
or  organization  is  Icnown,  or  desires  to  be  Ijnown. 

Second— That  such  political  party  or  organiza- 
tion is  desirous  of  and  intends  to  hold  a  conven- 
tion, or  conventions,     of     delegates     representing 


988  Appendix. 

said  party  or  organization — designating  tlie  gen- 
eral time  and  place  of  holding  any  such  conven- 
tion, or  conventions— for  the  purpose  of  nominat- 
ing candidates  for  offices  to  be  voted  for  by  the 
people  of  the  state,  or  city,  or  county,  or  city  and 
county,  or  both,  or  all,  at  the  next  ensuing  elec- 
tion, and  is  desirous  of  electing  delegates  to  such 
convention,  or  conventions,  to  be  held  for  that 
purpose,  under  the  provisions  of  this  act,  and  re- 
questing that  the  board  of  election  commissioners 
of  the  county,  or  city  and  county,  perform  the  ser- 
vices hereinafter  prescribed  in  this  act.  If  such 
political  party  is  one  which  by  reason  of  its  pi'e- 
vious  vote  is  entitled  to  hold  a  convention  de- 
fined by  sections  eleven  hundred  and  eighty-six 
and  eleven  hundred  and  eighty-seven  of  the  Po- 
litical Code,  such  petition  must  be  authenticated 
by  the  signature  of  tlie  chairman  and  secretary 
of  the  committee  of  tlie  party  or  organization  for 
the  respective  district  or  tenitory  throughout 
Avhich  the  primaries  and  election  are  sought  to  be 
held,  which  committee  sliall  have  been  selected 
at  the  last  convention  of  tlie  party  or  organization 
for  sucli  territory,  or  elected  or  appointed  in  the 
method  or  manner  required  by  law.  That  is  to 
say,  if  a  primary  election  is  desired  throughout 
tlie  state  for  the  selection  of  delegates  to  a  state 
convention,  then  tlie  petition  must  be  authenti- 
cated by  the  chairman  and  secretary  of  the  state 
committee;  if  for  a  district  convention,  then  by 
the  chairman  and  secretary  of  the  district  com- 
mittee; or.  if  there  be  no  district  committee,  then 
by  the  state  committee;  if  for  a  county,  or  city 
and  county  convention,  then  V)y  the  county,  or  city 
and  county  committee,  and  if  for  a  city  or  other  lo- 
cal convention,  then  by  tlie  chairman  and  secre- 
tary of  tlie  city  committee  or  local  committee,  if 
any,  and  verified  by  the  oath  of  sucli  signers  that 
the  facts  therein  stated  are  true,  and  that  the  said 
signers  are  the  chairman  and  secretary  of  said 
committee,  respectively.  No  political  party  or  or- 
ganization can  use  the  name  of  another  ]3olitical 
party  or  organization,  or  any  name  or  designa- 
tion so  similar  to  another  party  name  that  it  may 
deceive  voters. 

Sec.  4.  Any  political  party  or  political  organ- 
ization whicli.  at  the  last  election  precediut;-  tin- 
filing  of  such  application,  shall  not  have  polled  at 


Appendix.  989 

least  three  per  cent  of  the  entire  vote  cast  in  the 
political  division  for  which  nominations  are  sought 
to  be  made,  may  file  not  less  than  twenty  days 
prior  to  the  time  set  for  any  primary  election  with 
the  election  commissioners  of  the  county,  or  city 
and  county  in  which  such  primary  election  is  to 
be  held  a  petition  signed  by  at  least  three  per 
cent  of  the  voters  at  such  last  election  of  the  po- 
litical division  for  which  nominations  are  sought 
to  be  made,  which  need  not  all  be  on  one  paper, 
which  petition  shall  set  out  all  facts  required  to 
be  set  forth  in  the  application  in  this  act  provided 
for,  and  which  petition  shall  further  set  forth  that 
the  persons  signing  the  same  are  members  of  such 
political  organization,  and  intend  to  support  can- 
didates for  election  as  delegates  to  the  convention 
for  their  respective  political  organization,  and 
such  petition  must  be  verified  in  the  same  manner 
as  re<iuired  for  a  certificate  of  nomination  men- 
tioned in  section  eleven  hundred  and  eighty-eight 
of  the  Political  Code.  Upon  the  filing  of  sucn 
petition,  within  said  time,  the  election  commis- 
sioners of  the  county,  or  city  and  county  in  which 
said  primary  elections  are  to  be  held,  shall  order 
its  clerk  to  issue  to  said  political  organization  a 
certificate  similar  to  that  in  this  act  provided  to  be 
issued  to  existing  political  parties,  which  certifi- 
cates shall  entitle  the  petitioners  to  participate  in 
the  said  primary  election,  and  shall  entitle  them 
to  all  privileges  and  rights  secured  and  granted 
to  other  political  parties  heretofore  existing,  both 
at  said  primary  election  and  at  the  ensuing  elec- 
tion; that  is  to  say,  having  complied  witli  all  the 
requirements  in  tiiis  act  provided,  the  petitioners 
shall  be  recognized  as  a  political  party  or  organi- 
zation. Such  certificate  shall  be  issued  to  all  par- 
ties petitioning,  stating  the  name  of  the  party, 
the  date  of  the  primary,  the  territory  over  which 
it  will  extend,  and  be  signed  by  the  clerk  of  such 
lioard. 

Sec.  5.  During  the  month  of  January  of  each 
year  in  which  a  general  election  is  to  be  held,  it 
shall  be  the  duty  of  tlie  board  of  election  commis- 
sioners of  each  county,  or  city  and  county,  to  se- 
lect from  the  precinct  registers  of  the  county,  or 
city,  or  city  and  county,  the  names  of  not  less 
than  fifteen  electors  residing  in  each  election  pre- 
cinct of  such  county,  or  city,  or  city  and  county. 


990  Appendix. 

such  selection  to  be  made  from  each  of  the  politi- 
cal parties  then  existing  in  as  nearly  an  equal  pro- 
I^ortion  as  practicable,  and  to  write  the  name  of 
each  person  so  selected  on  a  separate  piece  of 
paper,  and  to  fold  said  paper  so  that  the  name 
written  thereon  cannot  be  seen  or  i-ead  without 
unfolding  tlie  same;  and  when  the  names  are  so 
written  and  folded,  to  put  all  of  the  names  so  se- 
lected from  each  separate  election  precinct  in  an 
envelope,  then  to  close  and  securely  seal  such  en- 
velope, and  to  write  the  name  and  number  of  the 
precinct  from  which  such  selection  was  made  on 
the  outside  of  sucli  envelope,  and  when  the  names 
so  selected  from  each  election  precinct  in  such 
county,  or  city,  or  city  and  county,  shall  have  been 
so  placed  in  separate  precinct  envelopes,  and  each 
sealed  and  numbered  so  as  to  designate  the  pre- 
cinct from  which  each  selection  was  so  made, 
then  all  of  the  said  envelopes  so  marked  and 
sealed  shall  be  placed  in  a  box,  to  be  provided  by 
each  board  of  election  commissioners,  for  that 
purpose,  and  such  box  shall  tlien  be  securely  lock- 
ed and  sealed  and  safely  kept  by  said  board  of 
election  commissioners  until  required  by  them  for 
use.  as  hereinafter  provided.  The  names  so  se- 
lected shall  be  forthwith  recorded  in  a  book  for 
that  pui'pose  by  the  clerk  of  the  board  of  election 
commissioners,  which  book  must  be  kept  open  at 
all  times  to  piiblic  inspection. 

Sec.  6.  Twenty  days  before  the  holding  of  any 
primary  election,  the  said  board  of  election  com- 
missioners shall  open  the  said  box  in  the  presence 
of  a  majority  of  said  board,  and  in  the  presence  of 
such  of  the  members  of  the  various  political  par- 
ties as  may  be  present  to  witness  the  same,  and 
shall  then  talce  from  said  box  the  said  envelopes, 
one  at  a  time,  and  as  each  envelope  is  taken  from 
the  box  it  shall  be  opened  and  the  names  therein 
contained,  without  being  unfolded,  shall  be  placed 
in  a  separate  box  suitable  for  the  purpose:  and. 
after  being  thoroughly  shaken,  the  clerk  of  said 
board,  in  the  presence  of  tlie  board,  shall  draw 
from  said  box  the  name  of  one  person,  who  shall 
be  the  inspector  of  the  primary  election  in  such 
precinct:  said  clerk  shall  then  draw  from  said  box 
the  names  of  two  persons,  who  shall  be  the  judges 
of  such  primary  election  in  said  precinct;  and  the 


Appendix.  991 

clerk  shall  then  draw  from  said  box  the  names 
of  two  other  persons,  who  shall  be  the  clerlis  of 
such  primary  election;  provided,  that  if  the  two 
persons  whose  names  are  drawn  for  judges  shall 
both  belong  to  one  political  party,  the  cleric  of  said 
board  shall  lay  aside  the  last  name  so  drawn  for 
a  judge,  and  draw  other  names  from  such  box  un- 
til only  one  of  the  judges  so  selected  shall  belong 
to  the  same  political  party;  and  further  provided, 
that  if  Tlae  two  persons  whose  names  are  drawn 
for  clerks  shall  both  belong  to  one  political  party, 
the  clerk  of  said  board  sliall  lay  aside  the  last 
name  so  drawn  for  a  clerk,  and  draw  other 
names  from  such  box  until  only  one  of  the  clerks 
so  selected  shall  belong  to  the  same  political  party; 
and  the  same  course  shall  be  pursued  in  each  pre- 
cinct until  the  election  officers  are  selected  in  each 
precinct  in  such  city,  county^  or  city  and  county. 
Should  all  the  names  be  drawn  from  said  box  and 
not  a  sufficient  number  of  election  officers  be  se- 
lected in  accordance  with  the  rules  hereinbefore 
provided,  the  said  board  of  election  commissioners 
must  select  and  deposit  more  names  in  the  box, 
and  continue  to  draw  therefrom  until  all  the  elec- 
tion officers  are  selected;  provided,  that  sucli  sub- 
sequent selection  shall  be  made  from  the  electors 
of  the  precinct  in  the  same  manner  as  those  first 
selected,  as  provided  for  in  section  four  of  this  act. 
If  any  person  whose  name  should  be  thus  drawn 
as  an  officer  to  serve  at  any  primary  election 
should  have  died,  or  at  the  time  his  name  is  so 
drawn  should  have  actually  changed  his  residence 
and  be.  at  the  time  of  such  drawing,  an  actual, 
bona  fide  resident  of  a  place  not  included  within 
tlae  exterior  boundaries  of  the  precinct  as  deter- 
mined for  such  primary  election,  or  should  at 
such  time  be  absent  from  the  state,  the  clerk  of 
said  board  shall  lay  aside  his  name  so  drawn  and 
draw  the  name  of  another  person  to  serve  as  an 
officer  in  his  place  and  stead.  If  any  person  whose 
name  shall  be  drawn  as  herein  provided,  should 
have  been  drawn  as  a  precinct  election  officer  for 
any  other  primary  election  held  in  the  same  year, 
he  shall,  on  demand,  made  within  five  days  after 
receiving  notice  of  his  selection  as  an  otficer,  be 
entitled  to  be  excused  from  further  service  for 
such  year,  and  another  name  shall  be  drawn  from 


992  Appendix. 

said  box,  subject  to  the  above  provisions,  as  here- 
in provided.  If  a  precinct  as  laid  down  and  de- 
termined for  a  primary  election  should  include 
more  than  one  election  precinct  as  the  same  ex- 
isted at  the  last  election,  then  the  names  of  per- 
sons for  ofhcers  to  serve  at  such  primary  election 
precinct  shall  be  drawn  as  above  provided,  ex- 
cept that  the  clerk  of  the  board  of  election  com- 
missioners shall  at  the  same  time  place  in  the  box 
in  this  section  provided  for,  the  names  selected  as 
hereinbefore  proA'ided,  for  each  and  all  of  said 
election  precincts  which  shall  be  included 
in  said  primary  election  precinct,  and  if 
only  a  portion  of  an  election  precinct  is  so  includ- 
ed in  a  primary  election  precinct,  then  he  shall 
place  in  the  box,  in  this  section  provided  for,  sucli 
a  proportion  of  the  names  selected,  as  hereinbe- 
fore provided,  for  such  election  precinct,  as  the 
portion  of  the  election  precinct  included  within  the 
limits  of  the  primary  election  precinct  bears  to  the 
whole  election  precinct,  and  shall  then  draw  the 
precinct  primary  election  officers  therefrom.  The 
said  board  of  election  commissioners,  after  the 
final  selection  of  officers  for  each  primary  election 
precinct,  shall  return  the  said  names  of  said  elec- 
tors to  their  respective  envelopes,  and  safely  keep 
the  same  until  required  for  some  other  primary 
election. 

Sec.  7.  It  shall  be  the  duty  of  the  clerk  of  the 
board  of  election  commissioners  to  publish,  in 
some  newspaper  printed  in  the  city,  county,  or 
city  and  county,  of  general  circulation,  for  two 
successive  publications,  at  least  fifteen  days  prior 
to  the  date  of  any  primary  election,  a  general 
statement  informing  voters  of  the  holding  of  such 
primary  election,  the  names  of  the  political  par- 
ties or  oi'ganizatious  participating  tlierein,  and  the 
officers  for  Avhich  nominations  are  to  be  made  at 
ensuing  conventions,  the  names  of  the  persons  se- 
lected as  precinct  and  election  officers,  Avith  the 
names  of  the  precincts  in  which  they  severally  are 
to  serve,  and  the  location  of  the  polling  places.  He 
shall  also  send  a  communication  to  each  person 
so  chosen  as  aforesaid  as  an  officer  of  such  pri- 
mary election,  through  the  mail,  by  registered  let- 
ter, postpaid,  to  his  post  office  address,  informing 
him  of  his  selection,  and  of  the  precinct,  and  the 
capacity   in  which  he  is  to  serve.     The     county 


Appendix.  993 

clerk,  or  other  officer  acting  as  tlie  secretary  of  the 
board  of  election  commissioners,  shall,  at  the  time 
he  mails  the  notification  of  the  appointment,  also 
inclose  a  form  of  oath  to  the  person  appointed  as 
election  officer,  and  also  a  copy  of  section  eight 
of  this  act.  with  the  direction  that  the  person  re- 
ceiving said  notification  of  appointment  may  take 
the  oath  before  any  officer  or  notary  public  au- 
thorized to  administer  oaths,  and  immediately  re- 
turn by  registered  mail  such  acknowledgment  to 
the  county  clerk  or  secretary  of  the  board  of  elec- 
tion commissioners.  The  person  so  appointed 
must  thereupon  go  before  any  person  authorized 
to  administer  oaths,  and  take  the  oath  of  office, 
and  mail  the  same  to  the  county  clerk  or  secretary 
of  the  board  of  election  commissioners. 

Sec.  8.  It  shall  be  the  duty,  of  every  person  so 
chosen  to  act  as  such  election  officer  at  such  pri- 
mary election,  whether  for  delegates  for  a  city, 
county,  city  and  county,  district,  or  general  con- 
vention, to  perform  the  services  required  of  him  in 
such  capacity:  and  any  person  so  chosen  to  act 
who  shall,  without  having  been  excused  there- 
from by  the  board  of  election  commissioners  for 
sickness  of  self  or  family,  or  other  good  cause, 
fail  or  refuse  to  act  in  the  capacity  for  which  he 
is  chosen,  shall  be  deemed  guilty  of  a  misdemean- 
or, and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  tliau  twenty-five  dollars,  and 
not  more  than  two  hundred  dollars,  or  by  impris- 
onment for  not  less  than  five  days  nor  more  than 
twenty  days,  or  by  both  said  fine  and  imprison- 
ment; and  in  case  he  is  so  excused,  the  clerk  in 
the  presence  of  the  board  shall  select  another  per- 
son from  said  box  to  serve  in  his  place,  subject  to 
the  same  rules  and  conditions  as  above  set  forth. 
It  shall  be  the  duty  of  each  of  the  persons  so 
chosen  to  appear  at  the  polling  places  in  the  pre- 
cinct for  which  he  is  chosen,  before  the  time  of 
opening  the  polls,  and  there  take  the  oath  of  office, 
as  prescribed  in  the  general  election  law,  and  per- 
form the  duties  imposed  upon  him  by  the  pro- 
visions of  this  act,  without  any  compensation 
whatever.  But  in  case  of  the  failui*e  of  any  of 
the  election  officers  so  selected  to  appear  at  the 
time  the  polls  should  be  opened,  or  Avithin  ten  min- 
utes thereafter,  the  election  officers  present  must 
choose  some  resident  elector  of  the  precinct  to  fill 


994  Appendix. 

the  vacancy.  All  persons  serving  as  officers  of 
election  at  a  primary  election  held  under  the  pro- 
visions of  this  act,  shall  be  exempt  from  jury  duty 
for  the  term  of  one  year  thereafter,  and  such 
person  shall  receive  from  the  board  of  election 
commissioners  of  the  county,  or  city,  or  city  and 
county,  in  which  such  service  is  rendered,  a  certi- 
ficate setting  forth  the  fact  of  such  service  as  an 
officer  of  a  primary  election,  stating  the  time  of 
such  service;  and  sucli  certificate,  on  being  pre- 
sented to  a  court  in  which  such  election  officer  has 
been  summoned  to  appear  as  a  juror,  shall  be 
deemed  sufficient  to  excuse  the  person  named 
therein  from  service  as  a  juror  at  any  time  with- 
in one  year  from  the  date  of  service  named  in 
such  certificate. 

Sec.  9.  Where  a  convention  is  desired  for  the 
nomination  of  city  or  town  officers  only,  then 
the  board  of  election  commissioners  shall  have 
the  same  duties  and  powers  in  regard  to  the  pri- 
mary election  thereto  as  they  have  where  county, 
or  city  and  county  officers  are  to  be  nominated. 
When  such  city  officers  are  to  be  nominated,  then 
the  board  of  election  commissioners  shall  recog- 
nize the  governing  committees  of  political  parties 
or  organizations  of  such  cities  and  petitions  filed 
by   voters  residing  therein. 

Sec.  10.  W^ithin  ten  days  after  the  election  com- 
missioners have  issued  the  call  for  any  primary 
election  under  the  provisions  of  this  act,  the  state. 
city,  county,  or  city  and  county  central  commit- 
tee, or  other  governing  authority  of  any  political 
party  or  organization  desiring  to  secure  a  place 
otherwise  than  by  petition,  for  the  nominees  of 
such  party  on  the  official  ballots,  to  be  voted  at 
the  election  for  public  officers,  shall  publish  a 
notice  calling  a  convention  or  conventions  of  the 
party  represented  by  said  central  committee  or 
other  governing  authority,  stating  the  place  where 
and  the  time  when,  which  must  not  be  less  than 
seven  days  subsequent  to  the  primai-y  election, 
such  conventions  will  meet,  the  apportionment  of 
delegates  therefor,  and  the  officers  for  Avhich 
nominations  are  to  be  made.  Such  notice  for  each 
convention  shall  be  published  five  successive 
times  in  daily  newspapers  of  general  circulation, 
as  folloAvs,  viz.:  For  a  state  convention,  in  at 
least  one  daily  newspaper  published  in  the  city 


Appendix.  99E 

and  county  of  San  Francisco,  one  published  in 
tlie  city  of  Sacramento,  and  one  publislied  in  the 
city  of  I^os  Angeles;  for  a  district  convention,  in 
one  newspaper  published  in  each  county  or  por- 
tion of  a  county  included  in  the  exterior  bounda- 
ries of  such  district  for  which  the  convention  is  to 
be  held,  and  if  no  newspaper  be  published  in  the 
portion  of  any  county  included  in  any  such  dis- 
trict, then  in  any  neAvspaper  in  such  county;  for 
a  local  convention,  in  one  newspaper  published  in 
the  county,  city  and  county,  or  city  where  the 
primary  election  is  to  be  held. 

Sec.  11.  The  county,  city  and  county,  or  city 
committees  of  any  political  party  shall  apportion 
the  respective  territory  over  which  they  have  ju- 
risdiction into  precincts  or  combinations  of  con- 
tiguous pi'ecincts  not  embracing  more  than  one 
assembly  district,  and  may  provide  in  its  appor- 
tionment or  call  for  the  election  of  two  sets  of 
delegates,  one  of  wliich  shall  be  delegates  to  a 
county,  or  city  and  county  convention  for  the  se- 
lection of  delegates  to  a  state  or  district  conven- 
tion, or  both,  and  the  other  to  a  city,  county,  or 
city  and  county  convention  for  the  nomination  of 
county,  or  city  and  county,  or  otlier  officers;  may 
provide  that  one  set  of  delegates  shall  perform 
both  functions;  may  apportion  their  counties  into 
districts  for  the  election  direct  of  delegates  to  a 
state  or  district  convention,  or  both,  and  provide 
for  the  number  of  delegates  to  be  elected  from 
each  precinct;  may  provide  for  a  county  or  other 
local  convention,  or  by  subdivision  of  a  county, 
city  and  county,  or  city,  into  as  many  parts,  not 
smaller  than  a  precinct,  as  there  are  deleg'ates,  to 
elect  to  a  congressional  district  convention,  rail- 
road district  convention,  equalization  district  con- 
vention, or  senatorial  or  assembly  district  con- 
vention embracing  more  than  one  county;  may 
provide  that  such  delegates  to  a  convention  shall 
be  delegates  to  all  such  other  conventions,  or  to 
such  number  thereof  as  may  be  designated.  When 
a  state  or  district  convention,  or  both,  or  all. 
shall  have  been  called  by  the  state  central  com- 
mittee, or  other  governing  body  of  any  political 
party,  and  the  delegates  thereto  shall  have  been 
apportioned  among  the  various  counties,  or  cities 
and  counties  of  the  state,  by  such  governing  body. 


996  Appendix. 

which  it  is  hereby  authorized  to  do,  the  county 
committee  of  sucli  political  party,  or  other  goveru- 
iug  bodies  having  jurisdiction  and  control  through- 
out the  limits  of  the  respective  counties,  or  any 
city  and  county,  shall  have  the  power  to,  and 
shall  apportion  the  number  of  delegates  allotted  to 
each  county,  or  city  and  county,  by  the  said  state 
or  proper  committee,  among  the  different  pi'e- 
cincts  of  said  county,  or  city  and  county,  as  it 
may  see  fit,  subject,  however,  to  the  provisions  of 
this  act. 

Sec.  12.  No  person  shall  be  allowed  to  hold 
more  than  one  proxy  at  any  convention  authorized 
by  law  to  certify  nominations  for  office  on  an  offi- 
cial ballot  for  election  in  this  state. 

Sec.  13.    Ballots,  other  than  those  provided  ac- 
cording to  the  provisions  of  this  act,  shall  not  be 
cast  or  counted  at  any  primary  election,  and  no  | 
nominations  (except  for  presidential  electors  and  j 
nominations  for  vacancies  at  special  elections)  by  [ 
any  political  convention,  shall  be  printed  on  any 
official   ballot,   unless   such   convention   is   consti- 
tuted in  accordance  with  the  provisions  of  this 
act. 

Sec.  14.    It  shall  be  the  duty  of  the  board  of 
election  commissioners  of  the  county,  or  city  and 
county,  to  furnish  ballot  boxes  for  each  precinct 
where  such  primary  is  to  be  held,  of  the  same 
general  kind  and  character  which  were  required 
to  be  used  at  the  general  election  held   in  this 
state   in  the  year  eighteen  hundred   and   ninety, 
and  there  must  be  furnished  as  many  separate  bal- 
lot boxes  at  each  precinct  as  there  are  parties  or  > 
organizations    entitled    by    law    to   participate   in  ' 
such  primary.     Each  such  ballot  box  must  have,  , 
in  distinct  letters  and  words,  upon  the  front  of  i 
such   box,   the  name  of     the  respective  political  I 
party  or  organization  for  whose  use  it  is  intend- 
ed.   All  the  ballot  boxes  must  be  placed  in  a  row, 
side  by  side,  fronting  so  that  the  front  of  each  box 
shall  be  in  the  same  direction,  and  be  where  the 
voters  can  easily  approach  such  boxes  and  pre- 
sent their  ballots,   and   the   said  party  name  on 
each  box  must  be  on  the  front  of  each,  so  as  to  be 
easily  seen  and  distinguished  by  any  voter  within 
six  feet  of  such  box.     Every  person  desiring  to 
vote  at  such  primary  must  deposit  one  ballot  only, 


J 


Appendix.  997 

upon  which  must  be  the  names  of  all  delegates 
for  whom  he  desires  to  vote;  and  it  shall  be  the 
duty  of  the  clerk  of  the  board  of  election  com- 
missioners of  the  county,  or  city  and  county  in 
which  said  primary  election  is  to  be  held,  to  desig- 
nate in  the  certificate  which  is  in  this  act  provided 
to  be  furnished  to  political  parties,  the  color  or 
combination  of  colors  of  the  paper  upon  which 
the  ballots  are  to  be  printed,  and  there  shall  be 
so  designated  for  each  political  party  participat- 
ing in  said  primary  election,  a  color  or  combina- 
tion of  colors,  to  be  by  them  used  for  the  paper 
upon  which  such  ballots  are  to  be  printed,  which 
color  or  combination  of  colors  shall  in  each  case 
be  distinctive  and  easily  distinguishable  from  the 
color  or  combination  of  colors  to  be  used  at  said 
primary  election  by  any  other  political  party;  the 
said  clerk  shall  at  least  ten  days  prior  to  the  date 
of  any  primary  election,  also  procure  to  be  print- 
ed or  otherwise  made,  accurate  samples  of  the 
color  or  combination  of  colors  so  designated  for 
each  political  party,  and  shall  label  each  of  such 
samples  with  the  name  of  the  political  party  for 
which  it  is  designated,  and  shall  deliver  samples, 
so  labeled,  to  each  respective  political  party  for 
which  said  sample  is  designated,  and  to  all  pei*- 
sons  desiring  the  same  in  good  faith,  and  shall 
keep  in  his  ofhce,  at  all  times,  open  to  inspection 
by  any  person,  an  exact  copy  of  each  and  all  of 
said  samples  so  labeled  as  aforesaid;  and  the 
name  or  designation  of  each  political  party  must 
be  plainly  written  or  printed  at  the  head  of  each 
ticket.  The  election  officers  shall  stand  behind 
the  ballot  boxes,  and  as  each  voter  approaches  to 
vote,  when  it  is  ascertained  that  he  is  entitled  to 
vote,  it  shall  be  noted  in  the  register  by  the  clerk, 
in  which  box  he  votes,  by  writing  in  the  register 
opposite  his  name  the  name  on  the  box  in  which 
he  votes,  and  thereupon  his  ballot  shall  be  receiv- 
ed by  the  judge  of  election  or  inspector  and  de- 
posited in  the  ballot  box  named  by  such  voter,  and 
in  no  other,  in  the  presence  of  the  voter;  provided, 
that  no  ballot  shall  be  deposited  in  any  Ibox  unless 
it  is  printed  on  paper  of  the  color,  or  combination 
of  colors,  designated  for  the  particular  party  in 
whose  box  it  is  to  be  placed. 
Pol.  Code— 84. 


998  Appendix. 

Sec.  lo.  There  shall  be  at  least  one  polling  place 
for  the  purpose  of  a  primary  election  for  each 
three  polling  places  provided  for  at  a  general  elec- 
tion; that  is,  a  polling  place  for  at  least  three  pre- 
cincts; and  each  political  party  may  file  with  the 
board  of  election  commissioners  a  list  of  the  pre- 
cincts and  number  and  name  of  street  or  locality 
in  town,  or  township,  where  they  desire  such  poll- 
lug  places,  and  it  shall  be  the  duty  of  the  board 
of  election  commissioners  to  examine  said  lists 
and  decide  which  polling  places  will  be  most  con- 
venient for  the  voters  of  the  precincts,  all  of 
whicli  matters  shall  be  determined  by  the  board  of 
election  commissioners.  The  polls  shall  be  kept 
open  from  seven  o'clock  A.  M.  to  sunset  on  the 
day  of  holding  said  primary  election,  and  shall  be 
at  all  times  kept  open  to  the  public  during  the 
reception  of  ballots,  and  until  the  same  are  count- 
ed, and  the  results  declared.  There  must  be  fur- 
nished by  the  board  of  election  commissioners  to 
the  election  officers  in  eacli  precinct,  for  use  at 
such  primary  election,  a  register,  together  with 
any  supplements  thereto,  containing  the  names 
of  each  person  entitled  to  vote  in  such  precinct 
at  tlie  last  preceding  general  election,  as  shown 
by  the  great  or  precinct  register,  or  both,  and  the 
suppleDients  thereto. 

Sec.  16.  All  registers  and  supplements  thereto, 
used  by  the  officers  conducting  any  primary  elec- 
tion, must  be  forthwith  returned  to  the  county 
clerk,  and  by  him  kept  for  such  use  thereafter  as 
the  board  of  election  commissioners  may  make  of 
them. 

See.  17.  Any  person  voting  at  any  primary  elec- 
tion, on  behalf  of  any  party  or  for  delegates  to 
any  convention  of  a  political  party  or  organization, 
thereby  by  such  act  declares,  as  a  test  of  the  right 
to  so  vote,  a  bona  fide  present  intention  of  sup- 
porting the  nominees  of  such  political  party  or  or- 
ganization at  the  next  ensuing  election;  and  any 
voter  may  be  challenged,  and  his  right  to  so  vote 
may  be  'withheld,  imless  he  will  make  oath  as 
to  the  bona  fide  present  intention  to  support  the 
nominees  of  the  convention  to  which  delegates  are 
so  elected  for  such  political  party  or  organization. 
No  elector  who  votes  at  any  primary  election  for 
the  election  of  delegates  to  any  convention  shall 


I 


Appendix.  999 

sign  any  petition  in  favor  of  or  recommending  for 
nomination  any  person  as  an  independent  candi- 
date for  any  ottice  for  wliich  candidates  were  to 
be,  or  shall  have  been  nominated  at  such  con- 
vention. No  elector  shall  sign  any  petition  for 
any  independent  candidate,  or  candidates,  prior  to 
the  date  set  for  tlae  holding  of  any  primary  elec- 
tion for  the  election  of  delegates  to  any  conven- 
tion for  the  nomination  of  candidates  for  any  office 
for  which  sucli  petition  is  circulated  or  signed. 
The  clerk  or  officer  with  wliom  any  petition  of  any 
independent  candidate  is  filed,  is  authorized  and 
directed  to  strilce  out  or  disregard  the  name  or 
names  of  any  electors  Tvho.  upon  examination  of 
the  voting  registers,  or  otlierwise.  ma.v  be  found 
to  have  signed  such  petition  in  violation  of  tlie 
provisiojis  herein.  Any  elector  or  person  violating 
the  provisions  of  this  section  shall  be  and  hereby 
is  declared  guilty  of  a  misdemeanor. 

Sec.  18.  Before  receiving  any  ballots  the  elec- 
tion officers  must,  in  the  presence  of  any  persons 
assembled  at  each  polling  place,  open  and  see  that 
the  ballot  boxes  are  empty,  and  exhibit,  and 
close  the  ballot  boxes,  and  thereafter  nf)ne  of 
them  must  be  removed  from  the  polling  place  or 
presence  of  the  bystanders  until  all  the  ballots 
are  counted,  nor  must  any  box  be  opened  until 
after  the  polls  are  finally  closed.  Before  the  elec- 
tion officers  receive  any  ballots  they  must  cause 
to  be  proclaimed  aloud  at  the  place  of  such  pri- 
mary election  that  the  polls  are  open,  and  when 
the  polls  are  closed  that  fact  must  be  proclaimed 
aloud  at  the  place  of  such  election:  and  after  such 
last  named  proclamation  no  ballots  must  be  re- 
ceived. Voting  may  commence  as  soon  as  the 
polls  are  opened,  and  may  be  continued  during 
all  the  time  the  polls  remain  open.  The  ballots 
to  be  used  at  every  primary  election  shall  be  of 
the  uniform  width  of  six  inches,  and  before  be- 
ing deposited  in  the  ballot  box  each  ballot  must 
be  folded  at  right  angles  to  its  length,  and  must 
be  so  folded  when  deposited  that  no  person  can 
see  any  name  jjrinted  or  written  thereon.  As  soon 
as  the  polls  are  finally  closed,  tlie  top  or  opening 
of  eacli  ballot  box.  in  which  ballots  were  depos- 
ited, must  1)e  securely  covered  and  sealed  liy  the 
inspector,  and  the  covering  and  seal  must  not  be 


1000  Appendix. 

permitted  to  be  broken  until  the  election  board  is 
ready  to  open  the  box  to  take  out  and  count  the 
ballots.  Only  one  box  shall  be  opened  at  a  time, 
and  after  the  covering  and  sealing  of  the  ballot 
boxes,  the  election  officers  must  immediately  pro- 
ceed to  count  and  canvass  the  votes  given  at  such 
primary  election.  The  canvass  must  be  public, 
in  the  presence  of  the  bystanders,  and  every  polit- 
ical party  shall  be  entitled  to  have  at  least  two  rep- 
resentatives present  during  the  time  the  votes  of 
its  box  nve  being  counted.  The  canvass  must  be 
continued  without  adjournment  until  completed 
and  the  result  thereof  declared;  but  one  box  shall 
be  opened  and  canvassed  at  the  same  time,  and  no 
other  box  shall  be  opened  until  such  box  being 
canvassed  is  completed  and  the  result  written 
out  and  certified  to  and  declared.  Except  as  here- 
in otherwise  provided,  said  votes  shall  be  counted, 
canvassed,  listed,  strung,  numbered,  and  tallied, 
in  the  same  manner  required  by  law  for  the  count- 
ing, canvassing,  listing,  stringing,  numbering,  and 
tallying  of  votes,  at  a  general  election  for  public 
officers,  and  the  tally  lists,  ballots,  and  registers 
and  supplements  must  be  signed,  certified,  made 
up,  sealed,  delivered,  preserved,  and  kept  in  the 
same  manner  as  required  by  law  at  a  general  elec- 
tion for  public  officers.  The  tally  lists  must  be  by 
the  county  clerk  kept  open  to  the  public  inspection 
for  at  least  twenty  days  after  any  primary  elec- 
tion, and  as  long  thereafter  as  ordered  by  the 
board  of  election  commissioners. 

Sec.  19.  Wlien  The  counting  of  ballots  is  com- 
pleted, the  election  officers  shall  forthwith  for- 
ward tlieir  tally  lists  and  ballots  to  the  county 
clerk  or  the  secretary  of  the  board  of  election 
eommissont-rs.  and  sucli  board  shall  meet  there- 
after, and  within  three  days  from  the  date  of  any 
primary  election  canvass  the  returns  and  declare 
the  result  of  said  primary  election,  and  issue  cer- 
tificates of  election  to  the  delegates  elected  to 
the  various  party  conventions.  The  ballots  and 
tally  lists  shall  be,  by  the  precinct  officers,  placed 
in  a  sealed  envelope,  and  on  the  outside  of  the 
envelope  or  envelopes  so  sealed  the  election  offi- 
cers of  each  precinct  shall  write  and  sign  a  cer- 
tificate to  the  effect  that  it  contains  all  the  ballots 
cast  in  such  precinct  and  the  tally  lists  kept  by  the 


Appendix.  1001 

clerks,  Avhlch  envelope  and  envelopes,  together 
with  the  contents,  must  be  delivered  to  the  cus- 
tody of  the  county  clerk  or  the  board  of  election 
commissioners. 

Sec.  20.  The  governing  body  in  the  county,  or 
city  and  county  of  each  political  party  taking  part 
in  such  primary  election,  may  furnish  to  the 
board  of  election  commissioners,  prior  to  or  at  the 
time  of  the  selection  by  the  said  board  of  the  elec- 
tion officers,  the  name  of  an  elector  in  each  pre- 
cinct, whom  such  party  is  desirous  to  have  ap- 
pointed as  general  challenger  for  such  party.  It 
shall  be  the  duty  of  such  board  of  election  com- 
missioners, if  they  find  that  the  person  named  is 
a  resident  of  such  precinct,  and  that  his  name  ap- 
pears on  the  last  precinct  register  of  said  pre- 
cinct, to  appoint  such  person  as  such  challenger, 
and  cause  a  certificate  to  that  effect,  under  its 
seal,  to  issue  to  such  person,  which  the  said  clerk 
shall  transmit  to  such  person,  in  the  same  man- 
ner as  provided  in  this  act  for  transmitting  the 
certificates  to  the  election  officers.  At  any  time 
after  that,  and  not  later  than  the  third  day  before 
the  election,  any  body  of  resident  voters  of  any 
precinct,  not  less  than  the  number  of  delegates  of 
said  party  to  be  elected  in  such  precinct  may  file 
a  petition  with  the  board  of  election  commission- 
ers, setting  forth  that  it  is  their  intention  to  run 
as  candidates  at  such  primary  election,  and  re- 
questing the  appointment  of  some  person  as  a  spe- 
cial challenger  to  act  on  their  behalf,  and  nam- 
ing such  person.  It  shall  thereupon  be  the  duty 
of  said  board  to  ascertain  if  such  person  has  the 
qualifications  hereinbefore  provided,  and  if  so, 
to  appoint  such  person,  and  cause  a  like  certifi- 
cate to  be  issued  to  him.  Such  challengers  shall 
act  without  compensation  when  so  appointed,  and 
shall  be  sworn  the  same  as  an  election  officer,  and 
shall  have  power  to  challenge  the  vote  of  any  per- 
son by  him  believed  to  be  voting  unlawfully,  up- 
on any  ground  mentioned  in  the  general  election 
law,  or  upon  any  ground  mentioned  herein;  and 
such  challengers,  during  the  progress  of  any  such 
primary  election,  shall  be  vested  with  all  the  pow- 
ers of  a  peace  officer;  he  shall  have  free  access  to 
such  polling  place  during  the  election  and  the 
counting  of  the  ballots. 

Sec.  21.    Immediately  upon  the  passage  of  this 


1002  Appendix. 

act  it  shall  be  the  duty  of  the  county  clerks  of  the 
several  counties,  or  any  city  and  county,  to  per- 
emptorily withdraw  from  distribution  a  sufficient 
number  "of  the  copies  of  the  ward,  or  precinct,  or 
township  registers  and  ,the  supplements  thereto, 
in  their  possession  for  use  at  the  primary  elec- 
tions, and  to  carefully  preserve  such  copies  for 
such  use.  The  secretary  of  state  shall  notify  the 
several  county  clerics  of  the  duty  imposed  upon 
them  in  this  respect.  In  printing  registers  for  use 
in  the  general  elections  that  shall  occur  after  the 
passage  of  this  act,  it  shall  be  the  duty  of  the 
board  of  supervisors  of  the  several  counties  to 
print  such  additional  copies  as  may  be  required 
for  use  in  the  primary  elections.  Such  additional 
copies  shall  he  securely  preserved  in  sealed  paclv- 
ages,  marked  in  such  manner  as  to  show  the  pur- 
pose for  wliicli  their  contents  are  to  be  used. 
Electors  removing  from  one  residence  to  another 
in  tlie  same  primary  precinct  sliall  not  thereby  lose 
the  right  to  vote,  but  at  the  time  of  voting  the 
change  of  residence  may  be  interlined  on  the  reg- 
ister. 

Sec.  22.  Any  person  who,  at  any  primary  elec- 
tion, shall  vote  illegally,  or  attempt  so  to  vote, 
sliall  be  sub.iect  to  the  same  punishment  provided 
by  law  in  case  of  such  voting  or  attempting  to 
vote  at  a  general  election  in  this  state.  No  per- 
son sliall  be  allowed  to  vote  whose  name  does  not 
appear  upon  the  great  or  precinct  register  of  the 
count.v,  or  city  and  county,  used  at  the  last  gen- 
eral election  held  before  such  primary  election  in 
the  precinct  in  which  lie  desires  to  vote,  as  a  per- 
son entitled  to  vote  in  such  ])reeinct.  or  unless  his 
name  appears  upon  the  supplements  to  such  great 
or  precinct  registers.  If  the  election  officers  at 
such  primar.v  election  sliall  knowingly  permit  any 
person  to  vote  after  being  challenged^  who  shows, 
by  his  examination,  that  he  is  not  entitled  to  vote, 
they  shall  be  guilt.v  of  a  felony,  and  upon  convic- 
tion thereof  be  imprisoned  in  state  prison  not  less 
than  one  nor  more  than  five  years. 

Sec.  23.  Whenever  an  elector,  since  the  last 
general  election  has  removed  from  one  precinct 
to  another,  Avithin  the  county,  or  city  and  county, 
or  to  another  county  in  the  state,  such  elector 
so  removing  shall  have  the  right  to  apply  to,  and 
receive  from   the     county   clerk  or     reg'istrar  of 


Appendix.  1003 

voters  a  transfer  of  his  registration.  No  certificate 
of  transfer  witliin  tlie  county,  or  city  and  county, 
shall  be  given  the  elector,  but  the  county  clerli  or 
registrar  of  voters  shall  cause  the  name  to  be 
canceled  off  the  precinct  register  from  which  the 
elector  has  removed,  and  shall  thereupon  cause 
such  name  to  be  written  in  upon  the  precinct 
register  to  which  he  has  so  removed,  and  which 
precinct  register  is  to  be  furnished  by  the  county 
clerk  or  registrar,  to  the  precinct  or  other  election 
boards.  Any  native-born  citizen  who,  since  the 
last  general  election,  has  become  of  legal  age,  or 
any  person  who  has  become  naturalized  since  the 
last  general  election,  shall  be  entitled  to  vote  at 
any  primary  election;  providing,  he  has  made  ap- 
plication to  have  his  name  placed  upon  the  pre- 
cinct register  of  the  county'  in  which  he  resides 
and  of  which  he  has  been  a  legal  resident  for  thir- 
ty days  prior  to  any  primary  election. 

See.  24.  Tlie  primary  elections  for  all  political 
parties  or  organizations  witliin  the  state  shall  be 
held  at  the  same  time,  and  at  the  same  several 
respective  places,  under  the  provisions  of  this  act. 
Each  political  party  or  organization  may  deter- 
mine for  himself  liow  many  conventions  it  will 
hold  for  nominating  its  various  candidates;  pro- 
vided, all  candidates  wliich  are  to  be  elected  with- 
in a  given  territory  must  be  nominated  in  the 
same  convention.  Delegates  to  a  state  conven- 
tion may,  at  the  option  of  a  party,  divide  them- 
selves into  di.strict  conventions  to  nominate  mem- 
bers of  congress,  of  the  board  of  equalization,  and 
railroad  commissioners,  respectively,  or  any  party 
may,  at  its  option,  select  separate  delegates  to 
compose  any  or  all  such  district  conventions.  Tlie 
delegates  to  a  city,  county,  or  city  and  county 
convention  must  nominate  all  the  candidates 
which  it  desires  to  name  for  city,  county,  or  city 
and  county  offices,  in  such  city,  county,  or  city 
and  county,  and  any  party  may,  at  its  option, 
nomiuato  candidates  for  state  senator,  or  assem- 
blyman, or  supervisors,  or  justices  of  the  peace, 
or  constable,  or  other  local  officers,  who  are  to  be 
voted  for  in  such  city,  county,  or  city  and  coun- 
ty; or  any  part  of  such  city,  county,  or  city  and 
county;  or  any  party  may,  at  its  option,  select  sep- 
arate delegates  to  compose  any  senatorial,  assem- 
bly,   or   other   local   convention.      Where   any   as- 


1004  Appendix. 

seinbly  or  senatorial  district  is  composed  of  more 
than  one  county,  any  political  party  may  select 
separate  delegates  to  a  separate  convention,  to 
nominate  such  assemblyman  or  senator,  or  it  may, 
at  its  option,  in  any  county  convention  select  joint 
delegates  to  meet  joint  delegates  from  any  other 
part  of  such  senatorial  or  assembly  district  to 
compose  a  convention  to  nominate  such  assembly- 
man or  state  senator. 

Sec.  25.  Any  person  or  combination  of  persons 
desiring  to  circulate  a  ticket  to  be  used  at  a  pri- 
juary  election  for  delegates  sought  to  be  elected  to 
any  convention  or  conventions  of  any  political 
party,  shall  print  and  furnish  the  same  at  their 
own  expense,  and  shall  cause  to  be  printed  or 
written  upon  such  ballots  to  be  used  at  such  pri- 
mary election,  and  upon  paper  of  the  color  or 
combination  of  colors  designated  by  the  board  of 
election  commissioners  as  the  distinctive  color  or 
combination  of  colors  to  be  used  by  such  political 
party  as  provided  for  in  section  fifteen  hereof,  the 
names  of  such  persons  as  are  suggested  as  nom- 
inees for  delegates  to  anj'  convention  or  conven- 
tions, and  may  upon  such  ticlvet  cause  to  be  print- 
ed or  written  different  sets  of  nominees  as  dele- 
gates to  different  conventions;  provided,  that  as 
to  each  separate  set  of  delegates  so  printed  or 
written  upon  such  ballots,  it  shall  be  indicated  and 
plainly  designated  the  convention  to  which  the 
delegates  named  in  such  set  are  sought  to  be  elect- 
ed, and  each  set  of  delegates  must  be  separated 
distinctly  from  every  other  set  of  delegates  named 
on  such  ballot,  and  such  ballot  or  ballots  snail  also 
contain  a  statement  of  the  number  of  delegates  to 
be  voted  for  for  each  convention  for  which  candi- 
dates are  named  on  such  ticlvet.  Such  tickets  must 
be  so  written  or  printed  that  there  shall  plainly 
appear  thereon: 

1.  The  name  of  the  political  party  for  the  con- 
vention of  whicli  sucli  candidates  are  suggested, 
selected,  or  named. 

2.  The  convention  or  conventions  for  which 
delegates  are  suggested,  selected,  or  named  on 
said  ticket. 

3.  The  names  which  are  suggested,  selected,  or 
named  on  said  tickets  as  nominees  for  such  del- 
egates. 


Appendix.  1005 

4.  The  number  of  delegates  to  be  selected  for 
each  convention. 

The  names  of  each  proposed  delegate  in  each 
set  shall  be  numbered  consecutively,  and  opposite 
each  set  of  delegates  shall  be  expressed  the  num- 
ber to  be  voted  for  in  such  set.  If  there  is  any  del- 
egate, written  or  printed,  for  whom  any  voter  does 
not  desire  to  vote,  or  if  tliere  be  more  names  in 
any  set  than  are  to  be  selected  to  a  convention,  the 
voter  may  erase  any  name  by  drawing  a  line 
through  such  name  with  inlv,  and  not  otherwise. 
If  any  set  of  delegates  contain  more  names,  not 
erased,  than  is  allowed  by  law,  as  delegates  to  the 
convention  for  which  such  set  is  named,  such 
ticl<;et  cannot  be  counted  as  to  such  set,  but  must 
be  cou'ited  as  to  any  other  set  cori-ectly  voted  for. 

Sec.  26.  Where,  under  the  "law  an  election  is  to 
be  held  for  the  officers  of  any  incorporated  city, 
or  for  any  part  of  the  state,  or  for  any  political 
subdivision  of  the  state  less  than  the  wliole,  then, 
as  to  such  city  or  political  subdivision  of  the  state 
the  pixjvisions  of  this  act  shall  lilvcwise  apply,  but 
the  petition  pi'ovidetl  for  in  sections  two  and  three 
of  tliis  act  may  be  made  by  the  political  parties 
or  organizations  of  electors  within  such  cities  or 
political  subdivisions  of  tlie  state,  and  within 
eaeli  county,  or  parts  thereof,  included  in  any 
political  subdivision  of  the  state. 

Sec.  27.  At  a  general  primary  election  held  for 
the  purpose  of  electing  delegates  to  a  convention 
other  than  a  state  convention,  there  shall  be  elect- 
ed not  loss  than  one  delegate  for  each  party  con- 
vention for  each  two  hundred  votes,  and  each 
fraction  of  one  hundred  or  more,  cast  in  such  pre- 
cinct at  the  last  general  election;  provided,  that 
no  convention  shall  l)e  illegal  for  lacl?  of  the  elec- 
tion of  a  delegate  or  delegates  in  any  precinct.  In 
selecting  delegates  for  any  convention,  each  po- 
litical party  or  organization  shall  determine  how 
many  delegates  It  will  choose  from  each  city, 
county,  or  city  and  county  in  the  state,  and  name 
the  number  in  their  petition,  and  the  persons  re- 
ceiving the  highest  vote  for  each  party  shall  be 
determined  by  canvassing  the  vote  in  the  various 
precincts,  as  provided  in  section  nineteen  of  this 
act.  The  respective  political  parties  or  organiza- 
tions in  the  different  cities,  counties,  or  cities  and 


10U6  Appendix. 

counties  may  apportion  to  wards,  precincts,  or  as- 
sembly districts  tlie  number  of  delegates  to  be 
by  tliem  elected. 

Sec.  28.  At  any  time  in  any  city,  county,  city 
and  county,  or  township,  or  in  any  assembly  dis- 
trict or  political  division  within  this  state,  or  any 
precinct  therein,  at  which  a  primary  election  is 
held  for  the  election  of  delegates  to  a  convention, 
any  voter  entitled  to  vote  at  such  primary  elec- 
tion may  be,  except  as  herein  otherwise  provided, 
a  candidate  for  election  as  a  delegate  to  any  pri- 
mary convention  to  represent  the  precinct  or  dis- 
trict in  which  he  is  a  voter. 

Sec.  29.  As  soon  as  the  returns  are  received  by 
the  county  clerk,  he  shall  canvass  the  same,  and. 
when  it  requires  the  votes  of  more  than  one  pre- 
cinct to  elect  delegates,  issue  a  certificate  of  elec- 
tion for  tlie  different  conventions,  to  the  different 
persons  receiving  a  plurality  of  the  party  votes 
cast  for  such  delegates  as  shown  by  the  returns. 

Sec.  30.  It  shall  be  the  duty  of  the  board  of  su- 
pervisors of  each  county,  and  city  and  county, 
within  the  state  of  California  to  appropriate  from 
the  general  funds  of  the  county  a  sufficient  sum  of 
money  to  pay  all  necessary  expenses  of  holding 
any  sucli  primary  elections  Avithin  such  county; 
and  it  shall  be  the  duty  of  the  auditor  of  each 
county,  or  city  and  county,  within  the  state  of 
California  to  draw  upon  such  appropriated  funds 
his  several  warrants  for  the  payment  of  all  ex- 
penses of  such  primary  election  as  the  same  shall 
be  certified  to  him  by  the  county  clerk;  such  ex- 
penses shall  consist  only  of  the  payment  for  the 
box  in  which  to  l^eep  the  names  selected,  for  poll- 
ing places,  for  printing,  for  advertising,  for  sta- 
tionery, ballot-boxes,  and  postage  stamps,  and 
tally  sheets. 

Sec.  31.  If  inanycity,county,  or  city  and  county 
there  shall  not  be  by  law  any  board  of  election 
commissioners,  then  all  duties  enjoined  herein  up- 
on the  board  of  election  commissioners  shall  be 
enjoined  upon  and  performed  by  the  common  coun- 
cil or  trustees  of  a  city,  or  the  board  of  super- 
visors of  a  county;  and  all  duties  enjoined  upon 
the  clerk  of  a  board  of  election  commissioners, 
wliere  there  is  no  such  board  in  any  city  or 
county,  are  enjoined  upon,  and  shall  be  performed 


Appendix.  1007 

by,  the  clerk  of  a  city,  or  by  a  county  cleric,  as  the 
ease  may  be,  as  fully  and  with  equal  force  and 
effect  as  if  specifically  set  forth  in  this  act. 

Sec.  32.  Any  act  denounced  as  an  offense  by 
the  general  laws  concerning  elections  of  this  state 
shall  also  be  an  offense  in  all  primary  elections, 
and  in  all  matters  relating  thereto,  antecedent  or 
subsequent,  and  shall  be  punished  in  the  same 
form  and  witli  lil^e  penalties  as  is  prescribed  for 
the  punishment  of  similar  offenses  against  the 
general  election  laws;  and  all  provisions  and  pen- 
alties provided  by  law  shall  apply  in  all  cases  con- 
nected with  primary  elections  with  equal  force, 
and  shall  be  as  elfeetive  as  if  specifically  set  out 
in  this  act. 

Any  violations  of  the  provisions  of  this  act  shall, 
except  as  herein  otherwise  provided,  be  a  misde- 
meanor and  punishable  as  sur-Ii. 

Sec.  33.  No  candidate  shall  be  placed  upon  any 
official  ballot  to  be  voted  for  at  any  election  nomi- 
nated by  a  convention  of  any  political  party  or  or- 
ganization unless  within  ten  days  after  the  mail- 
ing of  such  nomination  of  such  political  party  or 
organization  he  shall  file  an  affidavit  setting  forth 
tliat  such  candidate  has  not  directly  or  indirectly 
expended,  nor  has  any  person  on  his  behalf,  or 
with  his  Icnowledge  expended,  any  sum  of  money 
for  the  purpose  of  securing  such  nomination, 
Avherher  before,  during,  or  after  such  primary 
election,  on  account  of  or  in  respect  to  the  con- 
duct and  management  of  such  primary  election: 
If  the  term  of  the  office  for  which  the  person  is 
a  candidate  be  for  one  year  or  less,  five  per  cent, 
of  the  amount  of  one  year's  salary  of  the  office. 
If  fhe  term  be  for  more  than  one  year  and  not 
more  than  two  years,  ten  per  cent,  of  the  amount 
of  one  year's  salary  of  the  office.  If  the  term  be 
for  more  than  two  years  and  not  more  than  three 
years,  fifteen  per  cent,  of  the  amount  of  one  year's 
salary  of  the  office.  If  the  term  be  for 
more  than  three  years  and  not  more  than  four 
years,  twenty  per  cent,  of  the  amount  of  one 
year's  salary  of  1lie  office.  If  the  term  be  for 
more  than  four  yeai's,  ten  per  cent,  of  the  amount 
of  one  year's  salary  of  tlie  office.  If  the  office  be 
one  for  which,  in  lieu  of  salary,  there  is  allowed 
per  diem  for  a  statutory  period,  or  for  tlie  number 


1008  Appendix. 

of  days  actually  engaged  in  the  performance  of 
public  duties,  twenty-five  per  cent,  of  the  amount 
to  accrue  for  the  statutory  period.  If  the  office 
be  one  for  which,  in  lieu  of  salary,  a  yearly  sum  is 
allowed  the  officer  for  all  the  expenses  of  his  office, 
the  expenditures  of  the  candidate  for  such  office 
shall  not  exceed  the  amount  of  ten  per  cent,  of 
the  allowance  for  such  office  for  one  year,  but  in 
no  event  shall  such  expenditure  exceed  the  sum 
of  five  hundred  dollars.  If  the  office  be  one  for 
which  no  salary  or  compensation  is  allowed  ex- 
cept fees,  or  a  salary  not  exceeding  nine  hundred 
dollars  per  annum  and  fees,  the  expenditures  of 
the  candidate  for  such  office  shall  not  exceed  the 
amount  of  one  hundred  and  fifty  dollars.  If  the 
office  be  one  for  which  no  salary  or  compensation 
is  allowed,  or  for  which  a  per  diem  is  allowed  for 
the  days  actually  employed  in  the  performance  of 
a  public  duty,  the  expenditm'es  of  the  candidate 
for  such  office  shall  not  exceed  one  hundred  dol- 
lars. If  the  candidate  is  also  at  the  same  time  a 
candidate  for  an  unexpired  term,  he  shall  not  pay 
or  expend  any  sum  on  account  of  such  unexpired 
term,  but  the  maximum  amount  to  be  expended 
by  such  candidate  shall  be  as  hereinabove  pro- 
vided. 

Sec.  34.  Such  candidate  shall  file,  as  hereinaf- 
ter provided,  an  itemized  statement  showing  in 
detail  all  moneys  paid,  loaned,  contributed,  or 
otherwise  furnished  to  him,  or  for  his  use,  di- 
rectly or  indirectly  in  aid  of  his  nomination,  and 
all  moneys  contributed,  loaned,  or  expended,  di- 
rectly or  indirectly  by  himself,  or  through  any 
other  person  in  aid  of  his  nomination.  That  the 
term  nomination  as  herein  employed  is  defined  to 
mean  all  efforts,  directly  or  indirectly,  on  the  part 
of  the  candidate  to  present  his  nomination  before 
the  electoi's,  to  secure  co-operation  and  support  by 
voters  in  his  behalf,  and  to  further  the  interests 
and  election  of  delegates  at  any  primary  election. 
Such  statement  shall  give  the  names  of  various 
persons  who  paid,  contributed,  or  expended  such 
moneys  in  aid  of  the  primary  election  in  his  be- 
half, or  in  aid  of  his  nomination,  and  the  names 
of  the  various  persons  to  whom  such  moneys 
were  contributed,  loaned,  or  paid,  the  specific 
nature  of  each  item,  the  service  performed,  and 
by  whom  performed,  and  the  purpose  for  which 


Appendix.  1009 

the  luoueys  were  expended,  contributed,  or  loaned. 
No  sum  of  money  sliall  be  paid,  and  no  expenses 
sliall  be  incurred  by  or  on  behalf  of  the  candi- 
date at  any  primary  election,  or  for  any  period  of 
time  within  six  months  prior  thereto,  held  within 
this  state,  at  which  he  is  a  candidate,  whether  be- 
fore, during,  or  after  such  primary  election  on  ac- 
count of,  or  in  respect  to  the  conduct  or  manage- 
ment of  such  primary  election,  except  for  the  ex- 
peiises  of  holding  and  conducting  public  meetings 
for  the  discussion  of  public  questions,  and  of 
printing  and  circulating  primary  election  ballots, 
handbills,  cards,  and  other  papers  previous  to 
such  primary  election,  and  all  advertising  and  all 
postage,  expressage,  telegraphing  and  telephon- 
ing, and  of  supervising  the  registration  of  voters, 
and  watching  the  polling  or  counting  of  votes  cast 
at  such  election,  and  all  salaries  of  persons  em- 
ployed in  transacting  business  at  office  or  head- 
quarters, and  necessary  expenses  of  maintaining 
the  same,  and  for  rent  of  rooms  necessary  for  the 
transaction  of  the  business  of  the  candidate,  and 
for  necessary  incidental  expenses.  There  shall  be 
attached  to  the  statement  herein  provided  for,  an 
affidavit  subscribed  and  sworn  to  by  such  candi- 
date, which  m.ust  be  substantially  in  the  follow- 
ing form: 

State  of  California,   ]  „ 
County  of ,  )  ^^■ 

I  (name),  having  been  a  candidate  for  the  office 
of  at  the  primary  election  held  in  the  (nam- 
ing city,  county,  city  and  county,  or  other  divis- 
ion), of  the  state  of  California,  on  the day  of 

,  18—,  do  solemnly  swear  that  I  have  paid  for 

my  expenses  at  said  primary  election,  and  for  all 
purposes  of  furthering  my  candidacy,  directly  or 
indirectly,    within   six    months   prior   thereto,    the 

Sum  of  $ ,  and  no  more,  and     that     except  as 

aforesaid,  T  have  not,  nor  to  the  best  of  my 
knowledge  and  belief  has  any  person,  club,  so- 
ciety, or  association  on  my  behalf,  directly  or  in- 
directly, made  any  payment,  or  given  promises,  or 
offered  any  reward,  office,  employment,  or  valu- 
able consideration,  or  incuri-ed  any  liability  on 
account  of,  or  in  respect  to  the  conduct  or  "man- 
agement of  the  said  election,  and  that  I  have  not, 
Pol.  Code— 85. 


1010  Appendix. 

directly  or  indirectly,  promised  any  office  or  re- 
ward for  any  support  of  my  candidacy  prior  or 
subsequent  to  said  primary  election.  And  I  fur- 
ther solemnly  swear  that,  except  as  aforesaid,  no 
money,  security,  or  eqiiivalent  for  money,  has,  to 
my  knowledge  or  belief,  been  paid,  advanced, 
given,  or  deposited  by  any  one,  to  or  in  the  hands 
of  myself  or  any  other  person,  for  the  purpose  of 
defraying  any  expenses  incurred  on  my  behalf, 
or  in  aid  of  said  primary  election,  or  of  my  nomi- 
nation, or  on  acc-ount  of,  or  in  respect  to  the  con- 
duct or  management  of  the  said  primary  election. 
And  I  further  solemnly  swear  that  I  will  not  at 
any  future  time  malie  or  be  a  party  to  the  malt- 
ing, or  giving  of  any  payment,  reward,  office,  em- 
ployment, or  valuable  consideration  for  the  pur- 
pose of  defraying  any  such  expenses  as  last  men- 
tioned, or  pi'ovide,  or  be  a  party  to  the  providing, 
of  any  money,  security,  or  equivalent  for  money, 
for  the  i)urpose  of  defraying  any  such  expenses. 

If  the  candidate  seelvS  to  avoid  the  responsi- 
bility of  any  illegal  payment  made  by  any  other 
person  in  his  belialf,  he  shall  set  out  such  illegal 
payment  and  disclaim  responsibility  therefor. 
Candidates  for  office  to  be  filled  by  the  electors 
of  the  state,  or  of  any  political  division  thereof 
greater  than  a  county,  and  for  members  of  the 
senate  and  assembly,  representatives  in  Congress, 
or  for  members  of  the  state  board  of  equalization, 
or  state  boai'd  of  railroad  commissioners,  shall  file 
their  statements  in  the  office  of  the  secretary  of 
state.  Candidates  for  all  other  offices  shall  file 
their  statements  in  the  office  of  the  clerk  of  the 
county  where  the  primary  election  and  conven- 
tion is  held,  and  within  which  the  duties  of  the 
oflice  for  which  the  candidate  is  nominated  are 
to  be  exercised.  Vouchers  must  be  filed  for  all 
expenditures  except  in  case  of  sums  under  five 
dollars. 

Sec.  35.  Any  candidate  nominated  for  any  pub- 
lic office  who  shall  refuse  or  neglect  to  file  for  at 
least  ten  days  such  statement  shall  not  be  placed 
tipon  any  ballot,  but  the  judge  of  the  superior 
court  of  the  county  wherein  such  statement  is 
filed,  or  is  reqiiired  to  be  filed,  may,  on  the  appli- 
cation of  a  candidate  or  a  creditor  thereof,  allow 
any  claim,  not  in  excess  of  the  maximum  amount 


Appendix.  1011 

allowed  by  this  act,  to  be  presented  and  paid  af- 
ter the  time  limited  by  this  act;  and  a  statement 
of  any  snm  so  paid,  with  a  certificate  of  its  allow- 
ance, shall  forthwith,  after  payment,  be  filed  by 
the  candidate  in  the  same  office  as  the  original 
statement  of  the  candidate.  If  the  candidate, 
upon  such  application,  shall  show  to  the  satisfac- 
tion of  said  court  that  there  is  any  error  or  false 
recital  in  such  statement  or  affidavit,  or  that  the 
failure  to  make  such  statement  or  affidavit,  or  to 
present,  within  the  designated  time,  a  claim, 
otherwise  just  and  proper,  has  been  occasioned  by 
the  absence  or  illness  of  such  candidate,  or  by 
the  misconduct  of  any  person  other  than 
such  applicant,  or  by  inadvertence  or  ex- 
cusable neglect  or  for  any  reasonable 
cause  of  a  lilie  manner,  and  not  by  reason 
of  any  want  of  good  faith  on  the  part  of  the  ap- 
plicant, the  court  may,  after  such  notice  of  the 
application  as  the  court  shall  require,  and  on  the 
production  of  such  evidence  of  the  facts  stated 
in  the  application  as  shall  be  satisfactory  to  such 
court,  by  order,  allow  such  statement  and  affi- 
davit to  be  filed,  or  such  error  or  false  recital 
therein  to  he  corrected,  or  sxicli  claims  to  be  paid, 
as  to  the  court  seems  just;  and  sucli  order  shall 
relieve  the  applicant  from  any  liability  or  conse- 
quences under  this  act  in  respect  of  the  matters 
excused  by  tlie  order.  If  the  application  is  made 
by  a  creditor,  the  court  may,  under  like  condi- 
tions, and  upon  a  like  showing,  order  the  claim  to 
be  paid,  and  the  creditor  shall  also  be  entitled  to 
his  costs.  Tlie  claims  of  one  or  more  creditors 
may  be  united  in  such  application,  but  tlie 
amount  and  specific  nature  of  each  claim  must  be 
fully  stated. 

Sec.  .36.  No  candidate  of  any  political  party  or 
organization  can  have  his  name  printed  upon  any 
ballot,  to  be  voted  for  as  a  candidate  for  public 
office  at  any  election  in  this  state,  unless  he  shall 
have  been  nominated  by  a  convention  composed 
of  delegates  chosen  as  provided  by  this  act;  pro- 
vided, however,  that  nothing  in  this  act  shall  pre- 
vent any  candidate  from  being  nominated  as  pro- 
vided in  section  eleven  hundred  and  eighty-eight 
of  the  Political  Code;  but  such  nominees  can  have 
no  other  designation  on  the  ballot  than  the  word 
"Independent"';     and     provided     further,  that  no 


1012  Appendix. 

more  than  one  candidate  shall  be  nominated  by 
one  petition. 

Sec.  37.  No  ticket  or  ballot  must,  on  the  day  of 
a  primary  election,  be  given  or  delivered  to  or 
received  by  any  person  except  the  inspector,  or 
a  judge  acting  as  inspector,  within  one  hundred 
feet  of  the  polling  place.  No  person  must,  on  the 
day  of  election,  hold  any  ticket  or  unfold  any  bal- 
lot which  he  intends  to  use  in  voting,  within  one 
hundred  feet  of  the  polling  place;  exhibit  to  any 
other  in  any  manner,  by  which  the  contents 
thereof  may  become  known,  any  ticket  or  ballot 
which  he  intends  to  use  in  voting.  No  person 
must,  on  the  day  of  election,  within  one  hundred 
feet  of  the  polling  place,  exhibit  to  another  in  any 
manner  by  which  the  contents  thereof  may  be- 
come known,  any  ticket  or  ballot  which  he  in- 
tends to  use  in  voting.  No  person  must,  on  the 
day  of  election,  within  one  hundred  feet  of  the 
polling  place,  solicit  the  support  or  vote  of  any 
other  person,  nor  request  another  person  to  ex- 
hibit or  disclose  the  contents  of  any  ticket  or  bal- 
lot which  such  other  persons  intend  to  use  in  vot- 
ing. If  at  any  precinct  or  polling  place  there  shall 
be  a  line  of  persons  desiring  to  vote,  no  person 
shall  remain  in  such  line  after  he  has  voted,  or 
after  an  opportunity  has  been  had  for  him  to  so 
vote,  nor  shall  such  line  be  in  any  manner  delayed 
or  hindered. 

Sec.  38.  No  polling  place  shall  be  held  in  any 
saloon  where  malt,  vinous,  or  spirituous  liquors 
are  sold,  or  in  any  room  leading  from,  or  in  any 
manner  connected  with  such  saloon. 

Sec.  39.  Immediately  upon  making  out  the 
credentials  of  any  delegates  elected  under  this 
law,  the  clerlv  shall  mail  to  the  secretary  of  each 
political  party  or  organization  which  participated 
in  the  primary,  a  complete  list  of  all  delegates  to 
whom  credentials  shall  have  been  given,  either 
by  himself  or  by  the  various  precinct  officers  as 
herein  provided,  and  said  clerk  must,  in 
a  proper  book  to  be  kept  by  him.  record 
the  names  of  all  delegates  elected,  with 
the  vote  received  by  each,  specifying 
those  to  whom  credentials  have  been  given, 
stating  when  and  where  such  credentials  were 
issued,  and  whether  issued  by  himself  or  by  the 
various  precinct  officers  as  aforesaid,  and  if  any 


Appendix.  1013 

delegate  entitled  to  credentials  shall  not  have  re- 
ceived his  credentials,  or  have  lost  the  same,  said 
clerk  must,  upon  request,  issue  a  new  credential 
to  such  delegate,  which  must  be  stamped  "Du- 
plicate." 

Sec.  40.  When,  at  any  time  after  the  passage 
of  this  act,  there  is  in  any  county,  or  city  and 
county  in  this  state,  a  duly  qualified  and  acting- 
registrar  of  voters,  then,  during  the  period  that 
there  shall  be  such  a  duly  qualified  and  acting 
registrar  of  voters,  all  the  duties  herein  imposed 
and  acts  required  to  be  done  by  the  county  clerk 
of  such  county,  or  city  and  county,  are  hereby  im- 
posed and  required  to  be  done  by  such  registrar  of 
voters,  in  the  place  and  stead  of  such  county 
clerk. 

Sec.  41.  Within  thirty  da^s  after  the  passage 
of  tliis  act  the  secretary  ot  state  shall  cause 
twenty  thousand  copies  of  this  act  to  be  printed 
in  pamphlet  form  for  free  distribution. 

Sec.  42.  All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed. 

Sec.  43.    This  act  shall  take  effect  immediately. 

An  act  providing  for  a  general  primary  election  in 
counties  of  certain  classes  within  the  State  of 
California,  and  to  promote  the  purity  thereof 
by  regulating  the  conduct  thereof,  and  to  sup- 
port the  ju'ivileges  of  free  suffrage  thereat,  by 
prohibiting  certain  acts  and  practices  in  rela- 
tion thereto,  and  providing  for  the  punish- 
ment thereof. 

I  Stat,    approved    March    27.     1895;     Stats.     189.5, 
chap,  clxxxi.] 
This  was  the  former    act    relating  to    primary 

elections,  which  was  held  unconstitutional. 


An  act  to  prohibit  '"piece  clubs,"  and  to  prevent 

extortion  from  candidates  for  office. 
[Approved     March    14,    1ST8;    Statutes    1877-8,    p. 
180.] 
This    act  is   contained    in   tlie   appendix    to    the 
Penal  Code. 


1014  Appendix. 

An  act  to  prevent  the  circulation  of    bogus  elec- 
tion ticlvets,     and    to    prevent     frauds     upon 
voters. 
[Approved  March  7.  1878;  1877-8,  180.] 
This  act  is  probably  no  longer  in  effect  since  the 
adoption  of  the  Australian  ballot  law. 


FIRE   DEPARTMENT. 

An  act  to  allow  unincorporated  towns  and  vil- 
lages to  equip  and  maintain  a  fire  department, 
and  to  assess  and  collect  taxes,  from  time  to 
time,  for  such  purpose,  and  to  create  a  board 
of  fire  commissioners. 

[Approved  INIarch  4,  1881;  Stats.  1881,  26.] 
Fire  department. 

Section  1.    Any  unincorporated  town  or  village 
of  this  state  may  equip  and  maintain  a  fire  de- 
partment for  the  purpose  of  protecting  property 
from  destruction  by  fire. 
Fire  commissioners,  how  appointed. 

Sec.  2.  Upon  tlie  application,  by  petition,  of  fifty 
or  more  tax-paytrs  and  residents  of  said  town  or 
village  to  the  boaid  of  supervisors  of  the  county  in 
which  said  town  or  village  is  situated,  the  said 
board  of  supervisors  shall  appoint  three  commis- 
sioners, to  be  known  as  and  called  a  board  of  fire 
commissioners  of  the  town  or  village  for  which 
they  are  appointed,  who  shall  hold  their  oflice  un- 
til the  second  Monday  in  April  next  thereafter, 
and  until  their  successors  are  elected  and  qual- 
ified. 
Duty  of  commissioners. 

Sec.  3.  The  board  of  fire  commissioners  so  ap- 
pointed by  said  board  of  supervisors,  and  their 
successors,  shall  be  authorized  and  empowered, 
and  it  shall  be  their  duty: 

1.  To  fix  and  establish  the  fire  limits  of  said 
town  or  village,  and  shall  accurately  describe  the 
same,  in  writing,  by  metes  and  bounds,  and  file  a 
copy  thereof,  subscribed  by  them,  in  the  oflice  of 
the  county  recorder  of  the  county  in  which  said 
town  or  village  is  situated; 

2.  To  make  all  contracts  with  water  companies 
for  a  supply  of  water,  and  attaching  hydrants  or 


Appendix,  1015 

fire-plugs  to  the  pipes,  or  conduits,  or  cisterns  of 
sucli  water  company;  to  malie  contracts  for  and 
to  purcliase  the  engines,  hose,  hose  carts  or  car- 
riages, and  other  appliances  for  the  full  equip- 
ment of  a  flre-company  or  department; 

3.  To  call  an  election  and  submit  to  the  elec- 
tors residing  within  the  fire  limits  fixed  by  them 
the  question  whether  a  tax  shall  be  levied  and 
raised  for  the  purpose  of  establishing  and  main- 
taining a  fire  department  for  the  said  town  or 
village,  and  for  protecting  the  same  from  loss  by 
fire; 

4.  To  appoint  judges,  not  less  than  three,  and 
other  officers,  to  conduct  such  election,  and  to  is- 
sue certificates  of  election; 

5.  To  do  and     perform     such  other     acts     and 
things  as  may  be  proper  and  necessary  to  carry 
out  the  full  intent  and  meaning  of  this  act. 
Election. 

Sec.  4.  Said  election  must  be  called  by  posting 
notices  in  three  of  the  most  public  places  in  said 
town  or  village,  for  not  less  than  ten  days,  and 
also,  if  there  is  a  newspaper  printed  and  pub- 
lished in  the  town  or  village,  by  advertising  such 
notice  therein  at  least  two  regular  issues  of  the 
liaper. 

Notice  of  election,  what  to  contain. 

Sec.  5.  Such  notice  must  specify  the  time  and 
place  of  holding  the  election,  and  the  amount  re- 
quired for  each  specific  purpose,  and  the  amount 
of  money  to  be  I'aised  shall  not  exceed,  in  any 
one  year,  one  per  cent  of  the  assessable  propei-ty 
within  the  fire  limits  as  fixed  by  the  board  of  fire 
commissioners;  provided,  that  after  the  first  year 
the  amount  so  raised  shall  not  exceed  one-half  of 
one  per  cent. 
Appointment  of  officers  of  election. 

Sec.  (>.  The  board  of  fire  commissioners  must 
appoint  three  judges  and  two  clerks  to  conduct 
the  election,  and  it  must  be  held  in  all  respects 
as  nearly  as  practicable  in  conformity  with  the 
general  election  law;  provided,  that  no  new  regis- 
ter shall  be  required,  nor  legal  l)allot  paper;  and 
provided  further,  that  the  polls  may  be  opened  at 
eight  o'clock  A.  M.  and  close  at  five. o'clock  P.  M. 
on  the  day  appointed  for  such  election. 


1016  Appendix, 

Form  of  ballot. 

Sec.  7.  At  such  election  the  ballots  must  con- 
tain the  AYords  "tax— yes,"  or  "tax— no,"  and  also 
the  name  of  one  person  as  assessor  and  one  as 
collector.  The  same  person  may  be  elected  to 
both  offices.  The  compensation  for  assessing  and 
collecting  the  tax  shall  be  fixed  by  the  board  of 
fire  commissioners,  but  shall  not  exceed  one  hun- 
dred and  fifty  dollars. 
Election  returns,  how  and  when  made. 

Sec.  8.  The  judges  of  election  shall,  within 
twenty-four  hours  after  holding  said  election, 
make  returns  and  certify  said  votes,  and  the 
names  of  the  person  or  persons  voted  for,  to  the 
said  board  of  fire  commissioners,  and  within  five 
days  after  the  returns  have  been  received  by  the 
board  of  fire  commissioners  they  shall  count  the 
votes,  determine  who  has  been  elected,  and  forth- 
with issue  certificates  of  election  to  the  persons 
elected  for  assessor  and  collector. 
Duty  of  assessors. 

Sec.  0.  The  assessor,  on  receiving  his  certificate 
of  election,  must  forthwith  assess,  in  the  manner 
provided  by  law,  all  the  taxable  property  within 
the  fire  limits  fixed  by  said  board,  and  within  tliir- 
ty  days  return  his  roll,  footed  up,  to  the  cleric  of 
the  board  of  supervisors.  The  said  board  of  su- 
pervisors, upon  receiving  the  roll,  must  deduct 
fifteen  per  cent  therefrom  for  anticipated  delin- 
quencies, and  then,  by  dividing  the  sum  voted,  to- 
gether with  the  estimated  cost  of  assessing  and 
collecting  added  thereto,  by  the  remainder  of  the 
roll,  ascertain  the  rate  per  cent  required;  and  the 
rate  so  ascertained,  using  the  full  cent  on  each 
hundred  dollars  in  place  of  any  fraction,  is  here- 
by levied  and  assessed  to,  on,  or  against  the  per- 
sons or  property  named  or  described  in  the  roll, 
and  is  a  lien  on  all  such  property  until  the  tax  is 
paid;  and  the  tax,  if  not  paid  within  the  time 
hereinafter  provided,  shall  be  delinquent;  and  im- 
mediately after  such  delinquency  the  collector 
shall  proceed  to  collect  the  same  in  the  mode  and 
manner  provided  by  law  for  the  collection  by 
county  tax  collector  of  delinquent  state  and  coun- 
ty taxes. 
Duty  of  clerk. 

Sec.  10.    The  clerk  of  the  board  of  supervisors. 


Appendix.  1017 

upon  receiving  the  assessment  roll  from  the  as- 
sessor, must  give  five  days'  notice  thereof  by  post- 
ing a  notice  in  three  public  places  in  the  said 
town  or  village,  and  the  board  of  supervisors 
must  at  the  expiration  of  said  time  sit  for  at  least 
three  days  as  a  board  of  equalization,  at  such 
time  and  place  as  has  been  named  in  such  posted 
notice;  and  they  have  the  same  power  as  county 
boards  of  equalization  to  make  any  changes  in  the 
assessment  roll. 
Tax  roll  to  be  placed  in  hands  of  collector. 

Sec.  11.  As  soon  as  the  rate  of  taxation  has 
been  determined,  as  provided  in  the  preceding 
sections,  the  said  board  of  supervisors  must  place 
the  tax  list  or  roll  in  the  hands  of  the  collector, 
who  shall  then  give  notice,  by  publication  in  some 
newspaper  published  within  the  said  town  or  vil- 
lage, that  the  said  tax  is  now  due  and  payable  in 
his  office,  and  unless  paid  within  thirty  days  will 
be  delinquent.  He  must  proceed  at  once  to  collect 
the  tax,  and  within  thirty  days  retiu'n  the  tax-list 
to  the  board  witli  tlie  word  "paid"  marked  oppo- 
site the  name  of  eacli  person  or  description  of 
property,  from  whom  or  on  which  he  has  received 
the  tax;  and  he  must  also,  at  the  same  time,  file 
with  the  said  board  of  fire  commissioners  thex 
county  treasurer's  receipt  for  all  the  moneys  by 
him  collected;  and  the  property  on  the  roll  not  by 
the  collector  marked  "paid"  is  delinquent. 
Moneys,  how  kept. 

Sec.  12.  All  moneys  arising  from  the  tax  herein 
authorized  to  be  levied  and  collected  shall  be 
liept  by  the  treasurer  of  the  county  in  which  said 
town  or  village  is  situated,  subject  only  to  the  or- 
der of  said  board  of  fire  commissioners. 
No  compensation  to  treasurer. 

Sec.  1.3.    The  treasurer  shall  receive  no  compen- 
sation for  the  receipt  and  disbursement  of  moneys 
derived  under  .the  provisions  of  this  act. 
Bond  of  collector. 

See.  14.    The  collector  must  execute  an  official 
bond  in  an  amount  to  be  fixed  by  the  board  of  fire 
commissioners. 
Powers  of  board. 

Sec.  1.5.    The  board    of    fire    commissioners  are 
hereby  directed  and  empowered  to  make  all  nee- 


1018  Appendix. 

essary  arrangements  for  the  purchase  of  rights  ol 
making  connections  with  the  pipes  of  water  com- 
panies for  fire-plugs  or  hydrants,  in  such  part  ot 
the  town  or  village  as  they  shall  deem  best  foil 
the  common  interest,  and  also  for  purchasing  fire- 
hose and  carriages,  subject,  however,  to  the  pro- 
visions hereinbefore  contained. 
Same. 

Sec.  16.  They  shall  procure  all  necessary  books 
and  blanks  for  the  purpose  of  keeping  a  correct 
record  of  their  proceedings;  and  they  shall  keep  a 
record  of  all  their  acts,  of  all  moneys  received  and 
disbursed  by  them,  which  .said  books  shall  be 
open  to  public  inspection  at  all  times. 
Auditing  demands. 

Sec.  17.  All  accounts,  bills,  and  demands 
against  the  fire  department  shall  be  audited,  al- 
lowed, and  paid  by  the  board  of  fire  commission- 
ers by  warrants  drawn  on  the  county  treasurer 
and  the  county  treasurer  shall  pay  the  same  in 
the  order  in  which  they  are  presented. 

Levying  additional  tax. 

Sec.  is.  The  board  of  fire  commissioners  shall, 
from  time  to  time,  and  in  like  manner,  submit  to 
a  vote  of  the  electors  of  said  town  or  village  the 
■  propriety  of  levying  and  raising  an  additional  tax 
for  the  keeping  in  repair  the  apparatus  of  said  fire 
department,  and  maintaining  the  same  in  good  or- 
der and  condition. 
Who  to  receive  compensation. 

Sec.  19.    No  oflficer  or  oflicers  created  by  this  act, 
except   the   assessor   and   tax   collector,    shall  re- 
ceive any  compensation  for  his  or  their  services. 
Vacancies,  how  filled. 

Sec.  20.  That  in  case  of  a  vacancy  of  any  or  all 
of  the  members  of  the  board  of  fire  commission- 
ers, or  in  the  ofiice  of  assessor  or  tax  collector, 
after  election  had,  by  death,  resignation,  or  other- 
wise, such  vacancy  shall  be  filled  by  appointment 
by  the  board  of  supervisors  of  the  county  in 
which  said  vacancy  may  happen. 
Refusal  to  levy  tax  defers  election. 

Sec.  21.  That  in  case  an  election  be  had  under 
the  provisions  of  this  bill,  and  the  electors,  by 
vote,   shall  decline  to  equip  and  maintain  a  fire 


Appendix.  1019 

department,  and  refuse  to  levy  and  collect  a  tax 
for  that  purpose,  no  other  election  shall  be  called 
or  held  under  this  act  within  one  year  next  there- 
after. 
Election.  Avhen  held. 

Sec.  22.  An  election  shall  be  held  annually,  on 
the  first  Monday  of  April,  for  the  election  of  three 
lire  commissioners,  who  shall  talvc  their  office  on 
the  next  succeeding  Monday  in  the  same  month; 
and  it  shall  be  the  duty  of  the  board  of  fire  com- 
missioners to  give  notice  of  such  elections  by 
posting  notices  thereof  in  three  public  places  in 
the  town,  for  at  least  two  Aveeks  before  the  day 
of  election.  They  shall  also  appoint  the  judges  of 
election. 
To  tui-n  over  property  to  successors. 

Sec.  23.  Each  board  of  fire  commissioners  shall, 
at  the  expiration  of  their  term'  of  office,  turn  over 
to  their  successors  all  the  boolvs  and  documents 
belonging  to  the  office  of  fire  commissioners,  talk- 
ing tlieir  receipt  for  the  same. 

Act  to  be  liberally  construed. 

Sec.  24.  No  assessment  or  act  relating  to  assess- 
ment or  collection  of  taxes,  or  elections  lield  un- 
der tlie  provisions  of  this  act,  shall  be  illegal,  void, 
or  voidable  on  account  of  any  error,  omission,  or 
informality,  or  failure  to  comply  strictly  Avith  the 
provisions  of  this  act,  nor  on  account  of  any  mis- 
nomer; but  the  same  shall  be  liberally  construed 
with  a  view  to  hold  valid  all  acts  done  under  this 
act. 
Commissioners,  what  may  regulate. 

Sec.  2^).  The  said  board  of  fire  commissioners 
may  regulate  the  construction  of,  and  order  the 
suspension,  discontinuance,  removal,  repair,  or 
cleaning  of,  fire-places,  cliimneys,  stoves  and 
stove-pipes,  flues,  ovens,  boilers,  kettles,  forges, 
or  any  apparatus  used  in  any  building,  manufac- 
tory, or  business  Avhich  may  be  dangerous  in  caus- 
ing or  promoting  fires,  and  prescribe  limits  with- 
in Avliich  no  dangerous  nor  obnoxious  and  offen- 
sive business  may  be  carried  on. 
May  adopt  ordinances. 

Sec.  26.  They  may  adopt  such  ordinance,  with- 
in the  purvieAv  of  the  preceding  section,  as  they 
may  deem  proper  to  prevent  fires  and  conflagra- 


1020  Appendix. 

tions,  aud  for  the  protection  of  property  at  and 
during  the  pendency  of  any  fire,  and  for  that  pur- 
pose may  provide  tliat  at  and  during  the  pend- 
ency of  any  fire  the  officers  of  the  fire  company  or 
companies  present  shall  be  vested  with  police 
powers.  Sucli  ordinance  shall  be  signed  by  the 
said  fii'e  commissioners,  and  published  in  a  news- 
paper printed  in  said  town  or  village,  or  posted  in 
three  of  the  most  public  places  thereof,  for  the 
period  of  two  weelvs,  at  the  end  of  which  time  it 
shall  be  and  become  a  law  for  the  government 
of  the  inhabitants  of  said  town  or  village. 
Misdemeanor. 

Sec.  27.    Any  person  who  shall  violate  any  of 
the  provisions  of  said  ordinance  shall  be  guilty  of 
a  misdemeanor. 
Jurisdiction  of  justice  of  the  peace. 

Sec.  28.  Any  justice  of  the  peace  within  the 
townships  within  Avhich  said  town  or  village  is 
situated  shall  have  jurisdiction  of  all  prosecutions 
under  this  act,  and  sections  fourteen  hundred  and 
twenty-six  to  fourteen  hundred  and  forty-nine, 
both  inclusive.  Title  IX,  Chapter  I,  of  the  Penal 
Code,  are  hereby  made  applicable  to  proceedings 
under  tliis  act. 

Sec.  20.  All  acts  or  parts  of  acts,  so  far  as  they 
do  conflict  with  the  provisions  hereof,  are  hereby 
repealed. 

Sec.  30.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

An  act  authorizing  and  requiring  boards  or  com- 
missions having  the  management  and  control 
of  paid  fire  departments,  to  grant  the  mem- 
bers thereof  yearly  vacations. 

rStat.  approved  March  26.  1895;  Stats.  1895,  chap. 
Ixxxiv.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.  In  every  city,  or  city  and  county,  of 
this  state,  where  tliere  is  a  regularly  organized 
paid  fire  department,  the  board  of  supervisors, 
common  council,  commissions,  or  other  body  hav- 
ing the  management  and  control  of  the  sarne.  are 
authorized  and  required,   once  in  every  year,   to 


Appendix.  1021 

provide  for  granting  each  member  ttiereof  a  leave 
of  absence  from  active  duty  for  a  period  of  not 
less  than  ten  nor  more  than  fifteen  days.  Leaves 
of  absence  so  granted  must  be  arranged  by  said 
board  or  commission  so  as  not  to  interfere  with 
or  in  any  way  impair  the  etficiency  of  the  depart- 
ment; and  leaves  of  absence  granted  in  cases  of 
sickness,  or  in  consequence  of  injuries  received 
while  in  tlie  discharge  of  duty,  shall  not  be  con- 
strued to  be  or  become  a  part  of  the  leave  of  ab- 
sence provided  for  by  this  act.  No  deduction  must 
be  made  from  the  pay  of  any  member  of  such  fire 
department  granted  a  leave  of  absence  under  the 
provisions  of  this  act. 
Sec.  2.    This  act  shall  take  effect  immediately. 

An  act  to  authorize  the  board  of  supervisors  or 
other  governing  authority  of  the  several  coun- 
ties, cities  and  counties,  cities,  and  towns  of 
the  state  to  provide  pensions  or  benefits  for  the 
relief  of  aged,  infirm,  or  disabled  firemen. 
[Approved  March  11,  1889;  1889,  108.] 
Fund  for  disabled  firemen. 

Section  1.  The  board  of  supervisors  or  other 
governing  authority  of  the  several  counties,  cities 
and  counties,  cities,  and  towns  of  the  state  in 
which  fire  departments  exist,  may,  by  appropriate 
ordinances,  provide  a  fund,  by  general  tax  upon 
tlie  property  of  the  county,  city  and  county,  city, 
or  town,  for  the  relief  of  aged,  infirm,  or  disabled 
firemen;  provided,  that  sncli  disability  sliall  be 
caused  by  injuries  received  in  the  actual  perform- 
ance of  duty,  or  disability  caused  by  exposure 
while  in  the  discharge  of  such  duty. 
Who  entitled  to  benefits. 

Sec.  2.  No  pei'son  shall  be  entitled  to  any  ben- 
efit from  any  fund  created  by  authority  of  this 
act  unless  he  shall  have  served  in  the  fire  depart- 
ment of  such  county,  city  and  county,  city,  or 
town  at  least  fifteen  years,  and  no  such  benefit 
shall  exceed  one-half  of  the  salary  provided  by 
law  at  the  time  sucli  disability  occurred;  pro- 
vided, that  any  person  injured  in  the  actual  dis- 
rliarge  of  fire  duty  shall  be  entitled  to  the 
Ixneflt  of  this  act  regardless  of  his  length  of  ser- 
Pol.  Code— 86. 


1022  Appendix. 

vice  in  the  fire  department  of  any  such  county, 
city  and  county,  city,  or  town. 
Sec.  3.    This  act  shall  take  effect  from  and  after 

its  passage. 

..  .^^ 

An  act  to  create  an  exempt  firemen's  relief  fund 
in  the  several  counties,  cities  and  counties, 
cities,  and  towns  of  the  state,  and  relating  to 
the  enrollment,  formation  into  fire  companies, 
and  services  as  firemen  of  such  exempt  fire- 
men. 

[Stat,  approved  March  26,  1895;  Stats.  1895,  chap, 
cxv.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  The  mayor,  the  chairman  of  the 
board  of  supervisors,  or  other  governing  authority 
of  any  city  and  county,  city,  or  county,  or  town 
of  this  state  in  which  an  incorporated  exempt  fire 
company  exists,  is  authorized,  empowered,  and  re- 
quired, within  tliirty  days  after  this  act  takes  ef- 
fect, or  as  soon  thereafter  as  practicable,  and  as 
often  as  shall  be  necessary,  to  appoint  five  citi- 
zens, wlio  are  exempt  firemen,  who  shall  consti- 
tute the  boai'd  of  trustees  of  the  exempt  firemen's 
relief  fund,  to  provide  for  the  disbursement  of 
said  fund,  and  to  ascertain  and  determine  the  ben- 
eficiai'ies  thereof,  as  hereinafter  directed.  Each 
trustee  shall  hold  office  for  the  term  of  four  years 
from  his  appointment,  and  until  the  appointment 
and  qualification  of  his  successor.  All  vacancies 
from  whatever  cause  shall  be  filled  by  the  officer 
making  the  appointment.  Each  trustee  shall  qual- 
ify by  talving  the  constitutional  oath  of  office. 

Sec.  2.  They  shall  organize  as  such  board  by 
choosing  one  of  their  number  as  president  and  one 
of  tlieir  number  as  secretary.  The  office  of  trus- 
tee, and  of  president  and  secretary  of  said  board, 
is  honorary,  and  they  shall  receive  no  salary  or 
compensation  therefor.  A  majority  of  members 
of  said  Ijoard  shall  constitute  a  quorum  and  have 
po-R'er  to  transact  business.  The  treasurer  of  the 
county,  city  and  county,  city,  or  town  shall  be  the 
ex  officio  treasurer  of  said  fund,  without  extra 
salary  or  compensation  therefor.  Such  board 
shall  have  charge  of  and  administer  said  fund. 


Appendix.  1023 

and  order  payments  therefrom,  in  pursuance  of 
the  provisions  of  this  act.  They  shall  report  to 
the  board  of  supervisors  or  other  governing  au- 
thority of  tlie  county,  city  and  county,  city,  or 
town,  when  and  as  often  as  required,  the  condi- 
tion of  said  fund,  and  the  receipts  and  disburse- 
ments on  account  of  the  same,  and  such  other  in- 
formation as  may  be  demanded.  The  board  shall 
keep  a  record  and  full  minutes  of  their  acts  and 
proceedings. 

Sec.  3.  The  board  of  trustees  of  the  exempt  fire- 
men's relief  fund  shall  enroll  every  exempt  fire- 
man who  has  received,  or  may  hereafter  receive, 
a  certificate  under  the  laws  of  this  state  that  he 
is  an  exempt  fireman,  and  who  is  a  resident  of  the 
county,  city  and  county,  city,  or  town,  and  who 
desires  to  avail  himself  of  the  benefits  of  this  act, 
and  to  render  the  services  he'rein  mentioned.  Such 
enrolled  exempt  firemen  may,  in  cases  of  great 
public  emergency,  be  assigned  to  and  shall  per- 
form such  duty  as  firemen,  imder  the  direction  and 
control  of  the  chief,  or  any  of  his  assistants,  of  the 
fire  department,  as  may  be  from  time  to  time  pre- 
scribed by  ordinance  of  such  board  of  supervisors 
oi-  such  other  governing  authority;  and  said  en- 
rolled exempt  firemen  shall  be  formed  into  one 
or  more  companies,  and  in  such  manner  as  such 
board  of  supervisors  or  such  other  governing  au- 
thority may  from  time  to  time  ordain;  and  such 
persons  shall  render  all  such  services  without  sal- 
ary or  compensation,  but  may  receive  relief  as 
provided  lierein. 

Sec.  4.  The  board  of  supervisors  or  other  gov- 
erning authority  of  any  county,  city  and  county, 
city,  or  town,  in  which  such  incorporated  exempt 
fire  company  exists,  shall,  for  the  purposes  of  said 
fund,  annually  set  apart  from  the  general  fund  in 
the  treasury  of  the  county,  city  and  county,  city, 
or  town,  or  from  any  otlier  fund  therein,  which  is 
not  devoted  exclusively  to  some  otlier  purpose, 
and  direct  the  payment  annually  into  said  fund 
of  a  sum  of  money  not  exceeding  twelve  thousand 
dollars;  and  in  case  a  sum  less  than  twelve  thou- 
sand dollars  should  in  any  Instance  be  directed  to 
be  paid  into  said  fund,  said  board  or  other  gov- 
erning body  may  from  time  to  time  so  set  apart 
and  direct  the  payment  into  said  fund  of  sums  of 
money;  provided,  the  aggregate  of  sums  paid  into 


1024  Appeudix. 

said  fund  shall  not  exceed  twelve  thousand  dol- 
lars a  year.  Moneys  so  set  apart  cannot  be  di- 
verted thereafter  from  said  fund  by  the  board  of 
supervisors  or  other  governing  authority. 

Sec.  5.  Said  exempt  firemen's  relief  fund  shall 
be  applied  to  the  relief  of  such  enrolled  exempt 
firemen  who,  after  their  enrollment  as  herein  pro- 
vided, shall  become  disabled  from  injury,  sicli- 
uess,  or  the  infirmities  of  age  to  earn  a  livelihood, 
and  said  board  shall  grant  relief  from  time  to  time 
to  such  enrolled  member  during  the  disability  as 
it  deems  just.  The  decision  or  judgment  of  said 
board  as  to  tlie  fact  of  ability  or  disaiiility,  or  its 
duration,  or  the  amount  of  relief  at  any  time  to 
be  granted,  shall  be  liinding  and  final  as  against 
the  claimant  of  relief.  Said  fund  shall  be  used 
for  such  purposes,  and  to  pay  the  necessary  ex- 
penses of  stationery  for  said  board,  and  for  no  oth- 
er purpose.  The  relief  granted  shall  not  exceed 
twenty-five  dollars  per  month  to  each  enrolled 
member  so  disabled. 

Sec.  6.  Such  board  of  trustees  is  authorized  to 
allow  and  issue  orders  or  warrants,  signed  by  the 
president  and  secretary,  for  payment  of  moneys 
out  of  said  exempt  firemen's  relief  fund,  for  any 
of  the  purposes  herein  stated:  and  the  auditing 
officer  of  the  county,  city  and  county,  city,  or 
town  is  authorized  and  required  to  audit,  and  the 
treasurer  thereof  to  pay  out  of  said  fund,  any  and 
all  orders  or  warrants  so  allowed  and  issued  by 
said  board;  provided  that  the  aggregate  of  said 
orders  sliall  not  exceed  the  sum  of  twelve  thou- 
sand dollars  per  annum. 

Sec.  7.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


An  act  to  require  the  payment  of  certain  pre- 
miums to  counties,  and  cities  and  counties,  by 
fire  insurance  companies  not  organized  under 
the  laws  of  the  state  of  California,  but  doing 
business  therein,  and  providing  for  the  dispo- 
sition of  such  premiums. 
[Approved  March  3,  1885:  Stats.  1885,  p.  13.] 

Foreign  insurance  companies  to  pay  premium  to 
counties. 

Section  1.    There  shall  be  paid  to     the     county 


Appendix.  1020 

treasurer  of  every  county,  or  city  and  county,  in 
tills  state,  for  tlie  use  and  benefit  of  tlie  firemen's 
relief  fund  of  such  county,  or  city  and  county,  on 
the  first  Monday  of  December  in  each  year,  by 
every  person  who  shall  act  as  agent  for  or  on  be- 
half of  any  corporation  or  company  not  incorpo- 
rated by  or  under  the  laws  of  this  state,  but  car- 
rying on  the  business  of  insurance  against  loss 
or  injury  by  fire  upon  property  in  this  state,  a 
sum  equal  to  one  per  centum  upon  the  amount  of 
all  premiums  which,  during  the  year,  or  part  of  a 
year,  ending  on  the  last  preceding  first  Monday  of 
September,  shall  have  been  received  by  such 
agent  or  person,  or  any  other  person  or  agent  act- 
ing during  such  period  for  said  corporation  or 
company,  so  engaged  in  said  business,  or  shall 
have  been  agreed  to  be  paid  to  such  coti>oration 
or  company,  or  his  or  their  agents,  for  any  insur- 
arrce  effected,  or  agreed  to  be  effected,  by  such 
corporation  or  company,  against  loss  or  injury  by 
fire  upon  property  situate  within  the  limits  of 
such  county,  or  city  and  county. 
Firemen's  relief  fund. 

Sec.  2.  The  tax  provided  for  by  this  act,  when 
paid  or  collected  by  the  person  or  officer  entitled 
thereto,  shall  constitute  a  fund  to  be  known  and 
designated  as  "the  firemen's  relief  fund"  of  the 
county,  or  city  and  county,  in  which  the  pi'operty 
insured  or  agreed  to  be  insured,  is  situated. 
Control. 

Sec.  3.  Such  fund  shall  be  under  the  exclusive 
control  of  the  fire  commissioners,  or  other  gov- 
erning body  of  the  fire  department  or  fire  depart- 
ments of  such  county,  or  city  and  county,  under 
such  general  regulations  as  the  board  of  supervis- 
ors thereof  may  prescribe. 
Pension  to  disabled  firemen. 

Sec.  4.  The  board  of  fire  commissioners,  or 
board  of  trustees,  or  other  governing  body  of  the 
respective  fii'e  departments  or  companies,  on  whom 
is  devolved  the  care  and  control  of  the  various  re- 
lief funds  iirovided  for  by  this  act,  shall  have  the 
power,  by  a  unanimous  vote,  to  relieve  from  ser- 
vice, at  fires,  or  retire  from  all  service  in  the  fire 
department  or  company,  respectively  under  their 


1026  Appendix. 

eontrol,  any  officer  or  member  of  said  fire  depart- 
ment or  company,  who  may  upon  an  examination 
by  a  medical  officer,  designated  by  such  governing 
body,  be  found  to  be  disqualified,  physically  or 
mentally,  for  the  performance  of  his  duties,  and 
the  said  officer  or  member  so  retired  from  service 
shall  receive  from  such  relief  fund  an  annual  al- 
lowance, as  pension,  in  case  of  the  total  disqualifi- 
cation for  service,  or  as  compensation  for  limited 
service,  in  case  of  partial  disability;  in  every  case 
said  governing  body  to  determine  the  circum- 
stances tliereof,  and  in  case  said  officer  or  mem- 
ber shall  theretofore  have  been  paid  any  salary 
for  the  services  rendered  by  him.  said  pension,  or 
allowance,  shall  be  in  lieu  of  such  salary,  and  the 
department  or  company  to  which  he  may  be  at- 
tached shall  not  be  or  be  held  liable  for  the  pay- 
ment of  any  claim  or  demand  for  services  there- 
after rendered  by  the  individual  so  relieved  or  Re- 
tired from  fire  dutj'  in  said  department  or  com- 
pany; and  the  amount  of  such  pension  or  allow- 
ance shall  be  determined  upon  the  following  con- 
ditions: In  case  of  total  permanent  disability 
caused  or  induced  by  the  actual  performance  of 
his  duties,  or  which  may  occur  after  ten  years' 
actual  and.  continuous  service  in  the  said  fire  de- 
partment or  company,  the  amount  of  annual  pen- 
sion to  be  allowed  shall  be  one-half  of  the  annual 
compensation  allowed  such  officer  or  member  as 
salary  at  the  date  of  his  retirement  from  service, 
or  such  less  sum  in  proportion  to  the  number  of 
persons  in  receipt  of  an  allowance  from  said  fund 
as  its  condition  will  warrant,  the  same  to  be  de- 
termined by  said  governing  body.  In  case  of  total 
permanent  disability,  not  caused  in  or  induced  by 
the  actual  performance  of  the  duties  of  his  posi- 
tion, or  which  shall  have  occurred  before  the  ex- 
piration of  ten  years' active  and  continuous  service 
in  said  fire  department  or  company,  the  amount 
of  annual  pension  to  be  allowed  shall  be  one- 
rhird  of  the  annual  compensation  allowed  such 
officer  or  niembei-  as  salary  at  the  date  of  his  re- 
tirement from  service,  or  such  less  sum  in  propor- 
tion to  the  number  of  persons  in  receipt  of  an  al- 
lowance from  said  fimd  as  its  condition  will  war- 
rant, tlie  same  to  be  determined  by  said  governing 


Appendix.  1027 

body.  In  case  of  partial  permanent  disability- 
caused  in  or  induced  by  the  actual  performance  of 
tlie  duties  of  bis  position,  or  wbicb  may  occur 
after  ten  years'  active  and  continuous  service  in 
such  fire  department  or  company,  the  ofiicer  or 
member  so  disabled  sliall  be  relieved  from  active 
service  at  fires,  but  shall  remain  a  member  of  the 
department  or  company,  subject  to  the  rules  gov- 
erning the  same,  and  to  the  performance  of  such 
other  duties  as  the  medical  officer,  designated  by 
said  governing  body,  may  certify  him  to  be  qual 
ified  to  perform;  and  the  annual  compensation  to 
be  paid  such  officer  or  member  shall  be  one-half 
of  the  annual  compensation  allowed  him  as  salary, 
at  the  date  of  his  being  so  relieved,  or  such  less 
sum  in  proportion  to  the  number  of  persons  in  re- 
ceipt of  an  allowance  from  said  fund  as  its  con- 
dition will  warrant,  the  same  to  be  determined  by 
said  governing  body.  In  case  of  partial  permanent 
disability  not  caused  in  or  induced  by  the  actual 
performance  of  the  duties  of  his  position,  or 
which  mas'  occur  before  ten  years'  active  and  con- 
tinuous service  in  said  fire  department  or  com- 
pany, the  officer  or  member  so  disabled  shall  be  re- 
lieved from  active  service  at  fires,  but  shall  re- 
main a  member  of  said  department  or  company, 
subject  to  the  rules  governing  the  same,  and  to 
the  performance  of  such  duties  as  the  medical 
officer  designated  by  said  governing  body  may 
certify  him  to  be  qualified  to  perform,  and  the  an- 
nual allowance  to  be  paid  such  officer  or  member 
shall  not  exceed  one-third  of  the  annual  compen- 
sation allowed  liim  as  salary,  at  the  date  of  his 
being  so  relieved,  or  such  less  sum  as  the  said  gov- 
erning body  may,  in  their  discretion,  determine, 
or  as  the  condition  of  the  fund  will  warrant.  If 
any  officer  or  member  of  said  department  or  com- 
pany, or  retired  officer  or  member  of  said  depart- 
ment or  compan}%  shall  die  while  in  the  service  of 
the  same,  or  while  so  retired,  and  shall  leave  a 
widow,  or  if  no  widow,  a  child  or  children  under 
the  age  of  sixteen  years,  a  sum  not  exceeding  five 
hundred  dollars,  or  sucli  less  sum  as  in  the  opin- 
ion of  the  governing  body  tlie  circumstances  may 
require,  or  "the  condition  of  the  fund  warrant,  by 
way  of  annuity,  shall  be  paid  to  such  widow,  so 
long  as  she  remains  unmarried,  or  to  such  child 


1028  Appendix. 

or  c-hil(lren,  so  long  as  the  youngest  of  said 
children  continues  under  the  age  of  sixteen 
years.  In  every  such  case,  the  said  govern- 
ing body  shall  determine  the  circumstances 
thereof,  and  order  payment  of  the  annuity 
to  be  made  in  such  proportion  to  the  various 
representatives,  in  case  there  be  more  than  one, 
as  they  may  deem  just;  but  nothing  herein  con- 
tained shall  render  any  payment  of  said  annuity 
obligatoi-y  on  said  governing  bodj',  or  chargeable 
as  a  matter  of  legal  right,  and  such  bodj-  may  at 
any  time  order  said  annuity  to  be  reduced  or  to 
cease.  No  allowance  or  pension  shall  be  given  or 
made  in  any  case  where  the  disability  or  death 
is  the  result  of  any  unlawful  or  immoral  act  or 
conduct  on  the  part  of  the  individual  disabled  or 
dying. 
Rules  and  regulations. 

Sec.  5.  The  respective  governing  bodies  in  this 
act  referred  to  are  hereby  authorized  and  empow- 
ered to  make  such  further  and  other  riiles  and 
regulations,  not  inconsistent  with  the  provisions  of 
this  act,  as  they  may  deem  requisite  for  the 
proper  management  and  disposition  of  said  relief 
fund. 

Sec.  6.    This  act  shall  talie  effect  immediately, 
but  shall  not  be  construed  to  affect  any  premiums 
heretofore  collected  or  paid. 
Manner  of  bringing  action  to  recover  moneys  due. 

Sec.  7.  All  actions  hereafter  commenced  for  the 
recovery  of  any  moneys  now  due  or  payable,  or 
Avhich  may  hereafter  become  due  or  payable,  un- 
der the  provisions  of  section  one  of  this  act  ("An 
act  to  require  the  payment  of  certain  premiums 
to  counties  and  cities  and  counties  b.v  fii'e  insur- 
ance -companies  not  organized  under  the  laws  of 
the  state  of  California,  but  doing  business  therein, 
and  providing  for  the  disposition  of  such  pre- 
miums"*), shall  be  brought  and  prosecuted  in  the 
name  of  the  county  or  city  and  county  wherein 
the  same  are  or  may  be  payable,  and  against  such 
pei'son  as  shall  have  acted  as  agent  for  or  on  be- 
half of  such  corporation  or  company,  and  such 
corporation  or  companv.  [New  section  approved 
March  4,  1887;  Stats.  1887,  p.  15.  In  effect  imme- 
diately.] 


Appendix.  1029 

An  Act  to  exempt  firemen  in  Nevada,  Placer,  El 
Dorado,  Alameda,  and  Siskiyou  counties  from 
the  payment  of  poll  tax. 

[Approved  March  27,  1874;  Statutes  1873-4.  p.  731.] 

An  act  to  authorize  the  board  of  supervisors  of 
Santa  Clara  county  to   exempt  firemen   from 
the  payment  of  poll  taxes  for  county  purposes. 
[Approved  March  30,  1874;  1873-4,  825.] 

An  act  to  provide  for  increasinsj  the  efficiency  of 
tire  departments  within  municipalities  of  the 
first  class  in  the  state  of  California. 

[Stat,  approved  March  4,  1897;  Stats.  1897,  chap. 
Ixx.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.  Whenever  the  public  interest,  safe- 
ty, or  convenience  may  require,  or  it  be  deemed 
expedient,  the  city  council  of  any  municipality 
of  the  first  class  may,  by  ordinance,  make  and  en- 
force such  rules  and  regulations  within  said  mu- 
nicipality as  may  be  necessary  or  proper  for  in- 
creasing the  efficiency  of  its  fire  department,  and 
to  that  end,  among  other  things,  may  provide  for 
and  authorize  the  appointment  and  continued  em- 
ployment of  such  officers,  engineers,  members, 
firemen,  employees,  and  other  help  in  and  for 
said  fire  department,  in  addition  to  those  whose 
employment  is  now  or  may  be  hereafter  authorized 
by  law,  as  the  needs  of  said  department  may  re- 
quire; and  may  fix  their  salaries  and  compensa- 
tion, and  may  increase  the  salaries  and  compen- 
sation of  the  officers,  engineers,  members,  firemen, 
employees,  and  other  help  now  or  hereafter  au- 
thorized by  law,  whose  salaries  and  compensation, 
as  noAV  or  liereafter  fixed,  may  be  deemed  inade- 
quate. And  said  city  council  may  in  like  man- 
ner provide  for  the  purchase  and  repair,  and  au- 
thorize to  be  purchased  and  kept  in  repair,  in  ad- 
dition to  tliose  for  the  purchase  and  repair  of 
which  provision  is  now  or  may  be  hereafter  made 
by  law,  all  additional  engines,  horses,  hook  and 
ladder  wagons,  and  all  such  other  engines,  ma- 
chinery, implements,  extinguishers,  and  other  ap- 


1030  Appendix. 

paratus  that  may  be  necessary,  advantageous,  or 
auxiliary  to  extinguish  or  afford  adequate  protec- 
tion against  fire.  And  in  order  to  provide  the 
necessary  funds  with  which  to  accomplish  the 
foregoing  ends,  may  make  all  necessary  and  sup- 
plementary appropriations,  allowances,  and  pay- 
ments in  addition  to  those  now  or  hereafter  au- 
thorized by  law. 

See.  2.  The  ofiicers,  engineers,  members,  fire- 
men, employees,  and  other  help  to  be  appointed 
as  provided  in  section  one  of  this  act,  shall  be  ap- 
pointed, governed,  and  controlled  in  the  same 
manner  and  by  the  same  laws  as  their  fellow  ofii- 
cers, engineers,  members,  firemen,  employees,  and 
other  help  whose  appointment  is  now  or  may  be 
hereafter  authorized  by  law  are  appointed,  gov- 
erned, and  controlled.  The  engines,  wagons,  ma- 
chinery, implements,  extinguishers,  and  other  ap- 
paratus, the  purchase  and  repair  of  which  are  au- 
thorized by  section  one  of  this  act,  shall  be  pur- 
chased and  repaired  in  like  manner  and  under  the 
same  regulations  as  like  articles,  the  purchase  and 
repair  of  which  are  now  or  may  be  hereafter  au- 
thorized by  law  are  purchased  and  repaired. 

Sec.  3.  The  term  "City  Council,"  as  used  in  this 
act,  is  hereby  declared  to  include  any  body  or 
bodies,  board  or  boards,  which,  under  law,  con- 
stitute the  legislative  department  of  any  munici- 
pality of  the  first  class. 

Sec.  4.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

An  act  relating  to  fire  departments  of  municipal- 
ities of  the  first  class,  and  fixing  the  salaries 
of  officers  thereof. 

[Stat,  approved  March  27,  1897;  Stats.  1897,  chap, 
cxxxii.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  In  municipalities  of  the  first  class 
the  following  ofiicers  of  its  fire  department  shall 
receive  the  following  salaries  per  annum: 

Chief  engineers,  five  thousand  dollars. 

Assistant  chief  engineer,  three  thousand  six  hun- 
dred dollars. 

Secretary,  or  clerk,  three  thousand  dollars. 


Appendix.  1031 

Assistant  engineers,  two  tliousand  one  hundred 
dollars   each. 

Veterinary  surgeons,  one  thousand  eight  hun- 
dred dollars. 

Said  salaries  shall  be  paid  in  the  same  manner 
as  is  now  provided  by  law. 

Sec.  2.    This  act  shall  take  effect  immediately. 

An  act  similar  to  this  was  passed  at  the  same 
session:  Ch.  60,  laws  of  1897. 


FISH   AND    GAME   WAEDEN     AND    COMMIS- 
SIONERS. 

An  act  to  create  the  office  of  fish  and  game  war- 
den, and  to  prescribe  the  powers,  duties,  and 
salary  of  such  officer. 

[Stat,  approved  March  26,  1805;  Stats.  1895,  chap, 
clxv.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  The  board  of  supervisors  of  each  and 
every  county  in  the  state  may,  in  its  discretion,  at 
their  first  meeting  held  in  April,  eighteen  hundred 
and  ninety-five,  and  at  their  first  meeting  held  in 
January,  "eighteen  hundred  and  ninety-seven,  and 
in  .January  every  two  years  thereafter,  appoint  a 
suitable  person  to  serve  for  the  period  of  two 
years  from  the  date  of  his  appointment  as  fish  and 
game  warden  of  the  county,  which  office  is  here- 
by created;  provided,  that  the  person  so  appoint- 
ed in  April,  eighteen  hundred  and  ninety-five  shall 
hold  office  only  until  January,  eighteen  hundred 
and  ninety-seven,  and  until  his  successor  is  ap- 
pointed and  qualifies. 

Sec.  2.  Said  fish  and  game  warden  shall  en- 
force the  state  laws,  and  all  county  and  municipal 
ordinances  relating  to  the  protection  of  fish  and 
game,  and  he  shall  be  vested  with  all  the  powers 
of  a  peace  officer  to  make  arrests  for  the  violation 
of  such  laws  and  oi-dinances. 

Sec.  3.  The  salai'y  of  said  fish  and  game  war- 
den is  liereby  fixed,  in  accordance  with  the  class- 
ification of  counties,  as  follows: 

Sec.  4.  For  counties  of  the  first,  second,  and 
third  classes,  one  hundred  dollars  per  month;  for 
counties    of    the  fourth,  fifth,  and  sixth  classes, 


1032  Appendix. 

the  sum  of  seveuty-tive  dollars  per  month;  for 
counties  of  the  seventh,  eighth,  ninth,  and 
tenth  classes,  the  sum  of  sixty  dollars  per 
month,  and  for  all  other  classes  from  the  elev- 
enth to  the  fifty-third,  inclusive,  the  sum 
of  fifty  dollars  per  month.  In  addition  there- 
to said  Avarden  shall  be  allowed  a  sum  not  to  ex- 
ceed twenty-five  dollars  per  month  for  expenses 
incurred  by  him  in  the  performance  of  his  duties. 
Said  salary  and  expenses  incurred  must  be  paid 
monthly  from  the  county  treasury.  Said  fish  au<l 
gama  warden  shall,  before  entering  upon  the  dis- 
charge of  his  duties,  execute  a  bond  with  sureties 
in  such  sum  as  may  be  required  by  the  board  of 
supervisors,  for  the  faithful  and  proper  discharge 
of  his  duties  as  such  fish  and  game  warden.  Said 
warden  shall  report  quarterly  to  the  board  of  su- 
pervisors of  his  county,  giving  a  detailed  state- 
ment of  all  arl-ests  made,  convictions  had,  fines 
collected,  and  generally  in  regard  to  the  man- 
agement of  his  office.  Such  officers  may  be  re- 
moved by  tlie  board  of  supervisors  for  intemper- 
ance, neglect  of  duty,  or  other  good  and  sufl3cient 
reasons. 

Sec.  .5.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  act  to  provide  for  removing  obstructions  in  Pitt 
river,  above  the  mouth  of  Hat  creek,  so  as  to 
enable  salmon  to  reach  the  spawning  grounds 
on  tlie  upper  waters  of  said  river  and  its  trib- 
utaries. 

[Approved  April  16.1880;  1880,  104  (Ban.  ed.  .343).] 
Three  thousand  dollars  was  appropriated  for  the 

purpose  indicated. 

An  act  to  provide  for  the  constniction,  mainten- 
ance, and  regulation  of  fish  ways  in  streams 
naturally  frequented  by  salmon,  shad,  and 
other  migratory  fish. 

[Approved  April  IG,  1880;  1880,  121  (Ban.  ed.  387).] 
Dutv  of  fish  commissioner. 

Section  1.  It  shall  be  the  duty  of  the  state 
board  of  fish  commissionei-s  to  examine,  from  time 
to  time,  all  dams  and  artificial  obstructions  in  all 
rivers  or  streams  in  this  state,  naturally  frequent-, 


Appendix.  1033 

ed  by  salmon,  sbad,  or  other  migratory  fish,  and 
if,  in  tlieir  opinion,  tliere  is  not  free  passage  for 
flsli  over  or  around  any  dam  or  artificial  obstruc- 
tion, to  notify  tlie  owners  or  occupants  thereof  to 
provide  the  same  within  a  specified  time  with  a 
durable  and  efficient  fish  way,  of  such  form  and 
capacity  and  in  such  location  as  shall  be  deter- 
mined by  the  fish  commissioners,  or  persons  au- 
tliorized  by  them.  If  such  fisli  way  is  not  com- 
pleted to  the  satisfaction  of  said  commissioners 
within  the  time  specified,  the  owners  or  occupants 
of  such  dam  or  artificial  obstruction  sliall  be  deem- 
ed guilty  of  a  misdemeanor,  and  may  be  prose- 
cuted by  action,  on  complaint  before  any  jus- 
tice's court  or  justice  of  the  peace  in  the  county 
where  such  dam  or  artificial  obstruction  is  situ- 
ated, and,  on  conviction,  shall  be  fined  two  hun- 
dred and  fifty  dollars,  and  the  plaintiff  shall  re- 
cover full  costs;  and  one-half  of  such  fine  shall  be 
for  the  lienefit  of  and  shall  be  paid  to  tlie  person 
making  the  complaint,  and  tlie  other  half  shall  be 
paid  into  the  state  treasury  for  the  benefit  of  the 
fund  for  "preservation  and  restoration  of  fish," 
and  may  be  expended  by  the  state  board  of  fish 
commissioners,  in  their  discretion,  for  the  obstruc- 
tion and  maintenance  of  fish  ways. 
Owners  of  dams  to  Ivcep  same  in  repair,  etc. 

Sec.  2.  It  shall  be  incumbent  upon  the  owners 
or  occupants  of  all  dams  or  artificial  obstructions, 
wliere  the  state  board  of  fish  commissioners  re- 
quire such  fish  ways  to  be  provided,  to  keep  the 
same  in  repair,  and  open,  and  free  from  obstruc- 
tions to  the  passage  of  fish  at  all  times;  and  any 
owner  or  occupants  of  any  such  dam  or  artificial 
obstruction  who  neglects  or  refuses  to  keep  such 
fish  way  in  repair,  and  open,  and  free  from  ob- 
struction to  tlie  passage  of  fish,  shall  be  guilty  of 
a  misdemeanor,  and  subject  to  the  same  fine,  and 
which  shall  be  recovered  in  the  same  manner,  and 
apidied  to  the  same  purposes,  as  provided  in  sec- 
tion one  of  this  act. 
Injuring  fisli  ways,  etc. — Misdemeanor. 

Sec.  ?>.    Any  person  who  shall  willfully  or  know- 
ingly destroy,  injure,  or  obstruct     any  such  fish 
way,  or  any  person  who  shall  at  any  time  take  or 
catch  any  salmon,  shad,  or  other  migratory  fish 
Pol.  Code— 87. 


1034  Appendix. 

or  trout,  except  by  hook  and  line,  within  three 
hundred  feet  of  any  tish  way  required  by  the  state 
board  of  fish  commissioners  to  be  provided  and 
kept  open,  or  shall  talce  or  catch  any  such  fish  in 
any  manner  witliin  fifty  feet  of  such  fish  way, 
shall  be  guilty  of  a  misdemeanor,  and  subject  to 
the  same  flue,  which  shall  be  recovered  in  the 
same  manner  and  applied  to  the  same  purposes,  as 
provided  in  section  one  of  this  act. 

Sec.  4.    This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


Consult  the  following  acts: 

"t 
An  act  to  authorize  the  board  of  fish  commission- 
ers of  this  state  to  build  and  maintain  a  sal- 
mon liatchery,  and  providing  ways  and  means 
therefor. 
[Approved  March  9,  1885;  Stats.  1885,  p.  31.] 


An  act  to  authorize  the  board  of  fish  commission- 
ers of  this  state  to  construct  a  steam  launch 
to  aid  in  carrying  out  the  purposes  of  said 
board,  and  providing  for  the  payment  of  claims 
incurred  in  such  construction. 
[Approved  March  12,  1885;  Stats.  1885.  p.  124.] 

An  act  to  authorize  the  board  of  fish  commission- 
ers of  the  state  of  California  to  purchase  or 
construct  a  gasoline  launch,  to  aid  in  carrying 
out  the  purposes  of  said  board,  and  appropri- 
ating money  therefor. 

[Stat,  approved  March  31,  1897;  Stats.  1897,  chap, 
ccxxix.] 

An  act  to  authorize  the  board  of  fish  commission- 
ers to  dispose  of  the  hatchery  located  on  Bat- 
tle Creek,  in  Tehama  county,  and  to  expend 
tlie  proceeds  of  the  same. 

[Stat,  approved  March  9,  1897;  Stats.  1897,  chap. 
Ixxxvi.] 


Appendix.  1035 

An  act  to  authorize  tlie  state  board  of  fish  com- 
missioners to  import  game  birds  into  the  state 
for  propagation,  and  to  appropriate  money  for 
that  purpose,  and  providing  a  penalty  for  the 
shooting,  trapping,  killing,  or  otherwise  de- 
stroying any  of  said  birds  within  this  state. 
[Approved  xMarch  IG,  1S89;  1889,  304.] 

GOVERNOR. 

An  act  to  authorize  the  governor  to  employ  a 
stenographer  for  his  office,  and  to  provide  for 
the  payment  of  his  salary. 

[Approved  January  15,  1891;  Stats.  1891,  p.  1.] 

Section  1.  The  governor  of  California  is  hereby 
authorized  to  appoint  a  stenographer  to  assist  him 
in  the  duties  of  his  office,  and  who  shall  serve 
during  his  pleasure.  He  shall  perform  such  du- 
ties as  may  be  assigned  him  by  the  governor 
from  time  to  time.  The  salary  of  such  stenograph- 
er shall  be  sixteen  hundred  dollars  per  annum, 
payable  as  the  salary  of  state  officers. 

Sec.  2.  The  sum  of  eight  hundred  dollars  is 
hereby  appropriated  out  of  the  general  fund  of  the 
state  treasury  for  the  payment  of  the  salary  of 
the  stenographer  during  the  forty-second  fiscal 
year. 

Sec.  3.  This  act  shall  take  effect  from  and  after 
its  passage. 

An  act  to  provide  for  the  purchase  of  certain  por- 
traits by  the  state  board  of  examiners,  and  to 
appropriate  money  thex'efor. 

[Approved  March  15,  1883;  1883,  367.] 
See  also  the  act  to  purchase  the  picture  of  ex- 
Governor  MacDougall,  approved  March  11,   1897; 
Stats.  1897,  ch.  100. 


HARBOR   COMMISSIONERS. 

An  act  to  provide  penalties  for  failure  to  pay  tolls. 

by  false  returns  or  otherwise,  to  any  board  of 

state  harbor  commissioners  of  the  state  of  Cal- 

iforn'a. 

[Approved  March  10,  1891;  Stats.  1891,  p.  27.] 

Section  1.    Any  person,  corporation,  firm,  or  as- 


1036  Appendix. 

sociation  who  shall,  by  false  returns,  or  in  any 
manner,  avoid  the  payment  of  all  or  any  portion  of 
any  tolls  that  may  be  due  to  any  board  of  state 
harbor  c-ommissioners  of  the  state  of  California, 
from  any  source  or  cause,  as  provided  for  by  law 
and  the  rules  and  regulations  of  said  board,  shall 
be  liable  for  and  shall  pay  to  said  board  twice  the 
amount  of  such  tolls,  and  in  addition  thereto  the 
sum  of  ten  dollars  over  and  above  such  amount. 

Sec.  2.  This  act  shall  take  effect  from  and  after 
its  passage. 

An  act  to  extend  the  jurisdiction  of  the  board  of 
state  harbor  commissioners  over  East  Street, 
San  Francisco. 
[Approved  March  31,  1S91;  Stats.  1891,  p.  261.] 

Section  1.  That  portion  of  East  street,  between 
Pacific  and  Folsom  streets,  in  the  city  and  coun- 
ty of  San  Francisco,  which  has  heretofore  been 
under  the  jurisdiction  of  the  board  of  supervis- 
ors of  said  city  and  county,  is  hereby  placed  un- 
der the  jurisdiction  of  the  board  of  state  harbor 
commissioners. 

Sec.  2.  The  board  of  state  harbor  commission- 
ers is  hereby  authorized  and  directed  to  assume 
control  of  said  street  witliin  the  limits  defined  in 
section  one,  and  to  operate  the  same  as  required 
by  law  for  other  portions  of  the  water  front. 

Sec.  o.  This  act  shall  take  effect  from  and  after 
its  passage. 

An  act  to  empower  the  board  of  state  harbor  com- 
missioners to  rectify  the  alignment  of  East 
street,  from  Pacific  street  to  Market  street,  in 
the  city  and  county  of  San  Francisco,  and  to  ] 
sell,  acquire,  and  condemn  adjacent  prop- 
erty. 

[Approved  March  31,  1891;  Stats.  1891,  p.  270.] 
Section  1.    The  board  of  state  harbor  commis-J 
sioners  is  hereby  authorized  and  directed  to  recti^ 
fy  the  alignment  of  East  street,  between  Pacific 
street  and  Mai'ket  street,  in  the  city  and  count, 
of  San  Francisco,  said  rectification  to  be  done  sc 
as  to  straighten  the  property  lines  and  give  as 
wide  and  commodious  a  thoroughfare  as  the  trai| 
fie  may  demand. 


Appendix.  1037 

Sec.  2.  In  no  case  shall  the  alignment  of  the 
westerly  side  of  said  thoroughfare  extend  east  of 
the  inner  line  of  the  thoroughfare  as  now  estab- 
lished and  defined  by  law. 

Sec.  3.  The  jurisdiction  of  the  said  board  shall 
be  westerly  to  the  line  as  established  under  this 
act. 

Sec.  4.  The  board,  in  carrying  out  this  law, 
shall  have  the  power  to  purchase  and  sell,  and  to 
exchange,  upon  a  legal  and  equitable  basis,  any 
portion  or  portions  of  the  property  adjacent  to  the 
westei'ly  line  of  the  thoroughfare  herein  pro- 
vided for;  and  a  full  record  of  their  proceedings 
shall  be  entered  upon  their  minutes,  and  a  sworn 
statement  of  all  transfers,  sales,  and  purchases, 
and  other  transactions,  shall  be  filed  with  the  sec- 
retary of  state.  Said  statements  shall  show  in 
full  all  payments  and  receipts,  itemized  so  as  to 
definitely  exhibit  the  price  or  prices  of  each  parcel 
of  laud  transferred. 

Sec.  5.  In  case  of  failure  on  the  part  of  the  in- 
terested parties  to  come  to  a  satisfactory  agree- 
ment, the  board  shall  have  the  power  to  condemn, 
as  in  otiier  cases,  for  public  purposes. 

Sec.  6.  This  act  shall  talce  effect  from  and  after 
its  passage. 


An  act  to  authorize  the  board  of  state  harbor 
commissioners  to  construct  railroads  over  state 
lands,  and  lands  within  their  jurisdiction, 
along  the  exterior  water  front  line  of  the  city 
and  count  J'  of  San  Francisco,  and  to  regulate 
the  use  of  the  same. 

[Approved  ?tlarch  19,  1889;  1889,  388.] 

To  construct  railroads,  bridges,  etc. 

Section  1.  The  board  of  state  harbor  commis- 
sioners is  hereby  authorized  to  construct  railroads, 
bridges,  and  draAv  bridges,  over  any  state  lands, 
or  lands  within  its  jurisdiction  and  control,  along 
the  extc-rior  water  front  of  the  city  and  county 
of  San  Francisco,  and  across  the  outlet  of  but  not 
along  anj'  water  liighway  or  open  canal  extending 
inland. 

To  permit  the  use  of  railroads  to  railroad  compa- 
nies. 
Sec.  2.    The  board  of  state  harbor  commission- 


1038  Appendix. 

ers  shall  have  the  power,  and  it  shall  be  its  duty, 
to  adopt  such  regulations  as  it  shall  deem  proper, 
from  time  to  time,  to  secure  to  any  and  all  rail- 
road companies  now  or  hereafter  receiving  or  de- 
livering freight  and  passengers  within  the  city  and 
county  of  San  Francisco,  on  equal  terms,  the 
right  to  use  the  railroad  so  constructed  for  the 
transportation  of  their  engines,  trains,  and  cars, 
upon  such  terms  of  payment  to  the  board  of  state 
harbor  commissioners  for  the  state  of  California, 
and  under  such  restrictions,  as  the  said  board  shall 
deem  just.  The  said  board  shall  also  have  the 
power,  f.nd  it  shall  be  its  duty,  from  time  to  time, 
as  occasion  therefor  may  arise,  to  adopt  just  and 
reasonable  regulations  to  prevent  the  passage  of 
engines,  trains,  or  cars  over  said  road  across  the 
streets  of  the  city  and  county  of  San  Francisco,  at 
such  hours  and  in  such  manner  as  may  interfere 
with  the  safe  and  convenient  use  of  said  streets. 
Upon  the  adoption  of  any  regulation  or  amend- 
ment thereof  under  this  section,  a  copy  shall  be 
immediately  furnished  by  the  said  board  to  all 
persons,  companies,  and  corporations  using  said 
railroad. 

Sec.  3.    All  acts  and  parts  of     acts  in  conflict 
with  this  act  are  hereby  repealed. 


An  act  to  authorize  and  empower  the  board  of 
state  harbor  commissioners  to  institute     con- 
demnation proceedings  against  certain    prop- 
erty on  the  corner  of  Market,  Sacramento,  and 
East  streets,  in  the  city  and  county     of     San 
Francisco,  and     extending     their    jurisdiction 
over  the  same. 
[Approved  March  26,  1895;  Stats.  1895,  p.  79.] 
Section  1.    For  the  purpose  of     acquiring     ter-j 
rainal  facilities  for  the  landing  of  passengers  to 
and  from  the  passenger  and  ferry  depot  at  the! 
foot  of  Marli^et  street,  in  the  city  and  county  of] 
San  Francisco,  the  board  of  state  harbor  commis- 
sioners  is   hereby  authorized  and   empowered  to] 
institute  condemnation  proceedings  in  the  supe- 
rior court  of  the  city  and  county  of  San  Francisco, 
against  all  parties  in  interest  claiming  any  title 
in  and  to  that  certain  lot,  piece,  or  parcel  of  land 


Appendix.  1039 

iu  the  city  and  county  of  San  Francisco,  bounded 
and  described  as  follows,  to  wit: 

Commencing  at  a  point  on  tlie  westerly  line  of 
East  street,  distant  thereon  sixty  (60)  feet  and 
four  (4)  inches  northerly  from  the  northwesterly 
corner  of  the  intersection  of  the  northerly  line  of 
Market  street  with  said  westerly  line  of  East 
street;  thence  southerly  along  said  westerly  line 
of  East  street  sixty  (60)  feet  and  four  (4)  inches 
to  the  intersection  of  said  line  of  East  street  with 
tlie  northerly  line  of  Market  street;  thence  west- 
erly along  the  northerly  line  of  Market  street 
eighteen  1(18)  feet  and  six  (6)  inches  to  the  inter- 
section of  the  northerly  line  of  Market  street  with 
the  north  line  of  Sacramento  street;  thence  west 
along  the  north  line  of  Sacramento  street  seventy- 
nine  (79)  feet  and  eleven  (11)  inches  to  a  point  on 
said  nortli  line  of  Sacramento  street;  thence 
northeasterly  to  the  point  of  beginning. 

Sec.  2.  The  inshore  limit  of  the  jurisdiction  of 
said  board  shall  be,  and  is  hereby,  extended  so  as 
to  include  the  lot  of  land  described  in  section  one 
of  this  act. 

Sec.  3,  The  board  of  state  harbor  commission- 
ers may  institute  any  action  or  actions,  and  prose- 
cute the  same  to  final  judgment  for  the  condem- 
nation of  any  portion  of  the  premises  described 
in  section  one  of  this  act,  and  the  purposes  herein 
mentioned  are  hereby  declared  to  be  a  public  use 
in  which  the  right  of  eminent  domain  may  be  ex- 
ercised by  the  board  of  state  harbor  commission- 
ers iu  the  name  of  the  people  of  the  state,  for  the 
estates  and  rights,  and  in  the  manner  provided 
in  part  three,  title  seven,  of  the  Code  of  Civil  Pro- 
cedure of  this  state. 

Sec.  4.  The  board  of  state  harbor  commission- 
ers is  hereby  authorized  to  pay  any  judgment  ren- 
dered against  them  in  such  condemnation  pro- 
ceedingp,  by  a  draft  drawn  upon  the  controller  of 
the  state,  who  shall  draw  his  warrant  therefor 
on  the  state  treasury,  payable  out  of  any  money 
in  said  treasury  credited  to  the  San  Francisco 
harbor  improvement  fund. 

Sec.  5.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 


1040  Appendix. 


An  act  to  authorize  tlie  state  board  of  harbor 
commissiouers  to  establish  and  maintain  a 
free  public  market  upon  the  water  front  of 
San  Francisco,  and  providing  for  the  expenses 
and  regulations  thereof. 

[Approved  March  29,  1897;  Stats.  1S97,  ch.  175.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  The  board  of  state  harbor  commis- 
sioners shall  set  apai't  upon  some  convenient  por- 
tion of  the  water  front  of  San  Francisco,  a  suffi- 
cient number  of  docks  and  piers,  which  must  be 
contiguous  to  each  other,  for  the  reception  of  all 
perishable  products,  arriving  by  rail,  boat,  or 
other  conveyances,  including  fruit,  vegetables, 
eggs,  poultry,  game,  dairy  products  and  fisli 
coming  into  San  Francisco,  and  shall  permit  the 
sale  of  such  products  thereon,  by  or  for  account 
of  producers  only,  under  such  regulations  as  may 
be  proscribed  by  the  said  harbor  commissioners 
and  as  the  public  convenience  may  require. 

Sec.  2.  The  docks  and  piers  so  set  apart  for  a 
free  public  market  shall  be  as  convenient  as  pos- 
sible to  that  poi'tion  of  the  city  and  county  of  San 
Francisco  in  which  the  principal  wholesale  trade 
in  perishable  products  is  now  carried  on,  and 
must  be  so  situated  as  to  be  accessible  to  all 
water  craft  ordinarily  employed  in  carrying  such 
products  upon  the  waters  of  San  Francisco  bay, 
and  vessels  so  loaded  shall  have  the  preference  in 
docking  at  said  wharves  over  others  not  so  en- 
gaged. 

Sec.  3.  Docking  room  at  said  piers  shall  be  as- 
signed without  partiality  to  all  vessels  engaged 
in  the  transportation  of  such  products,  and  the 
space  assigned  shall  be  sufhcient  to  permit  such 
vessels  regularly  running  upon  a  route  to  receive 
and  discharge  tlieir  entire  cargoes  of  such  prod- 
ucts at  siich  piers,  if  they  so  desire.  The  harbor 
commissioners  shall  construct  car  tracks  to  con- 
nect the  docks  and  piers  so  set  apart  for  the  free 
public  market  with  the  belt  railroad.  For  the 
use  of  these  tracks  the  state  harbor  commission- 
ers shall  prescribe  such  regulations  as  public  con- 


Appendix.  1041 

venience  may  require,  and  fix  the  compensation 
to  be  paid  by  tlie  companies  making  use  of  them 
for  this  purpose. 

Sec.  4.  The  harbor  commissioners  must  con- 
struct suitable  tramways  and  tracks  or  other  de- 
vices for  the  rapid  conveyance  of  perishable  prod- 
ucts from  car  or  boat  or  other  convej^ance,  to  the 
stalls  in  the  free  market,  and  operate  the  same. 

Sec.  5.  The  harbor  commissioners  shall  assign 
space  within  the  free  market  to  all  producers  of 
perishable  products,  under  such  regulations  as  the 
harbor  commissioners  may  prescribe.  No  rental 
shall  be  charged  for  space  in  the  free  market. 
Any  violation  of  this  act,  or  of  the  regulations 
made  pursuant  thereof,  shall  exclude  the  person 
or  firm  guilty  of  such  violation  fi-om  the  privilege 
of  selling  in  the  free  market-,  during  the  pleasure 
of  the  harbor  commissioners,  not  exceeding  one 
year  in  addition  to  any  other  penalty  which  may 
be  incurred  thereby. 

Sec.  6.  For  the  payment  of  the  expenses  of 
said  free  market  the  harbor  commissioners  may, 
in  their  judgment,  so  adjust  the  tolls  as  to  pro- 
vide the  necessary  I'evenue. 

Sec.  7.  The  officers  of  said  free  market  shall  be 
a  superintendent  and  assistant  superintendent, 
who  shall  also  be  secretary,  and  such  other  em- 
ployees as  the  state  board  of  harbor  commission- 
ers'may  appoint.  The  salary  of  all  employees  of 
said  free  marlcet  shall  be  fixed  by  the  state  board 
of  harbor  commissioners. 

Sec.  8.  All  officers  and  employees  of  any  market 
on  the  state  property  are  officers  and  employees 
of  the  state,  and  shall  qualify  in  the  same  man- 
ner as  other  employees,  and  give  such  bonds  as 
the  harbor  commisisoners  may  prescribe. 


An  act  to  authorize  the  board     of    state     harbor 
commissioners  to  set  apart  a     portion     of  the 
Avater  front  of  the  city  and     county     of     San 
Francisco  for  certain  purposes. 
[Approved  March  30.  1872;  1871-2,  728.] 
Portion  of  water  front  of  San  Francisco,  for  use 
of  fishermen. 
Section  1.    The  board   of  state  harbor  comm.is- 
sioners  are  hereby  authorized  and  empowered  to 


1042  Appendix. 

set  apart,  for  the  exclusive  use  and  benefit  of  the 
fishermen  of  the  city  and  county  of  San  Francisco, 
such  portion  of  the  water-front  of  said  city  and 
county  of  San  Francisco  as  said  board  of  state  bar 
bor  commissioners  shall  deem  proper  and  adapted 
and  sufficient  for  the  requirements  and  necessi- 
ties of  said  fishermen;  provided,  that  said  portion 
of  the  water-front  of  said  city  and  county  of  San 
P"'rancisco  to  be  set  apart  by  said  board  of  state 
harbor  commissioners  shall  be  used  only  for  the 
legitimate  purposes  and  business  of  said  fisher- 
men, and  no  other. 
Rates  of  wharfage. 

Sec.  2.  The  board  of  state  harbor  commission- 
ers shall  charge  and  collect  for  every  fishing-boat 
in  the  bay  and  liarbor  of  San  Francisco  taking 
advantage  of  the  provisions  of  this  act  such  rent 
or  wharfage  as  they  shall  deem  just  and  proper; 
provided,  they  shall  not  charge  more  than  the 
following  rates,  to  wit:  for  boats  thirty-two  (.32) 
feet  long  or  over,  one  dollar  per  weeli;  for  boats 
twenty -two  feet  long  and  under  thirty-two  feet, 
seventy -five  cents  per  week;  for  smaller  boats, 
fifty  cents  per  week. 
Collecting  officer. 

Sec.  3.  TJie  board  of  state  harbor  commission- 
ers are  hereby  authorized  and  empowered  to  em- 
ploy some  suitable  person  to  collect  the  revenue 
provided  in  the  foregoing  section  of  this  act,  and 
pay  a  proper  compensation  therefor,  not  exceed- 
ing one  hundred  dollars  per  month;  and  the  per- 
son so  employed  shall  be  required  to  file  a  satis- 
factory bond  with  the  commissioners  sufficient  to 
cover  any  amount  of  revenue  which  may  at  any 
time  remain  in  the  hands  of  such  collector.  They 
shall  further  require  the  person  so  appointed  as 
aforesaid  to  keep  a  correct  account  of  all  moneys 
by  him  collected. 
Use  of  moneys  collected. 

Sec.  4.  All  moneys  collected  under  this  act,  af- 
ter deducting  the  salary  provided  to  be  paid  to  the 
collector  mentioned  in  the  preceding  section  of  this 
act,  shall  be  paid  in  to  the  board  of  state  harbor 
commissioners,  and  disposed  of  in  like  manner  as 
other  moneys  collected  by  the  said  board  of  state 
harbor  commissioners. 


Appendix.  1043 

Fishing  boats  mooring  elsewhere. 

Sec.  5.  Tlie  owner  or  owners  of  any  fishing- 
boat  which  shall  be  moored  to  any  portion  of  the 
water-front  of  the  city  and  county  of  San  Fran- 
cisco, except  such  as  shall  have  been  set  apart  for 
that  purpose  by  the  board  of  state  harbor  commis- 
sioners under  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  fined  in  a 
sum  not  less  than  five  dollars  nor  more  than  fifty 
dollars. 

Sec.  6.    This  act  shall  take  effect  immediately. 


An  act  authorizing  and  directing    the     board     of 
state  harbor  commissioners  to  reduce  or  abol- 
ish the  rate  of  docliage,  wharfage,  and  tolls. 
[Approved  March  30,  1872;  1871-2,  797.] 

Reduction  of  rates  of     dockage,  wharfage,     and 
tolls. 

Section  1.  The  board  of  state  harbor  commis- 
sioners are  hereby  authorized  and  directed  to  re- 
duce the  rates  of  dockage,  wharfage,  and  tolls,  or 
to  abolish  the  same,  or  any  of  them,  and  shall,  on 
or  before  the  first  day  of  March,  A.  D.  eighteen 
hundred  and  seventy-two,  reduce  the  same,  so 
that  the  rates  thereafter  to  be  charged  and  col- 
lected shall  not  exceed  fifty  per  cent,  of  the  rates 
charged  at  the  date  of  the  passage  of  this  act. 
Reduction  on  leases. 

See.  2.  Whenever  the  boai'd  reduces  the  rates 
of  dockage,  Avharfage,  or  tolls,  below  the  present 
rates,  they  may  make  a  proportionate  reduction 
on  the  monthly  payments  on  all  leases  of  the 
water-front  leased  by  said  board. 

Sec.  3.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 

An  act  to  authorize  the  board  of  state  harbor  com- 
missioners    to     make     repairs     upon     private 
wharves  In  their  possession. 
[Approved  March  26,  1874;  1873-4.  663.] 

Maintenance  of  wharves. 

Section  1.  The  board  of  state  harbor  commis- 
sioners are  hereby  authorized  and  empowered,  in 


1 044  Appendix. 

their  discretion,  to  repair  and  maintain  any  wharf 
or  wharves  in  tlieir  possession  or  under  their  con- 
trol, notwithstanding  such  wharf  or  wharves  may 
belong  to  private  parties,  and  to  pay  the  expenses 
tliereof  in  the  same  manner  as  is  now  provided 
for  the  repairs  or  maintenance  of  the  wharves  of 
tlie  state;  provided,  however,  that  such  authority 
to  repair  and  maintain  private  wharves  shall  ter- 
minate with  the  termination  of  the  possession  or 
control  of  the  same  on  the  part  of  said  board. 

Sec.  2.  This  act  shall  take  effect  immediately 
after  its  passage. 

An  act  concerning  the  state  harbor  commission- 
ers, and  for  other  purposes. 
[Approved  March  30,  1874;  1873-4,  910.] 

Harbor  of  San  Francisco. 

Section  1.  The  harbor  of  San  Francisco  is 
hereby  placed  under  the  control  of  the  board  of 
state  harbor  commissioners,  and  they  are  author- 
ized to  regulate  the  position  of  ships,  their  moor- 
ings, and  anchorage,  and  generally  to  make  rules 
and  regulations  concerning  them,  with  power  to 
enforce  the  same  as  fully  as  that  formerly  used 
and  exercised  by  the  harbor-master  of  the  city 
and  county  of  San  Francisco. 
Routes  of  ferry-boats. 

Sec.  2.  The  commissioners  shall  keep  the  routes 
of  the  ferry-boats,  passing  in  and  out  of  said  har- 
bor, free  and  open  at  all  times,  so  that  ferry-boats 
can  conveniently  make  their  trips  without  imped- 
iment on  the  part  of  vessels  at  anchor,  or  other 
obstacles. 
Harbor-master. 

Sec.  3.  The  present  harbor-master  of  the  city 
and  county  of  San  Francisco  shall  continue  in 
office  as  such  until  tlie  end  of  the  term  for  which 
lie  Avas  elected,  and  draw  the  salary  allowed  him 
by  law.  He  shall,  during  such  term,  perform  such 
services  in  and  about  the  management  and  regula- 
tion of  said  harbor,  as  the  commissioners  may  re- 
quire of  liim.  At  the  end  of  said  term  said  office 
shall  become  extinct,  and  all  laws  requiring  the 
election  of  such  an  officer  shall  be  deemed  to  be 
repealed  and  abolished,  and  thereafter  all  harbor 


Appendix.  104? 

regulations  and  management  shall  be  performed 
by  the  commissioners  as  hereinafter  provided. 
Duties,  how  performed. 

Sec.  4.  At  the  end  of  the  term  of  oifice  of  the 
present  harbor-master  of  San  Francisco,  either  by 
lapse  of  time,  resignation,  or  otherwise,  the  state 
harbor  commissioners  shall  require  said  duties  to 
be  performed  by  the  chief  wharfinger,  or  other 
executive  oflicer  of  said  board,  as  they  may  deem 
most  advantageous  to  the  public  interests,  but  no 
special  office  shall  be  created  for  that  purpose 
alone. 

Sec.  5.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

An  act  to  authorize  the  board  of  state  harbor  com- 
missioners to  adjust  and-  pay  certain  claims. 
[Approved  March  26,  1874;  1873-4,  664.] 
This  act  provided  for  the  payment  of  so  much 
or  all  of  certain  claims  that  might  be  found  equit- 
ably due,  not  exceetling  twenty-five  thousand  dol- 
lars in  all. 

An  act  to  authorize  the  compromise     of     certain 
litigation  concerning  a  portion  of  the  water- 
front of  the  city  and  county  of  San  Francisco. 
[Approved  April  3,  1876;  1875-6,  905.] 

This  act  authorizes  the  governor,  mayor  of  San 
Francisco,  and  board  of  state  harbor  commission- 
ers to  compromise  and  settle  with  claimants  for 
the  premises  lying  between  Jaclvson  and  Pacific 
streets,  and  outside  of  the  water-front  line  as  es- 
tablished by  the  beach  and  water  lot  act  of  March 
26,  1851.  The  compromise  contemplated  was  to 
accept  deeds  of  the  entire  property  to  the  state, 
and  pay  therefor  such  amount  as  might  be  deter- 
mined on  out  of  the  San  Francisco  harbor  im- 
provement fund. 

Au  act  granting  further  powers  to  the  board  of 
state  harbor  commissioners. 

[Approved  March  .30.  1874;  1873-4,  912.] 

Dredging. 
Section  1.    The  board  of  state  harbor  commis- 
Fol.  Code— 88. 


1046  Appendix. 

sioners  are  hereby  authorized  and  empowered  to 
do  the  dredging  necessary  to  be  done  under  the 
operations  of  said  department,  and  for  that  pur- 
pose to  build  or  purchase  such  dredgers,  barges, 
and  other  engines,  machinery,  and  appliances  as 
may  be  necessary  to  do  and  perform  said  worli, 
and  to  employ  all  necessary  men  and  means  there- 
foi',  and  to  pay  for  the  same  out  of  the  funds  in 
the  state  treasury  to  the  credit  of  said  board,  or 
any  moneys  arising  from  the  revenues  of  the 
wharves  and  doclis  under  their  charge. 

Sec.  2.  This  act  shall  talie  effect  and  be  in 
force  from  and  after  its  passage. 

An  act  to  transfer  certain  funds  in  the  state  treas- 
ury belonging  to  the  state  harbor  commission. 
[Approved  April  3,  1876;  1875-6,  761.] 

Treasurer  to  transfer  funds. 

Section  1.  The  state  treasurer  is  hereby  di- 
rected to  close  the  account  in  his  office  known  as 
the  "San  Francisco  harbor  protection  fund," 
and  to  transfer  the  money  to  its  credit  to  the  ac- 
count of  "San  Francisco  harbor  improvement 
fund." 

Sec.  2.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 


NATIONAL   GUARD. 

An  Act  to  define  the  duties  of  inspectors  of  riflt 

practice  of  the  national  suard  of  California. 

[Approved  IMarch  30,  1878;  1877-8,  758.] 

This  act  was  incoriX)rated  in  the  Political  Code 
in  1897.     See  sec.  2008. 


An  Act  to  reimburse  the  members  of  company  C. 
sixth  regiment  of  infantry,  third  brigade.  Na- 
tional Guard  of  California,  located  at  the  city 
of  Fresno,  for  moneys  expended  by  them  for 
uniforms  and  outfits,  and  appropriating  money 
therefor. 

[Approved  March  16,  1889;  1889,  224.] 

Seventeen  hundred  and  sixty-four  dollars    was 
appropriated  for  the  purposes  indicated. 


Appendix.  1047 

An  Act  to  authorize  tlie  acquisition,  by  donation, 
of  a  site  or  sites  for  camps  of  instruction  for 
tlie  national  guard  of  tlie  state  of  California, 
and  to  improve  ttie  same. 
[Approved  March  9,  1893;  Stats.  1893,  p.  128.] 

Section  1.  The  adjutant-general,  major-general, 
and  the  senior  brigadier-general  of  the  national 
guard  of  the  state  of  California,  are  hereby  ap- 
pointed commissioners  for  the  pui-pose  of  selecting 
a  suitable  site  or  sites  for  camps  of  instruction  for 
the  national  guard  of  the  state  of  California. 

Sec.  2.  After  the  selection  of  such  site  by  the 
commissioners  named  in  the  preceding  section, 
and  their  action  meeting  the  approval  of  the  gov- 
ernor, the  said  commissioners  shall  have  the  pow- 
er to  procure,  by  donation,  any  site  or  sites  so  se- 
lected for  camps  of  instruction.  The  deeds  there- 
for shall  be  duly  executed  to  the  people  of  the 
state  of  California  by  the  attorney  general. 

Sec.  3.  Said  commissioners  shall  also  have  pow- 
er to  make  such  improvements  on  the  grounds 
and  the  approaches  thereto,  and  erect  such  build- 
ings thereon,  as  will  put  the  property  so  selected 
in  a  condition  suitable  for  the  reception  of  organ- 
izations of  the  national  guard  ordered  to  camps 
of  instruction.  The  said  commissioners  are  also 
charged  with  malting  such  repairs  to  buildings 
and  alterations  as  may  from  time  to  time  be  ne- 
cessary. 

Sec.  4.    This  act  shall  take  effect  immediately. 

NAVAL  BATTALION. 

An  Act  to  establish  a  naval  battalion,  to  be  at- 
tached to  the  national  guard  of  California. 
[Approved  March  1,  1893;  Stats.  1893,  p.  62.] 
Consult  the  statutes  of  1893  for  the  act. 

NORMAL  SCHOOLS. 

Consult  the  following  acts: 

An  Act  to  establish  a  branch  state  normal  school 

in  northern  California. 

[Approved  March  9,  1887;  1887,  60.] 


1048     ,  Appendix. 

An  Act  to  establish  a  branch  state  normal  school. 
[ApproA-ed  March  14,  1881;  Stats.  1881,  p.  89.] 
The  Act  established  a  state  normal  school  at 

Los  Angeles.    See  also  Stats.  1883,  p.  281. 

An  Act  to  provide  for  the     construction  and  fur- 
nishing of  an  additional  school  building  for  the 
use  of  the  state  normal  school  at  Los  Angeles, 
California,  and  to  appropriate  money  therefor. 
[Approved  March  9,  1893;  Stats.  1893,  p.  120.] 
Seventy-five  thousand  dollars  was  appropriated 
for  the  purpose  indicated. 

An  Act  to  provide  for  tlie  construction  and  fur- 
nishing of  a  manual  and  gymnasium  building 
for  tlie  use  of  the  state  normal  school  at  Los 
Angeles,  California,  and  to  appropriate  money 
therefor. 

[Approved  March  19,  1889;  1889,  333.] 
Ten  thousand  dollars  w^as  appropriated  for  the 
purpose  indicated. 

An  Act  establishing  a  state  normal  school  in  San 
Diego  county.  California,  and  maliing  an  ap- 
propriation of  fifty  thousand  dollars  therefor. 

[Stats.  Approved  March  13,  1897;  Stats.  1897; 
chap,  cv.] 

Au  Act  to  provide  for  the  erection  of  addi- 
tional buildings  for  the  use  of  the  state  normal 
school  at  San  Jose,  California,  and  malj;ing  an 
appropriation  therefor 

[Approved  April  6.  1891;  Stats.  1891,  p.  497.] 
Thirty-seven  thousand  doUai's  was  appropriated 
for  the  purpose  indicated. 

An  Act  appropriating  the  sum  of  three  thousand 
five  hundred  dollars  for  completing  and  fur- 
nishing the  training  department  building  of  the 
state  normal  school  at  San  Jose,  California. 

[Approved  February  27,  1893;  Stats.  1893.  p.  48.] 


Appendix.  1049 

An  Act  to  authorize  the  trustees  of  the  state  nor- 
mal school  to  construct  a  sidewalk  around  the 
grounds  of  the  state  normal  school  located  in 
the  city  of  San  Jose,  California,  and  to  appro- 
priate money  therefor. 

[Approved  March  Id,  1889;  1889,  210.] 

The  act  appropriated  six  tliousand  four  hundred 
dollars  for  the  purpose  indicated. 

An  Act  to  provide  for  finishing  the  state  normal 
school  building  and  paying     the  indebtedness 
incurred  in  the  construction  thereof. 
[Approved  March  29,  1872;  1871-2,  669.] 
This  act,  as  its  title  imports,  provided  for  the 
completion  of  the  state  normal  school  building  at 
San  Jose. 


An  .Vet  mailing  an  appropriation  for  the  purchase 
of  apparatus  for  the  state  normal  school. 
[Approved  March  23,  1874;  1873-4,  518.] 
This  act  appropriated  three  thousand  dollars  for 
the  purpose  indicated  in  the  title. 

An  .-Vet  to  appropriate  money  to  complete  the  state 
normal  school  building,  and  for  the  improving 
of  the  grounds. 
[Approved  March  25,  1874;  1873-4,  603.] 
This  act  appropriated  twenty-five  thousand  dol- 
lars for  the  purpose  indicated. 

An  Act  to  appropriate  tlie  sum  of  thirteen  thous- 
and dollars  to  malvc  ceilain  repairs  on  the 
state  normal  school  and  to  provide  furniture 
therefor,  and  also  to  provide  for  a  deficiency 
in  the  appropriation  for  the  twenty-sixth  and 
twentv-seventli  fiscal  years,  for  said  school. 
[Approved  March  25,  1876;  1875-6,  482.] 

An  Act  to  provide  for  the  erection  of  a  building 

for  the  use  of  the  normal  school. 
[Approved  April  12,  ISSU;  1880.  40  (Ban.  ed.  192.)] 
By  this  act  one  hundred  thousand  dollars  was 
appropriated  for  the     rebuilding    of  the  normal 


1050  __ppendix. 

school  at  San  .Tose,  which  had  been  destroyed  by 
lire  a  short  time  previously. 

An  Act  to  provide  for  the  improvement  of  normal 
school  square  in  the  city  of  San  Jose. 
L Approved  P^bruary  15.  1881;  1881,  4.] 
This  act  appropriated  twenty-five  thousand  dol- 
lars for  tlie  purpose  indicated. 


An  Act  appropriating  money  for  the  completion  of 
the  branch  normal  school  building  at  Los  An- 
geles, and  for  the  improvement  of  the  grounds 
about  the  same. 

[Apin-oved  :\Iarch  13,  1883;  1883,  281.] 

Eleven  thousand  dollars  was  appropriated   for 
tlie  purpose  indicated. 


An  Act  authorizing  and  empowering  the  board  of 
school  trustees  of  the  city  of  San  Jose,  coun- 
ty of  Santa  Clara,  state  of  California,  to  erect, 
construct,  and  build,  and  maintain,  at  the  ex- 
pense of  the  said  city  of  San  Jose,  a  high 
school  building  on  the  north  side  of  the  state 
normal  school  grounds  at  San  Jose  between 
Fifth  and  Seventh  streets  in  said  city. 
[Stat,  approved  March  17.  1897;  Stats.  1897; 
chap,  cxi.] 


NOTARIES. 

An  Act  providing  for  the  appointment  of  an  addi- 
tional notary  ])ublic  for  the  city  and  county  of 
San  Francisco  for  the  accommodation  of  the 
inhabitants  of  said  city  and  county  at  the 
Presidio. 

[Approved  April  Kj.ISSO;  1880.  IOC  (Ban.  ed.  34.5).] 

Additional  notary  public  for  San  Francisco. 

Section  1.  The  governor  is  authorized  to  ap- 
point and  commission  one  additional  notary  pub- 
lis  for  the  city  and  county  of  San  Francisco,  who 
shall  keep  an  office  for  the  transaction  of  business 
in  that  portion  of  the  city  and  county  known  as 
the  Presidio. 

Sec.  2.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 


Appendix.  ,051 


OFFICERS. 

An  Act  to  protect  candidates  for  certain  public  of- 
fices, to  prohibit  certain  acts  by  such  candi- 
dates, and  to  provide  a  punishment  for  infrac- 
tions of  this  law. 

[Stat.  Approved  March  2,  1897.  Stats.  1897; 
chap,  lix.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows. 

Section  1.  It  shall  be  unlawful  for  any  person, 
either  individually  or  as  an  officer  or  member  of 
any  committee  or  association,  to  demand  or  solicit 
of  any  candidate  for  the  legislature,  or  of  any  can- 
didate for  supervisor,  or  of  any  candidate  for 
school  director,  or  of  any  candidate  for  any  legis- 
lative body,  that  he  shall  vote  for  any  particular 
bill  or  specific  measure  which  may  come  before 
any  such  legislative  body  to  which  he  may  be 
elected:  provided  always,  that  this  inhibition  shall 
not  in  any  case  apply  to  the  pledges  exacted  of  a 
candidate  by  the  platform  or  resolutions  of  any 
convention  by  which  any  such  candidate  may  be 
nominated. 

Sec.  2.  It  shall  be  unlawful  for  any  cg.ndidate 
for  the  legislature,  or  for  any  candidate  for  super- 
visor, or  for  any  candidate  for  school  director,  or 
for  any  candidate  for  any  other  legislative  body, 
to  sign  or  give  any  pledge  that  he  will  vote  for 
or  against  any  particular  bill  or  specific  measure 
that  may  be  brought  before  any  such  legislative 
body;  provided  always,  that  this  prohibition  shall 
not  apply  to  any  pledge  or  promise  that  any  such 
candidate  may  give  to  a  convention  by  which  he 
may  be  nominated  for  any  such  office,  or  to  those 
who  may  sign  a  certificate  for  his  nomination. 

Sec.  3.  Any  per.son  violating  any  provision  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  any  candidate  violating  any  provision  of  this 
act  shall,  in  addition,  be  disqualified  from  holding 
the  office  to  which  he  may  be  elected. 


1052  Appendix. 


An   Act  to  make  women   eligible  to   educational 

offices. 

[Approved  March  12,  1874;  1873-4,  356.] 

Women  eligible. 

Section  1.  Women  over  the  age  of  twenty-one 
years,  who  are  citizens  of  the  United  States  and 
of  this  state,  shall  be  eligible  to  all  educational 
offices  within  tliis  state  except  those  from  which 
they  are  excluded  by  the  constitution. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  witli 
this  act  are  hereby  repealed.  This  act  shall  tal^e 
effect  from  and  after  its  passage. 

An  Act  prescribing  certain  duties  to  be  perform- 
ed by  the  state  controller,  state  treasurer,  and 
state  board  of  examiners. 
[Approved  February  20,  1872;  1871-2,  118.] 

Reports  of  warrants  drawn  by  controller. 

Section  1.  The  state  controller  shall  furnish  to 
the  state  treasurer,  on  the  tenth,  twentieth,  and 
last  days  of  each  month,  and  when  either  of  these 
days  falls  upon  a  day  on  which  the  state  control 
ler  is  not  required  to  keep  his  office  open  for  the 
transaction  of  business,  then  upon  the  day  imme- 
diately preceding  the  days  herein  mentioned,  with 
a  report  of  all  warrants  drawn  by  him  upon  the 
treasurer  since  the  date  of  his  last  report.  Such 
report  shall  show  the  number,  date,  and  amount 
of  each  warrant,  to  whom  issued,  and  the  ftmd 
out  of  which  it  is  payable.  From  the  report  so 
furnished  by  the  controller,  the  state  treasurer 
sliall  malve  a  register  of  warrants,  and  shall  pay 
all  warrants  in  tlie  order  in  whicli  they  are  drawn 
by  the  controller. 
Report  of  Avarrants  paid  by  treasurer. 

Sec.  2.  Upon  the  last  day  of  each  month,  ex- 
cept when  such  last  day  falls  upon  a  day  on  which 
the  state  treasurer  is  not  required  by  law  to  keep 
his  office  open  for  the  transaction  of  business,  then 
upon  the  day  immediately  preceding  such  last  day, 
the  state  treasurer  sliall  furnish  the  state  con- 
troller with  a  list  of  all  warrants  paid  by  him 
since  the  date  on  which  his  last  list  was  furnish- 


Appendix.  1053 

ed.    Such  list  shall  contain  the  number,  date,  and 
amount  of  each  warrant,   and  the     fund  out  of 
which  the  same  was  paid. 
Adjustment  of  balances  in  treasury. 

Sec.  3.  Immediately  after  the  passage  of  this 
act,  it  shall  be  the  duty  of  the  state  controller  and 
state  treasurer,  under  the  supervision  of  the  gov- 
ernor, to  ascertain  the  numbers,  dates,  and 
amounts  of  the  several  warrants  drawn  by  the 
controller,  and  then  unpaid  by  the  treasurer,  anri 
to  adjust  the  balances  in  the  several  funds  of  the 
state  treasurer  upon  the  boolvs  of  the  controller 
and  treasurer  in  accordance  with  the  sums  found 
to  the  credit  of  each  on  the  books  of  the  control- 
ler, and  the  warrants  found  to  be  outstanding  and 
not  paid  by  the  treasurer. 
Examiners  to  count  money,  etc. 

Sec.  4.  When  the  balances  in  the  several  funds 
of  the  state  treasury  shall  be  adjusted  as  pro- 
vided for  in  the  next  preceding  section,  the  state 
board  of  examiners  shall  count  the  money  in  the 
state  treasury,  and  compare  the  amount  with  tlie 
amount  found  to  be  in  all  the  funds  of  the  state 
treasury  by  the  books  of  the  state  controller;  and 
upon  the  first  business  da.v  of  each  month  there- 
after, the  state  controller  shall  furnish  the  state 
board  of  examiners  with  a  statement  of  the 
amount  of  money  in  each  fund  of  the  state  treas- 
ury, and  the  total  amount  as  the  same  appears 
upon  the  books  of  his  office,  together  with  a  list 
of  vfarrants  issued  by  him  but  not  paid  by  the 
state  treasurer,  and  for  the  payment  of  which 
there  is  monej'  in  the  state  treasury.  Upon  the  re- 
ceipt of  such  statement  from  the  controller,  the 
state  board  of  examiners  shall  proceed  to  count 
the  money  in  the  state  treasury,  and  compare  the 
amount  with  the  amount  named  in  the  statement 
of  the  controller. 
Cancellation  of  warrants  uncalled  for. 

Sec.  5.  Whenever  any  Avarrant  issued  by  the 
state  controller  shall  remain  in  his  office  uncalled 
for  by  the  owner  thereof  for  the  period  of  one  year 
after  such  warrant  has  become  payable,  it  shall  be 
the  duty  of  the  controller  and  treasurer,  in  the 
presence  of  the  state  board  of  examiners,  to  can- 
cel the  same;  and  whenever  any  warrant,  deliv- 


1054  Appendix. 

ered  to  the  owner  thereof  by  the  controller,  but 
not  presented  to  the  state  treasurer  for  payment 
for  a  period  of  one  year  after  such  warrant  has 
become  payable,  said  wan-ant  shall  be  deemed  to 
be  canceled,  and  the  treasurer  shall  in  the  pres- 
ence of  the  controller  and  state  board  of  exam- 
iners, write  the  word  "canceled"  opposite  the  en- 
try of  such  warrant  in  his  registry  of  warrants 
provided  for  in  the  first  section  of  this  act.  The 
word  "canceled"  shall  also  be  written  by  the  state 
controller  opposite  the  entry  in  the  warrant  reg- 
ister in  his  office  of  all  warrants  required  to  be 
canceled  by  this  act.  The  amounts  of  all  war- 
rants canceled  under  the  provisions  of  this  act 
shall  revert  to  the  fund  in  the  state  treasury 
against  which  said  warrants  were  drawn,  and 
shall  be  entered  upon  the  books  of  the  controller 
to  the  credit  of  such  fund,  in  the  same  manner 
as  other  moneys  paid  into  the  state  treasury. 
Register  of  canceled  warrants — Reissue. 

Sec.  6.  The  controller  and  treasurer  shall  each 
keep  a  register  of  warrants  canceled  under  this 
act,  in  which  shall  be  entered  the  number,  date, 
and  amount  of  tlio  warrant,  the  name  of  the  per- 
son in  whose  favor  it  was  drawn,  the  fund  out  of 
which  it  was  payable,  and  the  date  of  cancella- 
tion. Whenever  the  owner  of  any  warrant  can- 
celed under  the  provisions  of  this  act  demands 
such  warrant  from  the  controller,  it  shall  be  the 
duty  of  the  controller  to  issue  a  new  warrant  for 
the  same  amount,  in  the  name  of  the  same  per- 
son, and  payable  out  of  the  same  fund  as  the  war- 
rant canceled;  and  in  case  where  a  warrant  is- 
sued by  the  controller,  but  not  paid  by  the  treas- 
urer, has  been  canceled,  and  the  owner  or  holder 
thereof  presents  the  same  for  payment,  it  shall 
be  the  duty  of  the  state  controller  to  draw  a  new 
warrant  therefor,  in  the  name  of  the  same  person, 
for  the  same  amount,  and  payable  out  of  the 
same  fund  as  the  original  warrant,  and  such  origi- 
nal warrant  shall  thereupon  be  canceled  by  him 
and  retained  in  his  office  as  his  voucher  for  issu- 
ing such  new  wan*ant.  In  all  cases  where  a  war- 
rant shall  be  issued  in  lieu  of  one  canceled,  the 
word  "du]ilieate"  shall  be  plainly  written  or  print- 
ed across  the  face  thereof,  in  red  ink,  by  the  con- 
troller, and  the  issue  thereof  noted  on  the  regis- 


Appendix.  1055 

try  of  canceled  warrants  kept  in  his  office,     and 

when  any  such  duplicate  warrant  is  paid  by  the 

state  treasurer,  he  shall  note  the  payment  thereof 

on  the  registry  of  canceled  warrants  kept  in  his 

office. 

Interest  coupons. 

Sec.  7.  Whenever  the  interest  coupons  attached 
to  any  registered  bond  of  this  state  issued  under 
either  of  the  following  named  acts,  to  wit:  an  act 
to  provide  for  paying  certain  equitable  claims 
against  the  state  of  California,  and  to  contract  a 
funded  debt  for  that  purpose,  approved  April  28, 
1857;  an  act  to  amend  an  act  entitled  an  act  to 
provide  for  paying  certain  equitable  claims  against 
the  state  of  California,  and  to  contract  a  funded 
debt  for  that  purpose,  approved  April  28,  1857, 
approved  April  27,  1860;  an  act  for  the  relief  of  the 
enlisted  men  of  the  California  volunteers  in  the 
service  of  the  United  States,  approved  April  27, 
1863;  an  act  granting  bounties  to  the  volunteers 
of  this  state,  enlisted  in  the  service  of  the  United 
States,  for  issuing  bonds  to  provide  funds  for  the 
payment  of  the  same,  and  to  levy  a  tax  to  pay 
such  bonds,  approved  April  4,  1864;  and  an  act 
authorizing  the  issuance  of  state  bonds  to  the 
amount  of  two  hundred  and  fifty  thousand  dollars, 
to  be  known  as  state-capitol  bonds,  approved 
April  4.  1870— shall  not  be  presented  to  the  state 
treasurer  for  payment  for  a  period  of  one  year 
after  such  coupon  has  become  due  and  payable,  it 
shall  be  the  duty  of  the  state  treasurer  to  furnish 
the  state  controller  and  state  board  of  examiners 
each  with  a  list  of  sucli  coupons  not  presented  for 
payment,  with  the  amount  thereof,  whereupon  the 
state  controller  shall  order  the  treasurer  to  place 
the  money  held  by  him  for  tlie  payment  of  such 
coupons  into  the  general  fund  of  the  state  treas- 
ury, and  the  amount  so  ordered  into  the  general 
fund  shall  be  placed  to  the  credit  of  said  fund  on 
the  books  of  the  controller  and  treasurer  in  the 
same  manner  as  other  moneys  paid  into  the  state 
treasury. 
Payment  of  interest  coupons. 

S'^c.  S.  WluMiever  any  of  the  interest  coupons 
mentioned  in  the  seventh  section  of  this  act  are 
presented  for  payment,  after  the  money  to  pay  the 
same  has  been  transferred  to  the  general  fund, 


1056  Appendix. 

such  coupons  shall  be  presented  to  the  state  board 
of  examiners,  which  board  shall  audit  and  allow 
them  out  of  the  general  fund  of  the  state  treasury, 
and  shall  transmit  a  voucher  to  the  state  control- 
ler upon  which  to  draw  his  warrant  upon  the  state 
treasiirer.  Upon  the  presentation  of  such  warrant 
and  the  surrender  to  him  of  the  coupons  for  the 
payment  of  which  the  said  warrant  is  drawn,  the 
state  treasurer  shall  pay  the  same  out  of  the  gen- 
eral fund. 

Sec.  9.  Immediately  after  the  passage  of  this  act 
the  state  board  of  examiners  shall  examine  the 
books  in  the  state  treasurer's  office  in  which  are 
pasted  the  coupons  of  the  registered  bonds  of  the 
state  paid  by  liim,  and  shall  require  the  state  treas- 
urer to  make  out  a  list  of  all  coupons  not  found 
therein,  as  provided  for  in  section  seven  of  this 
act,  and  the  money  held  by  him  for  the  payment 
thereof  shall  be  placed  in  the  general  fund,  as  pro- 
vided in  this  act. 

See.  10.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 

An  Act  providing  for  the  removal  of  civil  officers 

for  a  violation  of  official  duties. 

[Approved  IMarch  30,  1874;  1873-4,  911.] 

Civil  officers  may  be  removed  for  violation  of  of- 
ficial duties. 
Section  1.  Any  member  of  any  board  of  direc- 
tors, board  of  commissioners,  or  other  board  of  of- 
ficers, state,  city,  county,  or  district,  or  other  per- 
son who  has  been  elected  or  appointed,  or  who 
shall  hereafter  be  elected  or  appointed  to  hold, 
control,  build,  or  manage  any  piiblc  building  of 
state,  or  of  any  county,  city,  or  city  and  county  in 
this  state,  or  to  hold,  control,  manage  or  disburse 
anyof  thepublicfuudsof  this  state  or  of  any  coun- 
ty, city,  or  city  and  county  of  this  state,  or  any 
person  acting  by,  through,  or  under  the  authority 
of  any  such  board  of  directors,  board  of 
commissioners,  or  other  board  of  officers,  or 
other  persons,  as  aforesaid,  or  any  other  officer 
in  the  state  who  shall  be  guilty  of  a  willful 
violation  of  any  of  the  provisions  of  the  stat- 
ute under  \vhich  he  or  they  were,  or  may  be 
hereaffpr  elected  or  appointed,  or  of  any  other  stat- 


Appenrlix.  1057 

ute  or  statutes  of  this  state  prescribing  or  defin- 
inj?  their  duties  and  powers,  or  passed  for  their 
government  and  control,  or  who  shall  be  guilty 
of  any  other  willful  violation  of  official  duty,  shall 
be  deprived  of  his  office,  and  otherwise  punished, 
in  accordance  with  the  provisions  of  section  two  of 
this  act. 
Proceedings  in  action  for  removal  of  civil  officer. 

Sec.  2.  Wlienever  any  complaint  in  writing,  duly 
verified  by  the  oath  of  any  complainant,  shall  be 
pi-esented  to  the  district  court,  alleging  that  any 
of  the  officers,  or  other  persons  referred  to  in  sec- 
tion one  of  this  act,  have,  within  the  jurisdiction 
of  said  court,  been  guilty  of  a  violation  of  the  pro- 
visions of  said  section,  or  of  any  other  statute  or 
statutes  of  this  state  which  have  been,  or  may 
hereafter  be,  passed  for  their  government  and  con- 
trol, or  prescribing  or  defining  their  duties  and 
powers,  it  shall  be  the  duty  of  said  court  to  cite 
the  party  or  parties  charged  to  appear  before  him 
on  a  certain  day,  not  more  than  ten  nor  less  than 
five  days  from  the  time  when  said  complaint  shall 
be  presented;  and  on  that  day,  or  some  subse- 
quent day,  not  more  than  twenty  days  from  that 
on  which  said  complaint  is  presented,  shall  pro- 
ceed to  hear,  in  a  summary  manner,  the  complaint 
and  evidence  offered  in  support  of  the  same,  and 
the  evidence  offered  by  the  party  or  parties  com- 
plained of;  and  if  in  such  hearing  it  shall  appear 
that  tlie  charge  or  charges  contained  in  said  com- 
plaint are  sustained,  the  court  shall  enter  a  decree 
that  said  party  or  parties  complained  of  shall  be 
deprived  of  liis  or  their  office  or  position,  and  sliall 
enter  judgment  for  one  hundred  dollars  in  favor 
of  the  complainant,  and  for  such  costs  as  are  al- 
lowed in  civil  cases. 
Remedy,  cumulative. 

Sec.  :i.  This  act  shall  not  be  construed  to  repeal 
or  impair  the  provisions  of  any  other  act  concern- 
ing officers,  in  force  at  the  time  of  the  passage 
hereof,  but  shall  be  construed  to  be  a  cumulative 
remedy  for  the  enforcement  of  official  duty,  and 
not  otherwise. 

Sec.  4.    This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 
Pol.  Code— 89. 


1058  Appendix. 


ORPHAN  ASYLUMS. 

Act  to  provide  for  appointment  of  guardians  for 
orphans.    See  Civil  Code,  Appendix,  p.  776. 

PILOTS. 

Consult  the  following  acts: 

An  Act  to  establish  pilots  and  pilot  regulations  for 

the  port  of  San  Diego. 

[Approved  .March  26,  1872;  1871-2,  650.] 

An  act  to  provide  for  the  appointment  of  pilots, 
and  detiniug  their  duties  and  compensation,  at 
the  port  of  Wilmington  and  bay  of  San  Pedro. 
[\pproved  March  19,  1889;  Stats.  1889,  p.  416.] 

POLICE    DEPARTMENT. 

An  act  to  regulate  the  salaries  of  certain  officers 
in  the  police  department  within  municipali- 
ties of  the  first  class  in  the  state  of  California, 
and  to  provide  for  the  appointment  and  salar- 
ies of  other  officers  of  such  departments. 

[Stat,  approved  March  8,  1897;  Stats.  1897,  chap. 
Ixxviii.] 

The  people  of  the  state  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Sec.  1.  In  every  municipality  of  the  first  class 
in  this  state,  salaries  shall  be  allowed  and  paid 
to  the  following  officers  of  the  police  department 
of  such  municipality,  as  in  this  act  provided: 

To  the  chief  of  police,  five  thousand  dollars  per 
annum. 

To  the  captain  of  detectives  of  police  depart- 
ment, three  thousand  dollars  per  annum. 

To  six  captains  of  police,  twenty-five  hundred 
dollars  per  annum  each. 

To  the  clerk  of  the  chief  of  police  and  board  of 
police  commissioners,  twenty-five  hundred  dollars 
per  annum. 

To  the  property  clerk  of  the  police  department, 
iwenty-five  hundred  dollars  per  annum. 


Appendix.  1059 

To  fifteen  police  officers  who  shall  be  known  and 
designated  as  detectives,  detailed  as  such  by  the, 
chief  of  police  of  the  police  department  of  such 
municipality,  to  perform  detective  duty,  one  thou- 
sand eight  hundred  dollars  per  annum  each. 

See.  2.  Upon  petition  of  the  chief  of  police  of 
the  police  department  in  any  such  municipality, 
addressed  to  the  board  of  supervisors  or  citv^ 
council  of  such  municipality,  such  board  of  super 
visors  or  city  council  may,  when  in  its  judgment 
the  public  welfare  requires  it,  authorize  such  chief 
of  police  of  the  police  department  to  detail  addi- 
tional police  officers  to  perform  detective  duty, 
who  shall  receive  the  same  salary  as  detectives  in 
section  one  provided  for. 

Sec.  3.  All  the  salaries  provided  for  in  this  act 
shall  be  paid  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  they  hava 
been  paid  to  members  of  the  police  departmeut 
prior  to  the  passage  of  this  act. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict 
with  or  inconsistent  with  this  act  are  hereby  re- 
pealed. 

Sec.  5.  This  act  shall  take  effect  from  and  after 
its  passage. 


PUBLIC    ADMINISTRATOR. 

An   act  to  pi-ovide  for    public    administrators  in 

certain  cases. 

[Approved  March  30,  1872;  1871-2,  796.] 

IMiblic  administrators  failing  to  qualify. 

Sec.  1.  If  the  public  administrator  of  any  coun- 
ty of  this  state  fails  to  qualify,  or  in  person  fails 
to  perform  the  diities  of  his  office,  the  coroner  of 
such  county  shall  be  ex-officio  public  adminis- 
trator; and  in  case  both  public  administrator  and 
coronei-  fail  to  qualify,  or  to  perform  the  duties 
appertaining  thereto,  the  supervisors  sliall  ap- 
point a  suitable  person  to  be  public  admiuistrator; 
and  all  laws  applicable  to  the  qualiticatlon,  pow- 
ers, diitles  and  compensation  of  public  adminis- 
trator sliall  apply  to  the  coroner  or  appointee  of 
the  supervisors  as  aforesaid. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


1060  Appendix, 

SHERIFFS. 

An  act  to  authorize  the  boards  of  supervisors  to 
furnish  the  sheriff  and  deputy  sheriffs  of  their 
several  counties  with  a  suitable  badge  of  office. 
[Approved  April  1,  1876;  1875-6,  803.] 

Sheriff's  badges. 

Section  1.  The  boards  of  supervisors  of  the  sev- 
eral counties  of  this  state  must  furnish  to  the 
sheriff,  under-sheriffs,  and  deputy  sheriffs,  of  their 
respective  counties  a  suitable  badge  of  office,  up- 
on which  shall  be  inscribed  the  words  "sheriff" 
and  "'deputy  sheriff'.'' 

Sec.  2.  This  act  shall  take  effect  immediately 
from  and  after  its  passage. 

An  act  to  amend  an  act  entitled  "An  act  to  al- 
low compensation  to  sheriffs  for  conveying 
prisoners  to  state  prisons  and  insane  persons  to 
the  insane  asylums,"  approved  March  14,  1885, 
providing  for  compensation  to  sheriffs  for  ser- 
vice rendered  since  the  fourteenth  day  of 
March,  eighteen  hundred  and  eighty-five. 
[Approved  March  15,  1889;  1889,  200.] 

Section  1.  An  act  entitled  "An  act  to  allow  com- 
pensation to  sheriffs  for  conveying  prisoners  to  the 
state  prisons  and  insane  persons  to  the  insane  asy- 
lums," is  hereby  amended  so  as  to  read  as  fol- 
lows:— 

Compensation  of  sheriffs  for  transporting  prison- 
ers. 

Section  1.  There  shall  be  allowed  by  the  state 
board  of  examiners  to  the  sheriff,  to  be  retained 
by  him  for  his  own  use,  for  delivering  a  prisoner 
to  either  of  the  state  prisons,  actual  expenses,  and 
five  dollars  per  diem  for  the  time  necessarily  con- 
sumed in  delivering  such  prisoner. 
Compensation  of  slieriffs  for  transporting  in.sane. 

Sec.  2.  There  shall  be  allowed  by  the  state 
board  of  exn miners  to  tlie  sheriff,  to  be  I'etaiued 
by  him  for  his  own  use,  for  delivering  any  insane 
person  to  eitlier  of  the  insane  asylums,  his  actual 
expenses,  and  the  same  per  diem  as  is  allowed  in 
section  one  of  this  act. 


Appendix.  1061 

See.  3.  The  sherilf  shall  be  allowed,  and  is  en- 
titled to  receive  and  retain  for  his  own  use,  the 
same  compensation  and  expenses  for  all  like  ser- 
vices mentioned  in  sections  one  and  two  of  this 
act,  rendered  by  him  since  the  fourteenth  day  of 
March,  eighteen  hundred  and  eighty-five. 

Sec.  4.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

STATE. 

Acts  relating  to  suits  against:  See  Code  of  Civil 
Procedure,  Appendix,  title,  State. 

An  act  to  appropriate  the  sum  of  five  thousand 
dollars  to  pay  the  expenses  and  disbursements 
to  be  incurred  and  made  in  maintaining  tlie 
rights  of  the  state  in  litigation  now  pending  in 
or  which  may  come  before  the  supreme  court 
of  the  United  States,  to  which  the  state  is  or 
shall  be  a  party,  or  in  the  determination  of 
which  the  state  is  or  shall  be  interested. 
[Approved  March  15,  1887;  1887,  123.] 

An  act  authorizing  the  allowance,  settlement,  and 
payment  of  claims  of    counties    against    the 
state. 
[Approved  March  9,  1893;  Stats.  1893,  p.  109.] 

Section  1.  On  the  presentation  of  the  claim  of 
any  county  of  this  state,  or  treasurer  thereof,  to 
the  state  controller  for  commissions,  charges,  or 
fees  fixed  or  directed  to  be  allowed  by  law  for  the 
collection  of  state  taxes,  the  said  commissions, 
charges,  or  fees  for  which  claim  is  made,  not  hav- 
ing been  allowed  by  the  state,  and  the  same  hav- 
ing been  paid  into  the  state  treasury,  thereupon 
the  state  controller  shall,  in  the  next  settlement 
thereafter  to  be  made  witli  the  treasurer  of  the 
county  presenting  such  claim,  allow  to  be  retain- 
ed out  of  any  moneys  tlien  in  the  liands  of  such 
treasurer  belonging  to  the  state,  the  amount  of 
such  claim;  provided,  however,  that  the  moneys 
thus  retained  sliall  be  paid  into  the  county  treas- 
ury, and  shall  be  the  property  of  such  county. 

Sec.  2.    This  act  shall  take  effect  immediately. 

The  object  of  tlie  act  sufficiently  appears  in  tlie 
title. 


1062  Appendix. 


An  act  to  authorize  the  payment  of  claims  against 
the  state,  which  were  incurred  under  an  act  to 
promote  drainage,  approved  April  23.  1880,  and 
to  appropriate  money  for  their  payment. 
[Approved  March  4,  1889;  1889,  55.] 

Twenty  thousand  dollars  was  appropriated  for 
the  purpose  indicated. 

STATE  ANALYST. 

An  act  to  provide  for  analyzing  the  minerals,  min- 
eral waters,  and  other  liquids,  and  the  medic- 
inal plants  of  the  State  of  California,  and  of 
foods  and  drugs,  to  prevent  the  adulteration  of 
the  same. 
[Approved   March  9,  1885;  Stats.  1885.  43.] 

Section  1.  The  governor  of  the  state  of  Califor- 
nia shall  appoint  one  of  the  professors  of  the  State 
University  of  California,  of  sufficient  compe- 
tence, knowledge,  skill,  and  experience,  as  state 
analyst,  whose  duty  it  shall  be  to  analyze  all  ar- 
ticles of  food,  drugs,  medicines,  medicinal  plants, 
minerals,  and  mineral  waters,  and  other  liquids 
or  solids  which  shall  be  manufactured,  sold,  or 
used  within  this  state,  when  submitted  to  him,  as 
hereinafter  provided. 

Sec.  2.  The  state  board  of  health  and  vital  sta- 
tistics, or  medical  officers  of  health  of  any  city, 
town,  or  of  any  city  and  county,  or  county,  may. 
at  the  cost  of  their  respective  boards  or  corpora- 
tions, purchase  a  sample  of  any  food,  drugs,  med- 
icines, medicinal  plants,  mineral  waters,  or  other 
liquids  offered  for  sale  in  any  town,  village,  or  city 
in  this  .state,  and  submit  the  same  to  the  state 
analy.st  as  hereinafter  provided;  and  said  analyst 
siiall,  upon  receiving  such  article  duly  submitted 
to  him,  forthwith  analyze  the  same,  and  give  a 
certified  certificate  to  the  secretary  of  the  state 
board  of  health  submitting  the  same,  wherein  he 
shall  fully  specify  the  result  of  the  analysis;  and 
the  certificate  of  the  state  analyst  shall  be  held 
in  all  the  courts  of  this  state  as  prima  facie  evi- 
dence of  the  properties  of  the  articles  analyzed  by 
him. 


Appendix.  1063 

Sec.  .3.  Any  person  desiring  an  analysis  of  any 
food,  drug,  medicine,  medicinal  plant,  soil,  mineral 
water,  or  other  liquid,  shall  submit  the  same  to  the 
secretary  of  the  state  board  of  health,  together 
with  a  written  statement  of  the  circumstances  un- 
der which  he  procured  the  article  to  be  analyzed, 
which  statement  must,  if  required  by  him,  be  ver- 
ified by  oath;  and  it  shall  be  the  duty  of  the  secre- 
tary of  the  state  board  of  health  to  transmit  the 
same  to  the  state  analyst,  the  expenses  thereof  to 
be  defrayed  by  the  said  board. 

Sec.  4.  The  state  analyst  shall  report  to  the 
state  board  of  health  the  number  of  all  the  arti- 
cles analyzed,  and  shall  specify  the  results  there- 
of, to  said  board  annually,  with  full  statement  of 
all  the  articles  analyzed,  and  by  whom  submitted. 

Sec.  5.  H'he  state  board  of  health  may  submit 
to  the  state  analyst  any  samples  of  food,  drugs, 
medicines,  medicinal  plants,  mineral  waters,  or 
other  liquids,  for  analysis,  as  hereinbefore  pro- 
vided. 

Sec.  6.  It  shall  be  competent  for  the  mineral- 
ogist of  the  state  of  California  to  submit  to  the 
state  analyst  any  minerals  of  which  he  desires  an 
analysis  to  be  made;  provided,  that  tlie  cost  of  tlie 
same  shall  be  defrayed  by  the  mineralogical  bu- 
reau. 

Sec.  7.  The  board  of  state  viticultural  commis- 
sioners shall  have  the  same  privileges  as  are  pro- 
vided for  the  state  board  of  health  under  this  act 
Avith  respect  to  samples  of  wines  and  grape  spir- 
its, and  of  all  liquids  and  compounds  in  imitation 
thereof;  and  any  person  or  persons  desiring  analy- 
ses of  such  products  shall  submit  the  same  to  the 
secretary  of  the  said  board  of  state  viticultural 
commissioners,  and  the  same  shall  be  transmitted 
to  the  state  analyst,  in  the  manner  prescribed  in 
section  three  of  this  act.  The  analyses  shall  be 
made,  and  the  certificates  of  the  state  analyst 
shall  be  forwarded  to  the  secretary  of  the  said 
board  of  state  viticultural  commissioners,  and 
shall  have  the  same  force  and  effect  as  provided 
for  in  section  two  of  this  act,  with  respect  to 
analyses  ma<le  for  tlie  state  b"«ird  of  health. 


10G4  Apf)endix. 


STATE  PRINTER. 

An  act  to  amend  the  Political  and  Penal  Codes, 
concerning  public  printing,  and  for  other  pur- 
poses. 

[Approved  April  3,  1876;  Amendments  1875-6,  16.] 

The  first  twelve  sections  of  this  act  contain  the 
amendments  to  sections  526,  528,  530,  531,  532,  533, 
534,  535,  536,  and  537  of  the  Political  Code,  and  the 
new  sections  538  of  the  Political  Code,  and  99  and 
100  of  the  Penal  Code  therein  inserted.  It  has  an 
additional  section  as  follows: 

Acts   repealed. 

Sec.  13.  An  act  entitled  "An  act  to  provide  for 
the  fitting  up  and  use  of  the  governor's  mansion 
as  a  state  printing  otfice  and  state  armory,"  a'p- 
proved  March  30,  1874,  and  also  an  act  entitled 
"An  act  to  establish  a  state  printing  office,  and  to 
create  the  office  of  superintendent  of  state  print- 
ing," approved  March  26,  1872,  are  hereby  re- 
pealed. This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  act  to  provide  for  the  enlargement  of  the  state 
printing  office,  and  for  the  repairing  and  paint- 
ing of  the  building. 

[Approved  April  16,  1880;  1880,  120  (Ban.  ed.  386).] 

T'his  act  autliorized  the  board  of  state  capitol 
commissioners  to  malve  such  changes  and  altex'a- 
tions  in  tlie  building  known  as  the  "governor's 
mansion"  as  might  be  necessary  for  the  enlarge- 
ment and  fitting  up  of  the  state  printing  office, 
and  appropriated  four  thousand  dollars  to  cover 
tlie  expenses. 

An  act  providing  for  the  enlarging,   strengthen- 
ing, and  improving  of  the  state  printing  office 
building,  and  appi'opriating  money  thei'efor. 
[Approved  Marcli  14,  1889;  1889,  150.] 

Eleven  tliousand  dollars  was  appropriated  for 
the  purpose  indicated. 


Appendix.  1065 


SUPERVISORS. 

An  Act  to  authorize  the  boards  of  supervisors  of 
the  several  counties  of  this  state  to  transfer 
certain  funds. 

[Approved  April  23,  1880;  1880,  133  (Ban.  ed.  309).] 

Transfer  of  funds. 

Section  1.  The  boards  of  supervisors  of  every 
county  in  this  state,  when  they  deem  it  expedient 
and  for  the  best  interest  of  the  county,  are  hereby 
authorized  and  empowered  to  transfer  moneys  re- 
maining in  the  swamp-land  fund,  and  such  moneys 
as  may  remain  in  any  of  the  sinking  funds  of 
the  county."  to  the  general  county  fund  of  such 
county,  which  transfer  or  transfers  shall  be  deem- 
ed as  a  loan  from  said  swamp-land,  or  such  sinlv- 
ing  fund,  to  said  general  county  fund. 
Repayment. 

Sec.  2.  Whenever  it  shall  be  necessary  to  repay 
the  amount  so  transferred  or  loaned  to  the 
swamp-land  or  sinking  fund  from  which  the  same 
has  been  transferred,  or  any  part  thereof,  the 
board  of  supervisors  shall  cause  a  warrant  to  be 
drawn  upon  said  general  county  fuud  for  the 
amount  so  loaned  or  transferred,  or  any  part 
thereof;  and  said  warrant  shall  be  a  preferred 
claim  upon  said  general  county  fund  over  and 
above  all  warrants  outstanding  against  said  fund, 
and  shall  be  paid  out  of  the  first  moneys  received 
in  such  general  county  fund. 

Sec.  3.  All  acts  or  parts  of  acts  in  conflict  with 
tlie  provisions  of  this  act  are  liereby  repealed. 

Sec.  4.  This  act  shall  be  in  force  from  and  after 
its  passage. 


SUPREME  COURT  REPORTERS. 

An  Act  to  provide  for  tlie  appoiutmont  of  a  deputy 
supreme   court  reporter,   and   to  regulate   his 
compensation. 
[Approved  February  26,  1881;  Stats.  1881,  9.] 
The  nature  of  the  act  appears  from  the  title. 


1066  Appendix. 

SURVEYOR     GENERAL.  f 

An  act  making  an  appropriation  for  the  payment 
of  an  indebtedness  created  or  to  be  incurred 
by  the  surveyor  general,  in  transcribing 
records  and  plat  books  in  his  office. 

[Approved  February  27,  1893;  Stats.  1893,  p.  43.] 
Fifteen  hundred  dollars  Avas  appropriated  for  tht 

pm-pose  indicated. 

TREASURERS. 

Consult  the  following  acts: 

An  act  relating  to  treasurers,  their  deputies  and 
clerks,  in  counties  and  cities  and  counties  hav- 
ing a  population  of  two  hundred  thousand  in- 
habitants or  over. 
[Approved  March  23,  1893;  Stats.  1893,  p.  282.] 

Section  1.  In  all  counties  and  cities  and  coun- 
ties having  a  population  of  two  hundred  thou- 
sand inhabitants  or  over,  the  treasurer  may  ap- 
point deputies  and  clerks  as  follows:  One  chief 
deputy,  who  shall  receive  a  salary  of  two  hundred 
and  fifty  (.$250)  dollars  per  month;  one  clerk,  who 
sliall  receive  a  salary  of  one  hundred  and  twenty- 
five  ($12.5)  dollars  per  month;  and  two  additional 
deputies,  who  shall  receive  a  salary  of  one  hun- 
dred and  seventy-five  dollars  (.$175)  per  montli 
each.  Said  salaries  shall  be  audited,  allowed,  and 
paid  out  of  the  general  fimd. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed. 

Sec.  3.  This  act  shall  take  efCect  from  and  after 
its  passage. 


Appendix.  1067 


An  act  to  authorize  the  state  treasurer  to  receive 
and  the  several  county  treasurers  to  pay  in 
to  the  state  treasurer,  in  settlement  of  any 
sums  required  to  be  by  them  paid  to  the  state 
treasurer,  any  receipts  for  moneys  paid  to  the 
state  treasurer,  on  deposit  or  otherwise. 
[Approved  March  5,  1885;  1885,  26.] 

Receipts  as  payment. 

Section  1.  In  all  cases  where,  prior  to  the  pas- 
sage of  this  act,  the  county  treasurers  of  this  state 
have  deposited  money  in  the  state  treasury,  and 
talien  the  i-eceipt  of  the  state  treasurer  therefor, 
which  receipt  recites  tliat  the  "deposit  is  to  be  ap- 
plied in  his  next  settlement  witli  the  state  con- 
troller," such  receipt  shall  be  received  by  the 
state  treasurer  from  any  of-  such  county  treas- 
urers, or  their  successors  in  office,  for  the  sum 
named  on  the  face  of  such  receipt,  in  payment  of 
any  sum  required  by  law  to  be  paid  to  the  state  by 
any  such  county  treasurers,  or  their  successors  in 
office,  or  from  any  county  they  or  either  of  them 
may  represent. 

Sec.  2.    This  act  shall  take  effect  immediately. 

An  act  relating  to  the  transfer  of  moneys  now  in 
the  state  treasury,  in  what  is  Ijnowu  and  des- 
ignated as  estate  of  deceased  persons  fund,  to 
the  general  fund,  as  a  loan. 
[Approved  March  19,  1891;  Stats.  1891,  p.  136.] 

An  act  authorizing  the  controller  and  treasurer  to 
transfer  to  the  general  fund  all  moneys  now  in 
the  state  drainage  construction  fund,  and  also, 
from  time  to  time,  to  transfer  to  the  general 
fund  all  moneys  that  may  hereafter  be  paid 
into  the  state  drainage  construction  fund. 

[Approved  March  31,  1891;    Stats.  1891,    p.  237] 


lOGS  Appendix. 

An  act  authorizing  the  controller  and  treasurer  to 
transfer  to  the  general  fund  all  moneys  to  the 
credit  of  the  construction  fund  of  drainage  dis- 
trict number  one,  and  also,  from  time  to  time, 
to  transfer  to  tiie  general  fund  all  moneys  that 
may  hereafter  be  paid  into  said  construction 
fund  of  drainage  district  number  one. 
[Approved  March  31,  1891;  Stats.  1S91,  p.  279.] 

An  act  authorizing  the  controller  and  treasurer  to 
transfer  to  the  general  fund  all  moneys  now  in 
the  election  reward  fund,  the  leprosy  fund,  and 
interest  and  sinking  fund,  levee  district  num- 
ber five,  and  abolishing  the  leprosy  fund  and 
interest  and  sinliing  fimd,  levee  district  num- 
ber five. 

[Approved  February  23,  1893;  Stats.  1893,  p.  6.] 

An  act  authorizing  the  state  controller  and  state 

treasurer  to  transfer  from  the     state     school 

fund  to  the  state  school  land  fund  the  sum  of 

$189,426.58. 

[Approved  March  3,  1893;  Stats.  1893,  p.  78.] 

An  act  providing  for  the  cancellation  of  certain 
receipts  whicli  were  directed  by  law  to  be  re- 
ceived as  cash  by  the  state  treasurer;  and  au- 
thorizing the  controller  and  treasurer  to  make 
the  proper  entries  in  the  books  of  their  re- 
spective offices. 
[Approved  March  31,  1891;  Stats.  1891,  p.  290.] 


INDEX. 


INDEX. 


ABSENCE  of  officers  from  state,  restrictions  on, 
§§  853.  854. 
of  military  officers,  when  resignation,  §  1927. 
from  militia  drills,  §  2029. 
of  county  officers,  restrictions,  §  4120. 
ABSTRACT  of  incumbrances  to  be  furnisbed  to 
assessor,  §  3678. 
supervisors  to  use  same,  §  3679. 
ACCESSORY  passes  bv  transfer  of  principal,   §§ 
1084,  3540. 
lien   is.    §   2909. 
ACCOUNTS  bv  state  officers,  §  424. 
ACRE  defined,'  §  3213. 

ACTIONS,  attorney-general's  duty  where  state  a 

party,  §  470. 

acts  authorizing  settlement  and  dismissal  of 

certain  actions  in  favor  of  state,  p.  957,  Stat. 

ACTS.     See  Statutes. 

ACTUARY,  insurance  commissioner  may  employ, 

§  604. 
ADJUTANT  GENERAL.    See  National  Guard. 
ADMINISTRATOR.    See  Executor  and  Adminis- 
trator. 
AFFIDAVIT  to  accounts  of  state  officers,  §  424. 
to  be  made  to  assessor,  §  1103. 
of  finder  of  lost  property,  §  3136. 
of  applicant  for  piu'chase  of  swamp  land,   §§ 

3443,  .3444. 
such,  where  filed,  §  .3445. 
petition  for,  formation  of  reclamation  district 

to  be  verified  by,  §  .3447. 
of  applicant  to  purchase  school  land,  §§  .3495, 

3496,  3500.  3501. 
assessor  to  subscribe  certain,   in  assessment- 
book.  S§  36.50,  3682. 
of    auditor,   in   duplicate    assessment-boolv,    § 

3732. 
auditor  must  verify  statement  by,  §  3736. 
(1071) 


1072  Index. 

AFFIDAVIT— Coutiuued. 

by  tax  collector,  of  publication,  etc..  of  delin- 
quent list.   §  3769. 
by  tax  collector,  as  to  delinquent  taxes,  §  3800. 
county  clerk    to    take  affidavits    in     pension 
claims  without  charge,  p.  960.  Stat. 
AFFIRMATION,  oath  includes,   §  17. 
AGENT  of  foreign  corporation,  on  whom  process 
may  be  served.  §  616. 
state  locating,  surveyor  general  is,  §  3398. 
land,  of  imiversity.  duty  of,  §  3534. 
person  assessed  as.  how  designated.  §  3639. 
AGRICULTURAL   SOCIETY  OF   STATE,   direc- 
tors. Avhen  to  make  report,  §  332. 
report  of  directors,  how  many  to  be  printed, 

§  334. 
distribution  of  reports  of  directors  of.  §  335. 
number  of  members  composing.  §  343. 
president  of.  ex-otficio  regent  of  university,  § 

353. 
directors  of.  how  elected  and  term  of  office,  § 

359. 
duties  of.  where  prescribed,  §  705. 
powers  and  duties  of,   §  2326. 
ALAMEDA  COUNTY,  act  preventing  destruction 
of  fish  in  Lake  Merritt.  presei-ved,  §  19. 
legal  distances  from  county  seat,  §  151. 
school  superintendent,  member  of  state  board 

of  education.  §  1517. 
treasurer,  when  to  make  settlement  with  con- 
troller and  state  treasurer.  §  3866. 
boundaries  and  county  seat.  §  3953. 
salary  of  county  .judge.  §  4329. 
salary  of  district  attorney,  §  4330. 
ALIENS  defined.  §  57. 

not  to  be  deputies  or  clerks,  §  876. 
ALLEGIANCE  defined.  §  55. 

how  renounced.  §  56. 
ALLEYS,  highways.  §  2618. 

ALPINE  COUNTY,  legal  distances   from  county , 
seat.   §  152. 
boundaries  and  county  seat.  §  3931. 
salary  of  county  judge.  §  4329. 
salarv  of  district  attornev.  §  4330. 
AMADOR  COUNTY,  legal  distances  from  county j 
seat,    §  153. 


Index.  1073 

AMADOR  COUNTY— Continued. 

treasurer,  when  to  make  settlement  with  con- 
troller and  state  treasurer,  S  oSGG. 
boundaries  and  county  seat.  §  3930. 
declared  a  county  of  third  class,  §  4022. 
salary  of  county  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
AMENDMENT  of  statutes,  how  construed,  §  325. 

to  repealed  act  void.  S  33(1. 
ANIMALS,  acts  for  the  prevention  of  crtielty  to, 
preserved,  §  19. 
act  in  relation  to  trespassiujr,  preserved,  §  19. 
to  be  branded,  §  3167. 
branded,  at  what  ao^e,  §  3172. 
rejrulations  for  selling,  §  3182. 
fraudulentl.v  branding,  §  3184. 
hides  of  cattle  to  be  preserved,   how  long,  § 

3185. 
kept  for  propagation,  to  be  licensed,   §  3385. 
sale  of,  at  auction,  §  3305. 
placing  dead  animal  near  highway.  §  2737. 
APPEALS  from  petition  of  board  of  examiners, 

S   071. 
APPOINTMENT  of  officers,   acts  in  relation  to, 

preserved.  §  19. 
APPORTIONMENT  of  students  of  univer.sity,  § 
1.394. 
of    school    moneys,   where  new    districts   are 

made.  §  1.582. 
of  state  and  county  school  fund,  §§  18.58,  1860. 
of  rollinsr  stock  of    railroads,  for    assessment 
puHJOses.  §  36G3. 
APPROPPtlATION.   action  on   claims  for  which 
has  been  made,  §§  660-662. 
action  on  claims  for  which,  has  not  been  made, 
§§  66.3-667. 
APPROVAL  of  bill  by  governor.  §  310. 

bill  returned  without,   §  311. 
ARMS,  governor  may  issue,  to  colleges,  §  380. 
to  be  issued  to  university  cadets,  §  1475. 
what,  to  be  furnished,  §1961. 
requisition  for,  §  1963. 

to  be  issued  to  military  academies,  §  1963. 
proceedings  on  approval  of  recjuisition   for,   § 

1964. 
bond  for,  §§  1965-1907. 


1074  Index. 

ARMS— Couliuuecl. 

inspection  of,  §  1968. 
repair  of,  §  1969. 
transportation  of,    §   2111. 
ARREST  of  defaulting  witness,  by  order  of  sen- 
ate or  assemblT,  §  303. 
electors,  when  privileged  from,  §  1069. 
militiamen,  wlien  privileged  from,  §  2021. 
dntv  of  pilots  to,  §  2459. 
ARTICLES  OF  INCORPORATION,  secretary  of 
state  to  record,  §  408. 
fees  of  insurance  commissioner   for  filing,    § 
.      605. 
ASSEMBLY.     See  Legislature. 
ASSESSMENT  for  taxes.     See  Taxes. 

for  reclamation  purposes.     See  Lands. 
ASSESS:MENT-B00K.    See  Taxes. 
ASSESSOR.    See  Taxation,  sub.  Assessment,  As- 
sessor, 
insurance  commissioner  to  furnish  information 

to.  S  G25. 
must  Iveep  roll  of  electors.  §  1098. 
what  enrollment  must  show,  §  1099. 
must  indorse  certificates,  §  1100. 
must  malvc  monthly  returns,  §  1101. 
duties  of,  in  levying  school  tax,  §  1837. 
no  compensation  in  such  case,  §  1857. 
vacancy  in  office  of  such,  §  1842. 
to  enroll  persons  sub.iect  to  military  duty,   § 

1897. 
penalty  for  refusing  to  make  such  roll,  §  1898. 
compensation  of,  for  such,  §  1901. 
to  make  list  of  persons  and  property  subject  to 

taxation.  §  3628. 
to  exact  statement  from  persons,  §  3629. 
supervisors  to  furnish  lilanks  to,  §  3630. 
to  fill  out  statement,  §  3631. 
mav  examine  witness  in  relation  to  statement,; 

§ ■ 3632. 

dutv  of,  where  persons  refuse  to  render  state- 
ment, §  3633. 
mav  demand  title  deeds,  and  evidence  of  ti- ; 

tie,  etc.,  §  3634. 
to  estimate  value  of  property  of  unknown  or 
absent  owner,  §  3635. 


ludex.  1075 

ASSBSSOK— Continued. 

property  of  absent  or  unknown  owner,  how  as- 
sessed. §  3636. 

duty  of,  on  receipt  of  statement  of  property 
assessable  in  otlier  county,  §  3637. 

to  prepare  assessnient-booli,   §  3650. 

index  of  assessment  boolv,  §  3651. 

to  make  affidavit  in  assessment-boolv,  §  3652. 

may  be  required  to  furnisli  copy  of  assess- 
ment book,  §  3653. 

to  deliver  assessment-book  to  cleric  of  super- 
visors, §  3654. 

to  transmit  to  state  board  of  equalization  cer- 
tain statements,  when,  §  3655. 

penalty  for  failing  to  complete  assessment- 
book,  etc.,  §  3656. 

supervisors  to  furnish  certain  maps  to,  §  3658. 

surveyor-general  and  tide-land  commissioners 
to  furnish  certain  statement  to,  §  3659. 

liable  for  certain  taxes.  §  3660. 

action  on  bond  of,  for  certain  taxes,  §  8661. 

judgment  against,  for  certain  taxes,  §  3662. 

to  attend  county  board  of  equalization,  §  3677. 

deputy,  to  attend,  §  3677. 

board  of  equalization  may  require,  to  enter  cer- 
tain property  on  assessment-book,  §§  3679, 
3681. 

district  attorney  to  prosecute  for  fraud  in  as- 
sessment. §  3698. 

deputies,  §  3704. 

to  collect  certain  taxes,  §  3820. 

may  collect  such  taxes  by  seizure  or  sale,  § 
3821. 

how  governed  in  collection  of  such  taxes,  §§ 
3823-3825. 

to  make  settlement  with  auditor,  §  3826. 

compensation  of,  for  collecting  such  taxes,  § 
3829. 

to  collect  poll-taxes,  §  .3840. 

county  treasurer  to  furnish  poll-tax  receipts 
for,  §  3841. 

auditor  to  countersign  and  deliver  such,  §§ 
3844,  3855. 

may  collect  poll-tax  by  seizure  and  sale.  §  3846. 

to  whom  to  deliver  poll-tax  receipt,  §  ,3851. 

to  make  return  to  auditor,  as  to  poll-taxes  col- 
lected,  §§  3853,  3854. 


1076  Index. 

ASSESSOR— Coutinued. 

to  keep  roll  of  persons  subject  to  poll-tax.   § 
3857. 

compensation  for  collecting  poll-taxes,  §  3862. 

may  correct   assessment-book,    §   3881. 

to  make  annual  settlement  with  county  audi- 
tor, §  3889. 

supei'visors  to  allow  compensation  for  making 
certain  statements.  §  3893. 

supervisoi's   must   allow   sufficient   number   of 
deputies,  §  3894. 

supervisors  to  fix  compensation  of  sucb  depu- 
ties. §  389.5. 

when  to  be  elected,  §  4109. 

present  incumbents  to  hold  until   election  of 
succesf^or.  §  4109. 

bond  of.  §  4122. 
City,  term  of  office  of,  §  4369, 

bond  of,  §  4374. 

duty  of.  §  4390. 
ASSIGNMENT  of  trademarks.  §  3199. 

bv  delinquent  purchaser  of  state  land.  §  3552. 
ASSISTANT  Clerk  of  Assembly,   how  elected,   § 
247. 

duties  of,  §  254. 

duties  of,  at  close  of  session,  §  261. 

compensation  of.  §S  268.  269. 
Secretary  of  Senate,  how  elected,  §  247. 

duties  of.  §  254. 

duties  of,  at  close  of  session.  §  261, 

compensation  of,   §§   268,  269. 
Sergeant  at  Arms  of  senate  and  assembly,  how 
elected.  §  247. 

duties  of,  §  260. 

compensation  of,  §  268. 
ASYLUM,    deaf,   dumb,   and    blind.       See    Deaf/ 
Dumb,  and  Blind  Asylum. 

insane.     See  Insane  Asylum. 

orphan.     See  Oi"phans. 
ATTACHMENT  not  to  be  made  public,  when.  § 

10.32. 
ATTORNEY  AT  EAW,  admission  of,  to  practice, 
where  provided  for.  §  831. 

certain   officers  prohibited    from   acting   as.    § 
4121. 


Index.  1077 

ATTORNEY  AT  LAW— Coutinued. 
term  of  office  of  city,  §  4360. 
bond  of  citv.  §  4374. 
duty  of  city,  §  4391. 
ATTORNEY  GENERAL,  when  to  malce  report  to 

governor,  §  332. 
number  of  copies  of  report.  §  334. 
a  civil  executive  ofHcer,    §   343. 
clerlvs  of,   §§  343,  475. 
deputies  of,  §  472. 
reporter  for,  §  475. 
duties  of,  §  472. 

mode  of  election  and  term  of,  §  348. 
member  of  state  board  of  equalization,  §  352. 
ex  officio  member  of  board  of  examiners,  §  364. 
general  duties  of,  §  470. 
action  where  state  a  party,,  duty  of,  §  470. 
salary  of,  §  471. 
salaries  of  deputies  of,  §  472. 
acts  authorizing  dismissal  of  certain  actions 

by,  p.  957,  Stat, 
official  bond  of,  §  473. 

duty  as  to  escheats— suits  and  counsel,  §  474. 
to  conduct  action  against  insurance  companies, 

§  601. 
no  salary  as  member  of  board  of  examiners, 

§  684. 
to  reside  in  Sacramento,  §  852. 
vacancy  in  office  of,  how  filled,  §  1001. 
legal  adviser  of  harbor  commissioners,  §  2553. 
.surveyor  general   may   require  services   of,    § 

3413. 
traveling  expenses  of,  in  such  case,  §  3413. 
to  assist  state  land  commission,  §  3523. 
special  counsel,  §  472. 
AUCTIONEER,  wlio  may  become,  §  3284. 
bond  of,  §  3285. 

government  bonds  exempt,   §   3285. 
original  application  for  license,  how  classified, 

3287. 
renewal  of  license,  §§  3288,  3289. 
license   not   to   be  transferred,    §  3290. 
ex  officio,  §  3291. 

assistant,  who  ma.v  be  and  where,  §  3292. 
in  cities,  to  designate  place  of  business,  §  3302. 
to  sell  at  no  other  place,  §  3303. 


1078  Index. 

AUCTIOXEElt— Coutimied. 

power  of  city  authorities,  §  3304. 

to  keep  boolvs  of  sales.  §§  3305,  3300. 

to  advertise  sales  in  San  Francisco,  §  3307. 

sales  to  be  made  in  daytime,  except,  §  3308. 

commission     and    penalty   for    overcharge,    § 
3309. 

quarterly  report  of  sales.  §  3310. 

penalty  for  not  reporting  or  reporting  falsely, 
§  3322. 

penalties,  how  recovered  against,  3323. 

action  on  bond  of,  §  3324. 

license  of,  §  3376. 
AUDITOR     to  prepare  and  print  licenses,  §  33.56. 

to  number,  sign,  and  deliver  licenses  to  tax 
collector,  §  3357. 

to  keep  stumps  and  license  account,  §§  3358, 
3363. 

fees  of,  for  licenses  in  certain  ease.  §  3364. 

to  compare  and  countersign  report  of  treas- 
urer to  register  of  state  lands,  §  3422. 

fees  of.  for  services  in  relation  to  state  lands, 
§  3428. 

duty  of,  where  assessor  employs  surveyor  to 
survey  certain  land,  §  3634. 

where  fails  to  make  statement  to  state  board 
of  equalization,   §  3694. 

supervisors  may  authorize  employment  of  dep- 
uty by,  when,  p.  957,  Stat. 

powers  and  duties  of.    See  SS  109-118  of  Coun- 
ty Government  Bill  in  General  Laws. 

miinicipal,  powers  and  duties.    See  Municipal 
Coi'poration  Bill  in  General  Laws. 

clerk  of  state  board  of  equalization  to  trans- 
mit statement  to,  §  3695. 

extension  of  time  by  state  board  of  equaliza- 
tion to  be  certified  to.  §  3705. 

to  enter  what  facts  in  assessment-book,  §  3727. 

prepare  duplicate  statement  showing  what,  § 
3728. 

transmit  statements  to  controller  and  board  of 
equalization,  §  3729. 

to  follow  directions  of  state  board  of  equaliza- 
tion, §  3730. 

compute  and  enter  taxes  against  property, 
3731. 


Index.  1079 

AUDITOR— Contiuued. 

deliver  duplicate  assessDient-book  to  collector 

and  make  affidavit  thereto,  §  3732. 
retain  original  assessment-book.  §  3733. 
charge  tax  collector  with  certain  amount  of 

taxes,  §  3734. 
verify  all  statements  by  affidavits,  §  37.35. 
duty     of,     where     duplicate     assessment-book 

transferred  from  one  collector  to  another,  § 

3736. 
tax   collector    to    settle    with,   wlien,   §§  3753, 

37.>S. 
deliver  to  auditor  delinquent  list,  §  3759. 
to  settle  with  tax  collector,  how,  §§  3761,  3762. 
transinit  statement  to  controller,  §  3763. 
compare  delinquent  list,  §  3797. 
administer  oath  to  tax  collector,  §  3798. 
credit  collector  with  amount  of  delinquencies, 

§  3799. 
allow   expenses   for   coUectins;   certain   tax,    § 

3810. 
,    note    on  assessment-book    taxes  on    personal 

property  collected  by  assessor,  §§  3827,  3828. 
sign  and  deliver  poll-tax  receipts,  §  3844. 
assessor  to  settle  with,  for  poll-tax,  §§  3853, 

3854. 
to  return  to  treasurer  unused  poll-tax  receipts, 

§   38.35. 
treasurer  to  credit  auditor  with  such,  §  3856. 
roll  of  persons  subiect  to  poll-tax  to  be  filed 

with,  §  38.58. 
to  make  certain  settlement  with  controller,  §§ 

3868.  3869. 
controller  to  make  entries  on  report  of,  §  3873. 
to   make   proper  entries   in   his   account   with 

treasurer,  §  3875.  • 

state  board  of  equalization  to   certify   to  the 

dispensing  of   duplicate   assessment-book,    § 

3896. 
county  clerk,  when  ex  officio,  §§  4105,  4106. 
office  hours  of,  §  4116. 
to  reside  at  county  seat,  §  4119. 
bond  of.  §  4122. 
county  treasurer,  to  receive  no  moneys,  except 

on  certificate  of.  §  4145. 
receipt  to  be  deposited  with,  §  4146. 


1080  Index. 

AUDITOR— CoutimiPd. 

treasurer,  when  to  settle  with,  §  4154. 
treasurer  must  permit,  to  examine  his  boolis, 

§  4165. 
to  draw  warrants  and  settle  accounts,  §  4215. 
how  to  settle  with  debtors  to  the  countv,   § 

4217. 
must  number  warrants.  §  4219. 
must  examine  books  of  treasurer.  §  4220. 
to  count  money  in  treasury,  §  4221. 
to  malve  joint  statement  to  supervi.'ior,  §  4223. 
AUDITORS.  :MILITARY.     See  National  Guard. 
AUTHORITY,  words. givinj?  joint,  how  construed, 

§  15. 
BADGES  for  sheriffs  and  deputies,  §  4192;  p.  lOGO, 

Stat. 
BAILIFF  OF  SUPREME  COURT,  salary,  §  739. 

appointment,  powers,  and  duties,  §  830. 
BALLOT  BOX  to  be  exhibited  at  polls,  §  1102. 
HALLr)rs.    See  Election. 
BARREL  defined,  §  3217. 
BATTALIONS.     See  National  Guard. 

naval.     Sef>  Naval  Battalion. 
BAWDl-HOI'SE,    Chinese,  act    for    suppression 

of,  preserved,  §  19. 
BEACON,  sites  for  submarine,  §  34. 
BILLIARD  TABLES,  license  for  keeping,  §  3380. 

subd.  1. 
BILL  OF  EXCHANGE,  protest  of,  by  notary  pub- 
lic, §  795. 
BILLS.  LEGISLATIVE.     See  Legislature. 
BIRTHS,  records  of,  in  San  Francisco,  §  3023. 
return  of,  in  San  Francisco,  §  3024. 
registry  of,  §  3075. 
reports  to  recorders  of,  §§  3077",  3078. 
registrt  of.  to  be  kept  by  recorder,  §  3079. 
register  of,   copy  to  be   sent  to  secretary  of 

board  of  health,  §  3080. 
fees  of  recorder  for  registering,  §  3081. 
recorder  to  keep  book  for  recording,  §  4235. 
recoi'der  to  keep  index  to  register  of,  §  4236. 
BLANKS  to  be  furnished  by  insurance  commis- 
sioners. §  615. 
election,  by  whom  furnished,  §  1073. 
certain,  to  be  prepared  by  surveyor-general.  § 
3429. 


Index.  1081 

BLANK  S— Continued. 

certain,  to  be  furnished  assessor,  §  3630. 
poll-tax  receipts,  §§  3841-3845. 
BLIND  ASYLUMS.    See  General  Laws,  title  Deaf, 

Dumb,  and  Blind. 
BOARD   OF  CAPITOL  COMMISSIONERS.     See 

Capitol. 
BOARD  OF  EQUALIZATION.     See  Taxes. 
BOARD  OF  EXAMINERS.     See  Examiners. 
BOARD  OF  HARBOR    COMMISSIONERS.     See 

Harbor  Commissioners. 
BOARD  OF  HEALTH.     See  Health. 
BOARD  OF  REGENTS.     See   University. 
BOARD    OF     TIDE-LAND     COMMISSIONERS. 

See  Lands. 
BOARDS  OF  ELECTION.     See  Election. 
BOARDS  OF  SUPERVISORS.     See  Supervisors. 
BOATS.     See  Vessels. 
BOLIfsAS    BAY,    act    preventing    destruction    of 

fish  In,  preserved,  §  19. 
BONDS.       See    Negotiable    Instruments;     Public 
Debt, 
acts  providing  for  issuance  of  state,  preserved, 

§  10. 
of  officers,  to  be  recorded  by  secretary  of  state, 

§  408. 
of  secretary  of  state,  §  423. 
of  state  controller,  §  442. 
of  treasurer  of  state.   §  459. 
of  attorney-general,    §   473. 
of  surveyor-general,  §  487. 
of  register  of  state  land-office,  §  502. 
of  superintendent  of  public  instruction,  §  517. 
of  state  printer.  §  537. 
of  inspectors  of  gas  meters.  §  584. 
from  foreign  corporations,  §§  623,  624. 
of  insurance  commissioner,  §  632. 
state,   conversion  of  school   fund  into,    §§  680- 

6S2. 
state,  purchase  of,  by  examiners,  §  683. 
of  clerk  of  supreme  court,  §  757. 
of  notary  public.  §  799. 
of  officers,  must  be  filed,  when,  §  947. 
of  state  officers,  approved,  filing,  etc.,  §  948. 
of  secretary  of  state,  where  filed,  §  949. 
of  countv  and  township  officers,  §  950. 
I'ol.  Ciide—Ol 


1082  Index. 

BONDS— Continued, 
recordins?  of,  §  951. 
approvai  to  be  indorsed  on,  §  952. 
not  to  be  filed  before  approval,  §  95.3. 
couflitious  of  and  number  of  sureties,  §  954. 
justification  of  sureties  on,  §  95.5. 
sureties  on,  for  less  than  penal  sum,  §  956. 
act  alloAving  corporations  to  act  as  sole  surety. 

See  Civil  Code.    Appendix,  p.   725. 
corporations  as  sureties  on,  §  955. 
custodv  of.  S  957. 
form  of,  §  958. 
construction  of,  §§  959,  960. 
suits  on,  §§  961.  962. 
defeats  in,  etc..  not  to  vitiate.  S  963. 
insufiiciency   of   sureties   on,    §  964. 
form  of  additional,  §  965. 
force  of  original,  §  966. 
liabilities  on,  §  967. 
sepaiate  judgmeuts  on,  §968. 
contribution,  §  969. 
discharge  of  sureties  on,  §  970. 
of  persons  appointed  to  fill  vacancies,  §  971. 
release  of  sureties  on.  §§  972-974. 
wlien  otfice  declared  vacant  for  want  of,  §  975. 
supplemental,  §§  975-979. 
effect  of  discharge  of  sureties  on,  §  980. 
of  recei^'trs.  executors,  administrators,  etc..   § 

9S1. 
of  trustees,  assignees,  receivers,  etc.,  §  982. 
actions  on,  §S  983.  984. 
of  deputies,  clerks,  etc..  §  985. 
of  countv  clerk,  when  filed,  §  986. 
lien  on  lands  of  bondsmen,  §§  984,  987. 
of  militaiy  officers  on  receiving  arms,  §§  1965- 

1967. 
of  adjutant-general,  §  2116. 
of  medical  superintendent  of  insane  asylum.  § 

21.55. 
of  treasurer  of  insane  asylum.  §  2183. 
of  officers  of  insane  asylum.  §  2194. 
of  ofiicers  of  deaf,  duiub,  and  blind  asylum.  § 

2244. 
of  principal  teacher  of  deaf,  dumb,  and  blind 

asylum.  §  2270. 
of  treasurer  of  deaf.  dumb,  and  blind  asylum, 

§  2282. 


ludex.  1083 

BONDS— Continued. 

of  state  lilDrarian,  §  2304. 

of  claimant  of  wrecked  property,  §  2409. 

action  on  such,  §  2410. 

of  pilots,  §  2431. 

of  harbor  commissioners,  §  2521. 

of  employees  of  harbor  commissioners,  §  2546. 

of  petitioners  for  chau,ainsi'  road,   §  2083. 

of  owners  or  keepers  of  toll-bridge,  §  2850. 

of  owner  or  consignee  of  vessel  in  certain  case, 

§  2952. 
nature  of  such,  §  2954. 
action  on  such,  §  2956. 
penalty  for  neglect  to  give  such,  §  2957. 
of  commissioner  of  immigration,  §  2968. 
of  health  officer  of  San  Francisco,  §  3030. 
of  physicians  requiring  dead  bodies  for  dissec- 
tion, §  3095. 
of  auctioneer,  §  3285. 
of  auctioneer,  action  on,  §  3324. 
of  levee  disti-icts  may  be  given  in  payment  of 

swamp  lands,  §§  .3440.  3480. 
officers,  bonds  of.    See  §  66  of  County  Govern- 
ment Bill  in  General  Laws, 
liability  on  assessors,  §  36()0. 
of  assessor,  action  on,  §  3(501. 
liability  on  official,  §  4117. 
of  county  officers,  §  4122. 

recorder  to  keep  books  for  recording,  §  4235. 
recorder  to  keep  indexes  of  recorded,  §  4236. 
BONDS  OF  CITY.     See  City  Indebtedness. 
BONDS  OF  COUNTY.     See  County  Indebtedness. 
BONDS  OF  SCHOOL  DISTRICT,  calling  election 

as  to  issuance  of,  §  1830. 
BONDS   OF   STATE,   conversion   of   school   fund 
into,  §§  680-682. 
purchase  of.  by  board  of  examiners,  §  683. 
BOOKS,  certain,  to  be  delivered  to  secretary  of 
state  at  close  of  session  of  legislature,  S  261. 
controller  and  treasurer  to  allow  inspection  of, 

§  678. 
possession  of  official,  S  1014. 
proceedings   to   compel   delivery   of   official,    § 

1015. 
enforcement  of  delivery  of,  §  1016. 
school,  once  adopted,  to  be  kept  how  long,  § 
1874. 


1084  Index. 

BOOKS— Continued. 

text-books  to  be  continued  in  use.  §  1874. 
penalties  for  refusal  to  use  school,  prescribed, 

§  187.5. 
of  state  library,  who  may  take,  §  2296. 
of  state  library  taken  by  members  of  legisla- 
ture. §  2297. 
of  state  library,  taken  by  state  officers,  §  2298. 
of  state  librai-y.  liability  for  injuries  to,  §  2299. 
of  supreme  court  library,  who  may  use,  §  2315. 
to  be  kept  by  auctioneer.  §§  3.30.5,  3.306. 
to  be  kept  by  supervisors,  §  4031. 
of  county  treasurer,  to  be  kept  open.  §§  4164, 

4105. 
to  be  kept  by  county  recorder,  §  4235. 
of  recorder,  to  be  open  for  inspection,  §  4246. 
assessment.     See  Taxes. 
BOUNDARIES.  Countv.  certain  terms  used  in  de- 
tining,  §§  .3903-.3908. 
of  the  various  counties.     See  Counties, 
inadequatelv     marlied,     how     established,     §§ 

3969-3972. 
may  be  changed,  §  1129. 
alteration  of,  effect  on  taxes  levied,  §  3975. 
City,  may  be  changed,  §  4357. 
Election  precincts,  how  established,  §  1127. 
BRANCH  INSANE  ASYLUil.     See  Insane  Asy- 
lum. 
BRANCH  PRISON.     See  Prison  of  State. 
BRANDS.     See  Marks  and  Brands. 
BRIDGES  are  highways,  when.  §§  2618.  2619. 
between   road    districts,    how    constructed,    §§ 

2713.  2714. 
erection  and  maintenance.  §  2711. 
when  county  may  aid  in  constructing.  §  2712. 
construction  and  repair.  §§  2645,  2711.  2713. 
contract  for  construction  and  repair.  §  2713. 
supervisors,   when  to  control  constriiction  and 

repair.  §  2713. 
report  of  road  otficers  to  include,  §  2716. 
when  supervisors  must  repair,  §  2715. 
semi-annual  meetings    for  bridge  purposes.   § 

2716. 
driving  over,  §  2741. 
by  toll-road  companies.  §  2791. 
power  to  erect  over  ditches.  §  2737. 
misdemeanor,  injury  to  bridge,  §  2737. 


Index.  1085 

BRIDGES— Contiuned. 

declaring    bridges    to  be  public    liifflaways,   § 

2737. 
Toll,  when  board  to  grant  authority  to  construct, 

§§  2843,  2872. 
notice  must  be  proved,  §  2844. 
duty  of  supervisors  granting  authority  to  con- 
struct, §  2845. 
license  tax  and  rates  of  toll,  §  2846. 
report  of  owner  of,  §  2847. 
inquiry  of  supervisors,  fixing  tolls,  §  2848. 
when  "to  direct  license  to  issue,  §  2849. 
bond  of  owner  or  keeper  of,  §  2850. 
when  meets  two  counties,  §  2851. 
supervisor  interested  in,  disqualified,  §  2852. 
within  one  mile  of  another,  2853. 
owner  of  laud  to  be  preferred  to  build,  §  2854. 
how  lands  are  required  for  use  of,  §  2855. 
rates  of  toll  to  be  posted,  §  2856. 
revenue  derived  from  license  tax,  §  2857. 
banks  to  be  kept  in  repair,  §  2858. 
applications  for  leave  to  construct,  §  2870. 
hearing  of  application,  §  2871. 
action  of  supervisors  thereupon,  §  2872. 
no  bridges  to  be  licensed  on  certain  streams,  § 

2872.  ■ 
supervisors    granting    authority  to    construct, 

may  require  what.  §  2873. 
use  of  highways  for,  §  2874. 
how  constructed  over  navigable  waters,  §  2875. 
supervisors  may  regulate  weight  and  number 

of  animals  to  be  on  bridge  at  one  time,   § 

2876. 
over  streams  navigated  by  rafts,  §  2877. 
completion  of  rate  of  toll,  and  license  tax,   § 

2878. 
.     persons  exempt  from  paying  tolls.  §  2879. 
penalty  for  avoiding  tolls.  §  2880. 
county  may  purchase,  §  2881. 
protection  of,  §  2938. 
license  for,  §  3378. 
where  assessed.  8  3643. 
BRIGADES.     See  National  Guard. 
BRIGADIER-GENERADS.     See  National  Guard. 
BROKERS,  license.  §  .3379. 
BUILDINGS,  PUBLIC,  proceeds  of  lands  granted 

for,  how  applied,  §  1415. 


10S6  Index. 

BUILDINGS,  PUBLIC— Continued. 

for  university,  construction  of,  §§  143G-143S. 

temporary,  for  university,  §  1439. 

labor  and  material  on.  §§  3233,  3234. 

hours  of  labor  on,  §  3245. 

See  Public  Works. 
BURIAL.     See  Dead  Botlies. 
BUKYING-GROUXD.  STATE.     See  Dead  Bodies. 

number  of  trustees  ot,  §  343. 

trustees,  how  appointed,  §  368. 

term  of  office  of  trustees  of,  §  3596. 

title  to,  §  3596. 

who  may  be  interred  therein,  §  3596. 

duties  of  trustees  of,  §  3597. 
BUSHELS.     See  Weights  and  Measures. 
BUTTE  COUNTY,  legal  distances     from  county 
seat,   §  154. 

boundaries  and  county  seat  of,  §  3922. 

salary  of  county  .iudge  of,  §  4.329. 

salary  of  district  attornev  of,  §  4330. 
BY-LAWS  of  reclamation  districts,  §  3452. 

such,  to  be  signed  and  recorded.  §  3452. 

snbsequoct    purchaser    governed    b.y    such,    § 
34fi9. 

of  corporations.     See  Corporations. 
CADETS.    See  University. 

CALAVERAS    COUNTY,    legal     distances    from 
county  seat,  §  155. 

treasurer  of,  when  to  settle  with  controller,  § 
3866. 

boundaries  and  county  seat  of,  §  3936. 

salary  of  county  judge  of.  S  432.S. 

salary  of  district  attorney  of,  §  4329. 
CANCELLATION    necessary    before  registration 
elsewhfre,  §  1104. 

of  entry  on  great  register,  §  1105. 

when  entry  to  be  canceled.  §  1106. 

action  lies  to   compel,    §  1109. 

parties  to  action.  §  1111. 
CANVASS.     See  Election. 
CAPITAL  STOCK  of  insurance  companies,  when 

to  be  repaired,  §  600. 
CAPITOL  OF  STATE  at  Sacramento,  §  145. 

legislature  to  assemble  at.  §  235. 

secretary  of  state  superintendent  of.  §  412. 
(~"ommissioners  of.  time  of  making  report.  §  332. 


Index.  1087 

CAPITOL  OF   STATE— Coutiuued. 

niamber  of  copies  of  report,  §  334. 

distribution  of  reports,  §  335. 

number  ooniposing  board,   §  343. 

who  are,  §  360. 

duties,  where  prescribed,  §  697. 

Fund,  amount  raised  for,  §  3713. 

CEMETERIES.     See  Dead  Bodies. 

superintendents    of,   to    report    interments,    § 
3026. 

title  to  crouuds,  §§  3105,  3108. 

what  constitute,  §  3106. 

under  whose  control,  §§  3109.  3110. 

register  of  interments  to  be  kept,  §  3111. 

permit  to  bury  dead  bodies,  §  3084. 
CEXSUS-MAKSHALS.    See  Schools. 
CEKl'IFKLvTE    of    election  -  to    legislature,   evi- 
dence of  ^vhat,  §  236. 

on  vetoed  legislative  bill  passed,  §  311. 

of  secretarv  of  state,  where  bill  becomes  law 
by  lapse  of  time,  §  313. 

certain,  to  be  filed  in  office  of  insurance  com- 
missioner, §§  607,  608. 

of  filing  oath  of  notary  public,   §  800. 

of  proficiency  to  university  students.  §  1401. 

of  physicians,  on  examination  of  insane,  §  2215. 

such,  how  made,  §  2216. 

of  survey  by  port-wardens,  §  2510. 

of  completion  of  toll  road,  §  2797. 

of  exempt  firemen,  by  and  to  whom  issued,  §§ 
3338,  .3339. 

of  sale  of  property  for  taxes,  §  3776. 

such  to  be  signed  and  recorded,  §  3777. 

effect  of  filing  such.  §  3779. 

of  school  teachers.     See  Scliools. 
CHAIN  defined,  §  .3212. 
CHARTERS  of  municipal  corporations  preserved, 

§  19. 
CHEMIST  summoned  by  coroner,  §  4290. 
CHIEF  OF  FIRE   DEPART:MENT,   duties  of,    § 

to  att'eud  fires,  etc.,  §  3.343. 
CHINESE  houses  of  ill-fame,   act  concerning,  in 

force,  §  19. 
separate  schools  for,  §  1662. 
product  of  labor  of  not  to  1)o  used   in  pul»lic 

work,  §  3235. 


1088  ludex. 

CHOSE  IN  ACTION,  personal  property,  §  17. 
to  whom  assessed.  §  3647. 
taxes  on,  by  whom  paid,  §  3647. 
CHUTES.     See  Wharves,  Chutes,  and  Piers. 
CITIES,  acts  incorporatinj?  or  consolidating,  pre- 
served. §  19. 
acts  authorizing  offlcers  of,  to  appoint  subor- 
dinates, preserved,  §  19. 
exempt  from  laws  concerning  wharves,   etc., 

§  2920. 
may  adopt  sanitary  regulations,  §  3061. 
authorities  of,  may  regulate  actions,   §  3.304. 
property  of,  exempt  from  taxation,  §  3607. 
bodies  politic  and  corporate,  §  4354. 
distriljution  of  powers.  §  4355. 
declared  by  the  legislature,  §  4356. 
boundaries  of,  how  changed,  §  4357. 
first  election  of  officers  of,  §  4366. 
connnon  couucil  of.    See  Common  Council, 
oath  and  bonds  of  officers,  §  4374. 
executive  officers,   §  4385. 
mayor,  §  4386. 

accounts  and  demands  against,  §  4387. 
marshal.  §  4389. 
assessor,  §  4390. 
attorney.  «  4391. 
treasurer.  §  4392. 
clerlj,  §  4393. 
police  judge,  §  4424. 

certain  statutes  concerning,  preserved.  §  4442. 
liabilities  for  injuries  by  mob  or  riot,  §  44.52. 
See  Municipal  Corporations. 
CITIZENS,  people  consist  of,  §  50. 
who  are,  §  51. 
allegiance  of,  §  55. 
of  the  United  States,  rights  of,  §  60. 
See  Aliens. 
CITY  AND  COUNTY  ATTORNEYS,  assistants  to 
in  cities  over  hundred  thousand,  p.  958.  Stat, 
powers  and  duties  of.    See  Municipal  Corpora- 
tion Bill  in  General  Laws. 
CITY  ATTORNEY,   assistants  for  in  cities  over 
one  hundred  thousand,  p.  958,  Stat. 
powers  and  duties  of.    See  Municipal  Corpora- 
tion Bill  in  General  Laws. 
CITY    INDEBTEDNESS,  refunding  outstanding 
§  4445. 


Index.  1089 

CITY   INDEBTEDNESS— Continued, 
form  of  bond.  §  4445. 

bond  to  be  delivered  to  city  treasurer.  §  4446. 
cancellation  of  old  bonds,  §  4446. 
treasurer  to  report   statement  of  bonds   sold, 

§  4446. 
sale,  how  made.  §  4446. 

assessment  to  pay  interest  on  bonds,  §  4447. 
redemption,  how  made,  §  4448. 
failure  to  levy  tax,   proceedings    to    compel,    § 

4449. 

See  Public  Debt. 
CLAIM  before  board  of  examiners,  §§  660-673. 
military,  how  audited.  §  2094. 
aiiainst  pilot  commissioners,  §  2491. 
supervisors,  when  not  to  allow  certain.  §  4070. 
county  officers  not  to  present  certain,  §  4071. 
allowance  of  claims  by  supervisors,  who  may 

oppose,  §  4071. 
against  counties,  how  to  be  made  out,  §§  4072, 

4073. 
against  counties,  when  to  be    rejected,  modi- 
fied, or  paid,  §  4074. 
claimant  dissatisfied  with  allowance  may  sue, 

§  4075. 
of  supervisors,  how  presented.  §  4082. 
disti-ict  attornev  not  to  present  certain,  §  4258. 
CLERK  OF  COUNTY,  of  district  court,  notice  of 

contested  election  to  be  filed  with,  §  274. 
duty  of,  in  such  cases,  §§  275,  279,  281. 
ex  officio  sealer  of  weights  and    measures,   § 

562. 
duties  of,  in  such  capacity,  §  563. 
standards  of  weights  and  measures  for,  §  564. 
standards  of.  to  compare  with  those  of  state 

sealer,  §  566. 
fees  of  county  sealer.  §  567. 
certificate  of.  of  filing,  etc.,  of  bond  of  notarv 

public,  §  800. 
to  give  notice  of  contest  of  title  to  office,  §  937. 
powers  and  duties  of.     See  §S   107.  108,  Coxin- 

ty  Government  Bill   in  General  Laws, 
not  to  practice  law.    See  §  ()5  in  County  Gov- 
ernment Bill  in  General  I^aws. 
to  take  affidavits  for  jiensiou  claims  without 

charge,  p.  mO.  Stat. 


1090  Index. 

CLERK  OF  COUNTY— Contiuued. 

deputies  and  assistants  of  county  clerk  in  San 

Francisco,  p.  959.  Stat, 
fees  of  clerli  for  record  of  persons  becoming 

citizens.    See  General  Laws,  title  "Aliens." 
assignment  of  deputies  to  duties  in  new  courts 

under  new  constitution,  p.  958,  Stat, 
official  bonds  to  be  filed  with,  §  950. 
record  of  official  bonds  by,  §  951. 
official  bond  of.  where  filed,  §  986. 
not  to  malie  public  divorce  or  attachment  mat- 
ters, when.  §  1032. 
to  lieep  great  register.  §  1094. 
must  enter  names  therein,  §  1095. 
rules  governing  entry,  §  1097. 
duty  relative  to  proof,  §  1100. 
duty,  on  returns  made  bv  assessor.  §  1102. 
must  file  aflidavits.  §  1103. 
when  to  cancel  entry,  §  1106. 
must  give  certificate  of  registration.  §  1107. 
actions  against  for  refusal  to  register,  §  1108. 
action  to    compel    cancellation    of    registrv,  § 

1109. 
costs  in  action  against,  §  1112. 
must  make  copy  of  register,  §  1113. 
great  register  to  be  printed.  §  1115. 
must  distribute  printed  copies,  §  1116. 
to  keep  ballots  returned  unopened,  §  1265. 
when  to  open  and  when  to  destroy.  §  1266. 
to  deliver  returns  to  supervisors.  §  1267. 
to  file  copy  of  register  returned,  §  1268. 
to  issue  certificate  of  election,  §  1284. 
to  make  up  district  returns  of  election,  §§  1285, 

1280. 
duty  on  receiving  district  returns,  §  1287. 
to  make  up  returns  of  election  of  state  officers, 

§  1288. 
duty  on  receiving  state  returns,  §  1289. 
duty  on  returns  of  election  of  governor.  §  1293. 
duty  on  returns  of  presidential  electors,  §  1308. 
may  employ  messenger,  §  1310. 
proof  of  necessity  of  appointment,  §  1311. 
may  issue  exempt  fire  certificates,  §  3339. 
statement  of  result  of  election  for  removal  of 

county  seat  to  be  filed  with.  §  3983. 
ex  officio  clerk  of  supervisors,  §  4029. 


ludex.  1091 

CLERK  OF  COUNTY— Coutinued. 

when  to  be  ex  officio  auditor  and  recorder,  §§ 

4105,  4106. 
election  of,  §  4109. 

to  Iveep  office  at  county  seat,  §  4116. 
to  reside  at  county  seat,  §  4119. 
proliibited  from  practicing  law.  etc.,  S  4121. 
bond  of,  §  4122. 
duties  of,  §§  42(>4,  4205. 
CLERK    OF    SUPREME    COURT,    election    and 
term  of  office,  §  749. 
general  duties,  where  prescribed,  §  750. 
may  appoint  six  deputies,  §  751. 
fees,  §  752. 

fees,  how  disposed  of,  §  753. 
settlements  when  and  ho'W  made,  §  754. 
salary,  §  755. 
salary  of  deputies,  §  756. 
bond,  §  757. 

to  reside  at  Sacramento,  §  852. 
to  give  notice  to  disbursing  officers  of  contest 

of  title  to  office,  §  937. 
vacancy  in  office  of,  how  filled,  §  1001. 
CLERKS,  certain  acts  authorizing  appointment  of 
certain,  preserved,  §  19. 
hold  office  at  pleasure  of  principals,  §  371. 
Of  assembly,   Iiolds  office  until  election  of  suc- 
cessor, §  237. 
duty  of,  on  organization  of  assembly,  §  239. 
how  elected,   §  247. 
duty  of,  §§  253,  261. 
salary  of,  §§  268,  269. 
duty  of,  in  contested  elections,  §  292. 
Of  Attoiuey  (Tcneral,   salary  of,   §  472. 
Of  Board  of  Equalization  to  transmit  statements 
to  county  auditor,  §  3695. 
may  administer  oaths,  §  3699. 
to    separately    perform  the    duties    thereof,   § 
3890. 
Of  City,  duty  of,  §  4393. 

when  to  be  chosen,  §  4405. 
Of  Controller,  number  of,  S  343. 

salary  of,  S  441. 
Of  County.    See  Clerk,  County. 
Of  Election,  m;iy  administer  oath,  §  1146. 
to  be  sworn,  §  1148. 


1092  Index. 

CLERKS- Continued. 

to  keep  tallies  of  votes,  §  1258. 
on  district  returns,  etc.,  §  1287. 
Of  Police  Courts,  how  appointed,  etc.,  §  4425. 
Of  Register  of  State  Land-office,  number,  §  343. 

salary,  §  500. 
Of  Secretai-y  of  State,  number,  §  343. 

salary,  §§  420-422. 
Of  State  Treasurer,  number,  §  343. 

salaries,   §  457. 
Of  Superintendent  of  Public  Instruction,  salary, 

§  515. 

Of  Supervisors,  assessment-book,  etc.,  to  be  de- 
livered to,  §  3654. 
to    record    proceedings,    alterations,     etc.,     of 

board  of  equalization,  §  3682. 
countv  clerk,  ex  officio,  §  4029. 
duties  of.  §  4030. 
to  forward  to  whom,  assessor's  enrollment  of 

militia,  §  1900. 
duty  of,  in  relation  to  road  matters.  §  2621. 
Of  Supreme  Court.    See  Clerk  of  Supreme  Court. 
Of  Survevor  General,  number,  §  343. 

salary,  §  486. 
Swamp  land  of  Sacramento  county.  §  3484. 
COACHES,    hackney,    regulations    concerning,     § 

2937.  J 

CODES.  Political  Code,  act  establishing,  §  1.  I 

when  took  effect.  §  2.  ' 

not  retroactive.  §  3. 
construction  of.  §§  4.  5. 
does  not  affect  certain  offices,  §  6. 
certain  offices,  how  affected  by,  §  7. 
certain  actions,  not  affected  by,  §  8. 
limitations,  not  affected  by,  §  9. 
effect  of  repeal  by.  §  IS. 
does  not  affect  certain  statutes.  §§  18.  19. 
construction  of.  in  relation  to  title  and  revenue, 

§§  3891.  3892. 
construction    of.    in    relation    to    statutes    of 

1871-2,   §§  4478,  4479. 
construction  of,  in  relation  to  other  codes,   SS 

4480-44^. 
publication  of.  §  4494. 
CODICIL  included  in  term  "will."  §  17. 
COIN,  taxes  to  be  paid  in  what.  §  3888. 


Index.  1093 

COLLECTION   of  road  poll-tax,    §2652. 

of  annual  road  property  tax,   §  2653. 

of  delinquent  bridge  and  ferrv  license  tax,   § 
2849. 

of  licenses.  §§  3361.  3387. 
COLLISION  of  vessels  by  nea^lect,  §  2369. 
COLUSA  COUNTY,  legal  distances  from  county 
seat  of,  §  156. 

boundaries  and  county  seat  of.  §  3916. 

salary  of  county  judge  of,  S  4329. 

salary  of  district  attorney  of.  §  4330. 
COMMANDER-IN-CHIEF.    See  National  Guard. 
COMMISSION  of  officers,  to  issue  from  governor, 
§  891. 

form  of,  issued  by  governor,  §  892. 

other  than  those  issued  by  governor,  §  893. 

of  deputies,  assistants,  etci..  §  894. 

to  be  issued  by  governor.  §  1291. 

to  military  officers.  §§  2061-2063. 
COMMISSIONER   OF   DEEDS,    governor   to    ap- 
point: term  of  office.  §  811. 

general  duties,  §  812. 

effect  of  acts,  §  813. 

oath  of  office,  Avhere  to  be  filed,  §  814. 

fees,  §  815. 

list  of,  to  be  published.  §  816. 

copy  of  law  to  be  sent  to,  §  817. 

may    take    aclvnowledgments,   where     §§  SI  2, 
813. 
COMMISSIONERS,  Capitol.     See  Capitol  of  Slale. 

court.    See  Court  Commissioner. 

fish.    See  Fish  Commissioner. 

harbor.    See  Harbor  Commissioner. 

highways.    See  Roads  and  Highways. 

immigration.    See  Immigration. 

insurance.    See  Insurance  Commissioner. 

lunacy.    See  Insane. 

pilot.    See  Pilots. 

reclamation.    See  Lands. 

state  lands.    See  Lands,  PuMic. 

tide-land.    See  Tide-land  Commissioners. 

toll-road.    See  Roads  and  Highways. 

ti'ansportation.    See  Freight  and  Fares. 

water.    See  Water  Commissioners. 

Yosemite.  etc.    See  Y'osemite  Valley  and  Mari- 
posa Big  Tree  Grove. 
Pol.  Code— 92 


J  094  Index. 

COMMISSIONS  allowed  to  auctioneers,  §  3309. 
COMMITTEE,  LEGISLATIVE.    See  Legislature. 
COMMON  COUNCIL,  number  and  election  of,  § 
4366. 

duty  of,  for  first  year,  §  4369. 
•       to  fix  terms  of  office,  §  4370. 

direct  tax  imposed  by,  limitation  on,  §  4371. 

may  exercise  right  of  eminent  domain.  §  4372. 

officers  not  to  be  absent  without  consent  of,  § 
4373. 

accounts  against  cities  to  be  audited  by,  §  4387. 

president,  §  438S. 

clerk,   §  4393. 

members.   §  4403. 

power,  §§  44(34,  4407. 

to  choose  clerk,  etc.,  §  4405. 

quorum,  §  4406. 

general  powers  of,  §§  4407,  4408. 

may  improve  streets,  §  4409. 

may  gTant  right  of  way.  §  4410. 

limitation  on  such  power,  §§  4411,  4413. 

may  contract  for  gas,  water,  etc.,  §  4412. 

ordinances  of.  §  4414. 

See  Supervisors. 
COMMON  LAW,  statutes  in  derogation  of,   con- 
sti'ued,  §  4. 

rule  of  decision,  §  4468. 
COMPANIES,  fire.    See  Fires  and  Firemen. 

militia.    See  National  Guard. 
COMPENSATION  of  certain  officers,  acts  in  rela- 
tion to,  preserved,  §  19. 

of  members  and  officers  of  legislature.  §§  266- 
269. 

of  state  printer,   §  530. 

of  officers  of  election,   §  1072. 

of  messenger  with     presidential     election  re- 
turns. §  1312. 

of  presidential  electors,  §  1321. 

sucli,  how  audited  and  paid,  §  1322. 

of  secretary  of  board  of  regents,  §  1451. 

of  state  board  of  education,  §  1522. 

of  deputy  school  superintendent  of  San  Fran- 
cisco, §  1550. 

of  school-census  marshals,  §  1639. 

of  city  board  of  examination,  §  1794. 

of  assessors  for  enrolling  militia,   §  1901. 


Index.  1095 

COMPENSATION— Continued. 

of  militiamen,  §§  2065.  2066. 

of  board  of  directors  of  insane  asylum,  §  2140. 

of  inspectors  of  steamboats  in  certain  case,  § 
2376. 

of  pilot  commissioners,  §  2483. 

of  road  commissioners,  §  2785. 

of  vaccine  agent,  §  2994. 

of  United  States  registers  and  receivei's.  §  3410. 

of  district  attorney,  for  prosecuting  delinquent 
purchasers  of  state  lands.   §  3553. 

of  guardian  of  Yosemite  valley  and  Mariposa 
big  tree  grove,  §  3585. 

of  assessor,  for  collecting  poll  taxes.  §  3862. 

conti'oller  to  withhold    certain,    from   auditor 
and  treasurers.  §  3867.  - 

of  tax  collector,  for  seizing  and  selling  pei'sonal 
property,  §  3793. 

of  assessor,  for  collecting  delinquent  taxes,   § 
3829. 

of  auditor  and  assessor,  for  extra  services,  § 
3893. 

of  deputy  assessors,  §  3894. 

of    witnesses    subpoenaed    by    supervisors,    § 
4069. 

officers,    compensation  of.    See  §§  1.59-215     of 
County  Government  Bill  in  General  Laws. 

certain  laws  in  relation  to,  preserved,  §  4331. 

not  allowed  for  certain  services,  §  4333. 
See  Officers. 
CONDEMNATION.    See  Eminent  Domain. 
CONGRESSIONAL  DISTRICTS,  enumeration  of, 

§  117. 
CONSOLIDATION  of  cities,  acts  concerning,  pre- 
served, §  19. 
CONSTABLES  are  township  officers,  §  4104. 

prohibited  from  practicing  law,   §  4121. 

not  to  practice  law.    See  §  65  of  County  Gov- 
ernment Bill  in  General  Laws. 

to  attend  justices'  courts,  §  4314. 

governed  by  what  law,  §  4315. 

legalizing  official  acts  of,  p.  9.58  Statutes. 

duties  of.    See  §§  153,  1.54.  of  County  Govern- 
ment Bill  in  General  Laws. 
CONSTITTTTTONAL  AMENDMENTS,  publication 
of,  §  1195. 


1096  ludex. 

CONSTRUCTION  of  words  givins;  ioiut  autboritv, 

§  15. 
of  words  and  phrases,  §§  14.  1.5,  16,  IT. 
of  statutes  in  aeneral.  §  326. 
of  official  bonds.  §§  9.59,  960. 
of  contracts,  as  regards  weight  and  measure.  S 

3222. 
of  the  codes.    See  Codes. 
COXTE:MrT.  supervisors  may  punish  for,  §  4047. 
CONTESTINO  ELECTIONS.    See  Election. 
CONTKA  COSTA  COUNTY,  legal  distances  from 

county  seat,   §  157. 
boundaries  and  county  seat  of.  §  3954. 
treasurer  of.  when  to  settle  with  controller,  § 

3866. 
salary  of  county  judge  of.  §  4329. 
salary  of  district  attorney.  §  4330. 
CONTRACTS,    certain    officers    prohibited     from 

being  interested  in.  S§  920-923. 
for  supplies  to  insane  asylum,  §  2139. 
to  repair  wharves,  docks,  etc..  §  2533. 
such,  to  be  signed  by  whom,  §  2.541. 
construction  of,  with  reference  to  weights  and 

measures.  §  3222. 
material  on  public  buildings  to  be  furnished 

by,  §  32:34. 
bv  supervisors  to  be  made  to  lowest  bidder.  § 
'4047. 
CONTROLLER  OF  STATE,  number  of  copies  of 

report  to  be  printed,  §  3.34. 
distribution  of  reports  of,  §  335. 
a  civil  executive  officer,  §  343. 
number  of  clerics  for.  §  .343. 
mode  of  election  and  term  of  office,  §  348. 
member  of  state  board  of  equalization,  §  352. 
chairman,  when.  §  352. 
general  duties.  §  433. 
to  number,   etc.,   cei'tiflcates  of   settlement.   § 

434. 
special  duties  connected  with   school  fund.   § 

435. 
must  draw  warrants,  in  what  order,  §  436. 
duty  of.  against  defaulters,  §  437. 
salary.  §  438. 
salary  of  deputy.  §  4.39. 


Index.  1007 

CONTROLLER    OF    STATE— Continued. 

salary  of  bookkeeper,  §  440. 

salary  of  Merks,  §  441. 

official  bond,  §  442. 
.  to  make  annual  estimate  for  school  expenses, 
§  443. 

list  of  special  acts  relating;  to,  §  443. 

mannea-  of  ascertaining  and  paying  accounts 
of  state  printer,  §  536. 

must  not  draw  warrants  until  ordered  by  ex- 
aminers. §  672. 

must  permit  ins])ection  of  books,  §  678. 

to  reside  at  Sacramento,  S  .sr)2. 

prohibited  from  dealing  in  certain  scrip,  §  923. 

vacancy  in  office,  how  filled,  §  1001. 

to  draw   warants   on    normal   school   fund,    § 
1507. 

to  draw  warrants  on  military  fund,  §  2098. 

when  not  to  draw  offi'cer's  warrant,  §  2298. 

to  draw  warrant  iri  favor  of  person  surrender- 
ing certain  certificate  of  purchase,  §  3572. 

auditor  to  transmit  statement  to,  §§  3729,  3763. 

may  require  district  attorney  to  prosecute  tax 
collector,  §  3755. 

county  treasurer  to  settle  with,  §§  3865,  3866. 

penalty  for  faihire  to  settle  with,  §  3867. 

settlement  of  couBty  auditors  with,  §  3868. 

auditor  to  transmit  report  to.  by  mail,  §  3869. 

to  withhold  certain  compensation,  §  3870. 

to  make  entries  on  auditor's  report,  §  3873. 

to  deduct  fees  and  mileage,  etc.,  on  settlement, 
§  3871. 

to  allow  what  mileage  to  treasurer,  §  3876. 

may  direct  district  attorney  to  prosecute  de- 
linquent, §  3878. 

may  designate  county   where   certain  actions 
may  be  brought,  §  3879. 

may  employ  extra  counsel  in  certain  cases,  § 
3880. 

to  keep  record  of  labels  for  wine  bottles.    See 
Fenal  Code.  p.  .")()1,  s  9    Stat. 

act  prescribing  duties,  p.  1(1.52  Stat. 

to  print  labels  for  pure  California  wines.    See 
Penal  Code,  p.  501,  S  9  Stat. 
CONVP]YANCES  to  the  state,  where  recorded,   § 
408. 


]()US  luclex. 

CONVEYANCES— Coutiuued. 

by  which  right  of  way  is  acquired,  to  be  re 
corded,  §  2712. 

tax  deeds,  effect  of,  §§  3786,  37S8. 
CONVICTS  disqualitied  from  voting,  §  1084. 

insane,  reception,  etc.,  at  asylum,  §  2198. 
CORONER,  when  ex  officio  public  administrator, 
§§  4105,  4106. 

duties  of.    See  §§  142-147  of  County  Govern- 
ment Bill  in  General  Laws. 

penalty  for  failing  to  pay  over  certain  moneys, 
etc.,   §  4158. 

disposition    of    effects,   etc.,   received   from,    § 
4159. 

fees  and  expenses  of,  §  4160. 

when  to  act  as  sheriff.  §§  4191,  4290. 

to  hold  inquests,  §  4285. 

to  bury  body,  when,  §  4286. 

to  deliver  up  personal  effects  of  deceased  per- 
son, §  4287. 

to  tile  certain  statement,  §  4288. 

vacancy  in  office  of,  §  4289. 

wiien  to  act  as  pul)lic  administrator,   p.  10.59 
Stat. 
See  Municipal  Corporation  Bill  in  General  Laws. 
CORPORATIONS.  IN  GENERAL.     See  By-laws. 

charters  of  municipal,  preserved,  §  19. 

acts  concerning  gas,  preserved,  §  19. 

governor  may  order  inquiry  into  affairs  of.  ^ 
380. 

responsible   for    road   poll-tax   assessed  to  em- 
ployees. §  2671. 

to  make  certain  statement  to  assessor,  §  3629. 

individual  holder  of  stock  of,  when  not  to  be 
assessed,   §  3640. 

property  of,  where  assessed,   §  3641. 
COSTS,   when  allowed  in  action  against   county 
clerk,  §  1112. 

in  action  against  delinquent     purchasers     of 
state  land,  §  3555. 

of     surveying,   disputed  countv  boundaries,   § 
3974. 

of  criminal  actions  removed.  §  434r). 
COUNTIES.    See  Public  Debt;  Public  Works. 

county  government  bill.    See  General  Laws. 

acts  consolidating,  presei'ved,  §  19. 


..;v     Index.  1099 

COUNTIES— Continued. 

acts  dividing,   into  assessment  and   collection 

districts,  preserved,  §  19. 
acts  autnorizing  officers  to  appoint     subordi- 
nates, preserved,  §  19. 
notaries  for  respective,  §  791. 
attaclied  to  brigades,  §§  2003,  2005. 
toll-bridge  meeting  two,  §  2851. 
may  purchase  toll-bridges,  §  2881. 
reclamation  districts  lying  in  more  than  one, 

§§  3448,  3458. 
rolling  stocli  of  railroads,  how  assessed,  §  3663. 
defined,  §  3901. 
number  of,  in  state,  §  3902. 
bodies  corporate,  §  4000. 
claims  of  counties  against  ^tate,  allowance  and 

payment  of,  p.  1061  Stat, 
powers  of,  how  exercised,   §  4001. 
name  of,  §  4002. 
powers  of,  §  4003. 
not  to  loan  credit,  §  4004. 
not   to   borrow  money   on   temporary   loan,    § 

4005. 
how  classified,  §  4006. 
governed  by  new  census,  §  4007. 
number  of  supervisors  for,  §  4022. 
provisions  not  applicable  to  San  Francisco,  § 

4087. 
officers  of,   §  4103. 
township  officers,  §  4104. 
ex  oflicio  duties  of  officers,  §  4105. 
consolidation  of  certain  offices,  §  4106. 
omission  to  consolidate,  §  4107. 
oath,  bond,  and  powers  of  consolidated  offices, 

§  4108. 
election  and  term  of  county  officers,  §  4109. 
assistants  and  deputies,  §§  4112-4114. 
vacancies,  how  filled,  §  4115. 
misconduct  in  office,  §  4117. 
officers  at  county  seat,  §  4116. 
administering  oaths,  §  4118. 
ofiicers  to  reside  at  county  seat,  §  4119. 
absence  of  officers  from  state,  §  4120. 
what  officers  not  to  practice  law,  §  4121. 
official  bonds  classified,  §  4122. 
bond  not  fixed  by  law,  §  4123. 


1100  Index. 

COUNTIES— Coutinued. 

other  provisions  relating  to  county  officers,   § 

4124. 
survey  of  lands  in  two  counties,  §  4269. 
county  charges.  §  4.344. 

costs  of  criminal  actions  removed,  §§  4345-4347. 
new  act  relating  to  execution  of  final  proc-ess 

on  creation  of  new  county.  See  Code  of  Civil 

Pi'ocedure,  Appendix,  p.  864. 
Boundaries  and  Countv  Seats  of: 
Alameda.  §  3953. 
Alpine.  §  3931. 
Amador,  S  3930. 
Butte,  §  3922. 
Calaveras,  §  3936. 
Colusa,  §  3916. 
Contra  Costa.  §  .3954. 
Del  Norte,  §  3909. 
El  Dorado,  §  .3927. 
P'resno,  §  39.39. 
Humboldt.  §  .3914. 
Invo.  S  3[»42. 
Kern.  §  3941. 
Klamath.  §  3910. 
Lake,  §  3917. 
Lassen,  §  .3912. 
Los  Angeles.   §  3945. 

Marin,  §  3957.  , 

Mariposa,  §  .39.38.  j 

Mendocino,  §  3918.  1 

Merced,  §  39.34. 
]Mono.  §  3935. 
Monterev.  §  3948. 
Napa,  §  3958. 
Nevada,  §  3923. 
Placer,  §  3924. 
Plumas,  §  3920. 
Sacramento.  §  3928. 
San  Bernardino.  §  3943. 
San  Diego.  §  3944. 
San  Francisco,  §  39.50. 
San  Joaquin.  §  3932. 
San  Luis  Obispo.  §  3947. 
San  Mateo,  §  .3951. 
Santa  Barbara.   §  .3946. 
Santa  Clara,  §  .3952. 


ludex.  1101 

COUNTIES— Continued. 

Santa  Cruz.  §  3949. 

Shasta,  §  3911. 

Sien-a,   §  3921. 

Siskiyou,   §   3913. 

Solano,  §  3956. 

Sonoma,  §  3955. 

Stanislaus,  §  3933. 

Sutter.  §  3926. 

Tehama.  §  3915. 

Trinity.  §  3919. 

Tulare.  §  3940. 

Tuolumne.  §  3937. 

Yolo.  §  3929. 

Yuba,  §  3925. 

cost  of  surveying-  disputed  boundaries,  §  3974. 
Change  or  removal  of  counfy  seat,  petition  for 
removal  of,  §  3976. 

election  for  change  of.  §  .3977. 

election  for,  how  conducted.  §§  3979,  3980. 

supervisors  to  give  notice  of  result,  §  3981. 

place  selected  to  be  declared.  §  3982. 

statement  of  result  of  electiou  to  be  filed  with 
county  clerk.  §  3983. 

electiou  for.  when  not  to  be  held.  §§  3984,  3985. 
COUNTY  ASSESSOR.    See  Assessor. 
COUNTY  AUDITOR.    See  Auditor. 
COUNTY    BOARD    OF     EQUALIZATION.      See 

Equalization. 
COUNTY  CLERK.    See  Clerk. 
COUNTRY  COURTS.    Calaries,  S  4.329. 
COUNTY     GOVERNMENT     ACT.    See     General 

Laws. 
COUNl'Y  INDEBTEDNESS,  funding  outstanding, 
§  4048. 

bonds  for,  §  4049. 
•  notice  to  treasurer  of  transfer  of  bonds,  §  4049. 

sale  of  bonds.  §  4049. 

assessment  to  pay  interest  on,  S  40.50. 

redenii)tion.  S  4051. 

failure  to  levy  tax.  owner  may  file  bond  with 
state  controller.  §  4052. 

board  of  equalization  to  assume  control.  §  4052 
COUNTY  .lAILS.     See  .Tails. 
COUNTY  .JUIXiE.    Salaries.   §4329. 
COUNTY  RECORDER.    See  Recorder. 


1102  Index. 

COUNTY  SEAT.    See  Counties. 

COUNTY    SUPERINTENDENT    OF     SCHOOLS 

See  Schools. 
COUNTY  SURVEYOR.    See  Surveyor. 
COUNTY      TREASURER.      See      Treasurer      of 

County. 
COURT  COMMISSIONER,  duties  of,  where  pre- 
scribed. §  827. 
COURTS.    See  Judges, 
seal  of,  defined.  §  14. 
Supreme,  bailiff  of.    See  Bailiff, 
clerk  of.    See  Clerk  of  Supreme  Court. 
justices  of.    See  Judges, 
library  of.    See  Library  of  Supreme  Court, 
reporter     of     decisions.    See    Reporter  of  Su- 
preme Court, 
reporter,  phonographic.    See  Reporters, 
secretary  of.    See  Secretray  of  Supreme  Court. 
Superior.    See  Judges. 
Police.    See  Judges. 
COURTS-MARTIAL.    See  National  Guard. 
CREMATION,  permit  to  cremate  bodies,  §  30&i. 
CRIMES,  right  of  state  to  serve  process  on  terri 
tory  ceded  to  United  States.  §  34. 
right  of  state  to  punish  for,  §  37. 
repeal  of  act  creating,  when  no  bar  to  indict- 
ment. §  329. 
CRUELTY  TO  ANIMALS.    See  Animals. 
CURATIVE     ACTS,   acts  validating  applications 

for  school  lands,  §  3573. 
DAIRY     BUREAU,     act     relating  to.    See  Penal 

Code.  p.  .522.   S§  14  et  seq. 
DAMAGES,  award  for  condemnation  of  land  for 
road,  §  2689. 
award,   when  rejected,  proceedings,   §  2690. 
award  in  such  cases,  how  determined.  §  2709. 
appropriation  for  highways  taken  for  toll-road, 

§  2788. 
liability  of   owners  for,    done    by    drivers    of 

teams,   §  2936. 
riparian  owners  liable  for  certain,  to  reclama- 
tion works.  §§  3486.  3487. 
sheriff  liable  in  certain.  §§  4179-4182. 
liability  of  municipal  corporations,  §  4452. 
actions"  for  such.   §§  4453,  4454. 
DAY  defined,  §§  3259,  3260. 


ludex.  1103 

DEAD   BODIES.    See  Burying-ground    of    State; 

Cemeteries, 
register    of    interments    in   San   Francisco,    § 

3023. 
not  to  be  interred  without  permit,  in  San  Fran- 
cisco, §§  3025,  3026. 
in  San  Francisco,  not  to  be  removed  witliout 

permit,  §  3027. 
permit  for  burial,  §  3084. 
disinterring  bodies,  §  3027. 
pliysicians,  etc.,  may  obtain,  for  dissection,   § 

3093. 
certain  officers,  to  surrender  for  dissection,   § 

3094. 
register  of  interments,  §  3111. 
requisites  of  physicians  before  receiving,   for 

dissection,  §§  3093-3095. 
coroner,  when  to  bury,  §  4286. 
examination  of,  §  3093. 
permit  to  bury  or  cremate,  §  3084. 
DEAF,  DUMB,  AND  BLIND  ASYLUM,  trustees, 

when  to  malie  report,  §  332. 
number  of  copies  of  report  to  be  printed,  §  334. 
distribution  of  reports,  §  335. 
numbSi'  of  trustees,  §  .343. 
trustees,  how  appointed,  §  368. 
term  of  office  of  trustees,  §  369. 
compulsory  education  of,  §  1687. 
object  of,  §  2237. 

who  entitled  to  benefits  of,  §  2238,  2239. 
maintenance  of.  §  2240. 
blindness  and  deafness  defined,  §  2241. 
geological  cabinet,  §  2242. 
salaries  of  officers,  how  paid,  §  2248. 
approval  and  filing  of  official  bond,  §  2244. 
board  of  directors,  §  2254. 
powers  and  duties  of  such.  §§  2255,  2256. 
■  receive  no  compensation,  §  2257. 
duties  of  treasurer,  §  2280. 
salary  of  ti-easurer,  §  2281. 
bonds  of  treasurer,  §  2282. 
Laws  relating  to.    See  General  Laws. 
DEATH  of  notary  public,  effect  of,  §  796. 
records  of,  in  San  Francisco.  §  3023. 
return  of,  in  San  Francisco,  by  physicians,  § 

3024. 


1104  ludex. 

DEATH-  Continued. 

records  of,  in  Sacramento,  §  3046. 

registry  of,  §  3076. 

reports   of,    to   be   transmitted   to   recorder,    § 
3077. 

register  of,  to  be  kept  by  recorder,  §  3079. 

recorder   to  transmit    report    to    secretary  of 
state  board  of  liealth,  §  3080. 

fees  of  recorder  for  registry,  §  3081. 

recorder  to  lieep  booli  for  recording,  §  4235. 

recorder  to  keep  index  to  register,  §  4236. 
DEBRIS    COMMISSIONER,  appointment,  duties 
and    compensation.    See    General    Laws    tit. 
Mines. 
DEBTOR,  act  for  relief  of  in«olvent,  preserved,  § 
19. 

mav  pav  creditor's  poll-tax,  §§  3848-3850. 
DEBTS.    See   Indebtedness,   Public   Debt. 

evidences  of,  personal  property,    §  17. 

acts  funding  state,  preserved,  §  19. 

of  reclamation  districts  may  be  compromised, 
§  3479. 

counties  not  to  contract.  §§  4004,  400.5. 

board  of  supervisors  not  to  contract  certain,  § 
4070. 
DEFECTS  in  official  bonds  not  vitiating,  §  963. 
DEFINITIONS,  acre,  §  3213. 

allesiance,  §  55. 

baiTel.  §  3217. 

blindness,  §  2241. 

bushel,  §  3223. 

cemetery.  §  3106. 

chain,  §  3212. 

citizens,  §  51. 

city,  §  4356. 

deposition,  §  17. 

elisor,  §  4192. 

"full  cash  value,"  §  3617. 

sallon.  §  3216. 

hogshead,  §  3217. 

holidays,  §§  10.  11. 

improvements.  §  3617. 

land,  §  17. 

\ayv.  §  44()6. 

leap-vear,  §  3256. 

lumber,  §  2.389. 


Index.  1105 

DEFINITIONS— Continued. 

magistrate,  §  17. 

mile,  §  3212. 

month.  §  17. 

night-time,  §  3260. 

notice,  §  4175. 

oath,  §  17. 

officer,  peace,  §  17. 

ounce,  §  3215.  ^ 

peace-officer,  §  17. 

person,  §  17. 

pound,  §  3215. 

process,  §§  17,  4175. 

property,  §  17. 
real.  S§  17,  3617. 
personal.  §§  17,  3617. 

rod,  §  3212. 

seal,  §  14. 

signature.  §  17. 

state,  §  17. 

swear,  §  17. 

testify,  §  17. 

tickets,  §  1185. 

ton,  §  3215. 

trade-mark,  §  3106. 

United  States,  §  17. 

VGSsd    ^  IT  » 

words' of  description,  §§3903-3908. 

writ,  §  17. 

writing,  §  17. 

year.  §  17. 
DELINQUENTS. 

purchasers  of  state  lands.    See  Lands. 

tax-payers.    See  Taxes. 
DEL   NORTE     COUNTY,   legal    distances    from 
county  seat.  §  158. 

boundaries  and  county  seat  of,  §  3909. 

treasurer  of,  when  to  settle  with  controller,  § 
3866. 

salary  of  county  .judge  of,  §  4329. 

salary  of  district  attorney  of,  §  4.330. 
DEPOSIT  by  insurance  companies  with  commis- 
sioner, §§  618-620. 

county  treasurer  may  make  special,  in  banks, 
§  4161. 
Po!.  Code-  93 


1106  Index. 

DEPOSITIONS  defined,  §  17. 

in  contested  election  cases,  §§  275-279. 

to  be  transmitted  to  secretary  of  state,  §§  281, 

282. 
by  board  of  examiners,  §  6.59. 
DEPUTY,  acts  authorizing  appointment  of,  pre- 
served, §  19. 
holds  at  pleasure  of  principal,  §  371. 
county  ofllcer  not  to  act  as,  of  another  oflacer 

in  county.  §  84.3. 
power  to  perform  duties  of  principal,  §  86.5. 
how  appointed.  §§  876,  894,  4113. 
number.   §§  877. 
oath,  §  910. 

powers  and  liabilities.  §  4114. 
DESCRIPTION,  words  of,  §§  .3903-3908. 
DIPSOMANIACS.  Home  of  Inebriates,  §  3022i/>. 
DISEASES.    See  Health. 
DISINTERMENT.    See  Dead  Bodies. 
DISMISSAL,  acts  authorizing  dismissal  of  certain 

actions  by  state,  p.  957. 
DISQUALIFICATIONS.    See  Qualifications. 
DISSECTION,   physician  may  obtain  botlies  for, 

§§  3093-309.5. 
DISTANCES.  LEGAL.    See  Legal  Distances. 
DISTRIBUTION  of  statutes.  §§  318.  409. 
of  rejiorts  of  supreme  court.  §  410. 
boolvs  to  be  marked  before,  §  411. 
of  printed  copies  of  great  register.  §  1116. 
of   property   of   decedent   to   be   withheld    till 
taxes  paid.  §  3752. 
DISTltlCT  ATTORNEY,  duty    as    to  intrusion  on 
public  lands.  §  42. 
powers  and  duties.    See  County     Goyerument 
Bill  and  Municipal  Corporations  Bill  iu  Gen- 
eral Laws. 
■       to  prosecute  auctioneers,  when.  §  .3.323. 

duty  as  to  delinquent     purchasers     of     state 

lands.  §§  .3536.  .3.546. 
to  proceed  against  delinquent  purchasers, 

3547.  3.548. 
to  file  co]>y  of  decree  in  such  case,  §  3550. 
dismiss    suit   against    delinquent    purchasers, 

when.  §  .35.51. 
compensation  of.  in  such  cases,  §  3553. 
to  institute  action  on  assessor's  bond,  when.  §§ 
3661,  3698. 


Index.  HOT 

DISTRICT   ATTORNEY— Continued. 

to  institute  against  tax  collector,  when,  §  375.5. 
controller  may  require,  to  commence     certain 

action.   §  3878. 
consent  of,  to  alter  assessment-book,  §  3881. 
settlement  with  auditor,  §  3889. 
office  at  county  seat,  §  4116. 
to  reside  at  county  seat,  §  4119. 
bond,  §  4122. 
penalty     for     neglecting  to  pay  over     certain 

moneys,  §  4157. 
duties,  §  425(3. 

legal  advisor  of  supervisors,  §  4257. 
not  to  act  for  claims  against  countj^  §  4258. 
salary,  §  4330. 

fees  of  in  certain  counties,  §  4330. 
salary,  how  paid,  §  4328.  - 
to  prosecute  violations  of  statute  to  prevent 
decei^tion  in  sale  of  butter  and  cheese.    See 
Penal  Code,  p.  517,  stat. 
assistants  of  in  San  Francisco,  p.  960.  stat. 
to  prosecute  pei-sons  selling  liquor  near  the  sol- 
diers' home.    See  Penal  Code   appendix. 
DISTRICTS,  acts  dividing     counties  into  assess- 
ment and  collection,  preserved,  §  19. 
Road.    See  Roads. 
Reclamation.    See  Lands. 
School.    See  Schools. 
DITCHES.  Iiow  assessed.  §  3663. 

roads,  ditches  over,  bridging  of,  §  2737. 
DIVIDENDS,  by  insurance  companies,  §  618. 
DIVORCE,     pleadings   and   testimony   not  to   be 

made  public,  §  1032. 
DOCKAGE.    See  Wharfage. 
DOCKET,  attorney  general  to  Iveep,  §  470. 
DOCKS.    See  Wharves. 
DRAFT.    See  National  Guard. 
DRAINAGE.    See  Reclamation  Districts. 

acts    i-elating    to.    See    General    Lau-s,    title 
Drainage. 
DRAWBRIDGE,  over  navigable  streams.  §  2875. 

liow  regulated,  §  2S7(!. 
DRIFTWOOD.     See  Lumber. 
DRILLS.     See  National  Guard. 
DRUM  CORPS.    See  National  Guiird. 


1108  Index. 

DRUNKARDS,  custody  and  restraint  of,   §  37. 

home  for.    See  Home  of  the  Inebriate. 

home  of  inebriates,  §  30221/7. 
DRUNKENNESS.     See  Intoxication. 
DUMB.     See  Deaf,  Dumb  and  Blind. 
DUPLICATE   of     lost   certificate  of  purchase,    § 
3518. 

of  lost  or  defaced  land  warrants,  §§  3566-3569. 

assessment-book.     See  Taxes. 
EASEMENTS  AND   SERVITUDES  acquired  by 

establishing  highway,  §  2631. 
EDUCATION.     See  Schools. 
EDUCATION,       STATE      BOARD      OF.         See 

Schools. 

See  General  Laws,  tit.  Education. 
EEL  RIVER,  act  regulating  salmon  fisheries  in 

preserved,  §  19. 
EL     DORADO    COUNTY,  legal    distances   from 
county  seat,    §  159. 

boundaries  and  county  seat.  §  3927. 

treasurer,  when  to  settle  with  state,  §  3866. 

salary  of  count.y  judge.  §  432&. 

salary  of  district  attorney,  §  4330. 
ELECTION,  day  of  general,  holiday,  §  10. 

certificate  of,  eyidence.  §  236. 

of  officers  of  legislature.  §  247. 

of  members  of  legislature,  who  may  contest, 
§  273. 

proceedings  in  contest.  §§  274-283. 

of  goyernor  or  lieutenant-goyernor,  who  may 
contest.   §  288. 

proceedings,    §§   289-295. 

of  certain  officers  provided  by  constitution,  § 
348. 

for  school  trustees,  §  1593. 

of  clerk  of  supreme  court.  §  749. 

to  fill  vacancies  in  legislature,  §  998. 

to  fill  vacancies.  §  1001. 

general,  when  held.  §  1041. 

.iudicial.  abolished.  §  1042. 

special,  when  held,   §  1043. 

proclamation  bv  the  aovernor,  §  1053. 

of  United  States  senators.  §§  1332,  1333. 

of  members  of  congress.  §  1343. 

to  levy  school  tax,  §  1830. 

notice,  §  1831. 


Index.  1109 

ELECTION— Continued. 

of     regimental     oftioers  of  national  guard,    § 

1985. 
returns,  §  1986. 

of  militia  officers  in  actual  service,  §  2052. 
to  remove  county  seat,  §  3976. 
how  ordered,  §  3977. 
notice,  §  3978. 
bow  conducted,    §   3979. 
ballots,  §  3980. 
returns,   §  3981. 
result,  where  filed,  §  3983. 
when  not  to  be  ordered,  §  3985. 
of  county  and  township  officers,  §  4109. 
first,  for  "common  council,"  §  4366. 
first,  for  city  officers,  §  4367. 
qualifications  of  electors,.  §  4368. 
jurisdiction  of  common  council  over,  §  4407. 
sale  of  liquor  on  election  days  is  misdemean- 
or.   See  Penal  Code,   Appendix,   p.  580. 
publication,     constitutional      amendments,     § 

1195. 
lodginj?-hoiise  keepers  and  landlords,  lists  by, 

§  1094. 
two  hours  allowed  to  employes,  §  1212. 
no  supplies  to  be  destroyed,  §  1214. 
piece  clubs  and  extortion  from  candidate,  act 

prohibiting,  p.  1014,  Stat. 
purity  of,  act  to  promote,  p.  961  et  seq. 
commission  to   examine,   test  and  investigate 

voting  machines,  p.  961,  Stat. 
Actions — 
to  compel  registration,  §  1108. 
for  refusal  to  cancel  cntrv,  §  1109. 
parties,   §§   1110.  1111. 
costs,  against  whom  taxed,  §  1112. 
.  Affidavit- 
made  to  assessbr,  §  1103. 
Appointment — 
of  election  boards,  §  1142. 
of  election  boards  by  electors,  §  1144. 
of  clerks  of  election,  §  1147. 
of  judges  and  inspectors  of  election  for  school 

tru^ees,    §  1596. 
Arrest — 
electors  privileged  from,  §  1069. 


1110  lufiex. 

teLECTIOX— Continued. 
Assessors — 

to  keep  roll  of  electors.  §  1098. 

enrollment  to  show.  what.  §  1099. 

to  indorse  certificate.  §  1100. 

to  make  retm-ns,  §  1101. 
Ballot-box— 

to  be  exhibited  at  polls,  §  1162. 

ballot  boxes,  §  1203. 

form  of,   §  1203. 
Ballots— 

]japei-  to  be  used,  §  1196. 

error  in  i^riuting  of.  §  1200. 

delivery  of  and  receipt  for,  §  1201. 

])(jwer  of  court  to  open,  §  1265. 

act  to  prevent  circulation  of  bogus  tickets,  p. 
1014.  Stat. 

countv  clerk,  inspection  of  ballots,  when  per- 
mitted,  §  1265. 

clerks,  §  1202. 

form  of,  §  1197. 

how  printed,  §  1197. 

sample  ballots.  §  1210. 

and  other  printing  to  be  at  public  expense,  § 
1185. 

bound  books  of,  §  1198. 

county  clerk  to  provide.  §  1196. 

furnishing  of,  §  1196. 

unused   ballots,    §  1207. 

void  ballots.  §  1211. 

used  at  election  for  school  trustees,    §  1.599. 

used  at  election  to  levy  school  tax.  §  1834. 

used  at  election  to  change  county  seat,  §  3980. 
Blanks- 
furnished  by  supervisors,  §  1073. 
Boards  of  Election- 
how  appointed.  §§  1142,  1144. 

.i^ds^s  of.  not  to  be  of  same  party,  §  1143. 

appointment  of,  §  1131. 

qualifications  of  members,  §  1142. 

what  constitutes,   §  1142. 

.iudges  and  clerks  may  administer  oath.  S  1146. 

to  be  sworn,  §  1148. 

to  post  copies  of  great  register,  §  1149. 

to  proclaim  opening  of  polls.  §  116.3. 

to  proclaim  closing  of  polls,  §  1164. 


ludex.  nil 

ELECTION— Continued. 

when  to  issue  certificates  of  election,  §  1363. 

ballot  clerks,  §  1202. 

additional  officers,  §  1202. 

inspector,  powers  of,  §  1145. 

lailure  to  appoint  or  to  attend,  §  1144. 

refusal  to  act,  a  misdemeanor,  §  1142. 
Boundaries— 

of  election  precincts,  §  1127. 

of  election  precincts,  altered  how,  §  1129. 
Candidates- 
certificate  of  nomination,  §  1187. 

certificates  of  nominations,  where  to  be  filed. 
§  1189. 

certificates  of  nomination  to  be  preserved,    § 
§  1191. 

certificates  of  nomination,,  defects  in,  §  1192. 

withdrawal  of,  §  1192. 

secretary  of  state  to  certify  names  of  nomi- 
nees, §  1193. 

false  nominations,  §  1213. 

liovv-  may  be  nominated,  §  1188. 

no  person  to  recommend  two,  §  1190. 
Cancellation — 

of  entry  on  great  register,  §§  llOo,  lior). 

action  to  compel,  §  1108. 

parties,  §§  1110,  1111. 

necessary     before     registration     elsewhere,     § 
1104. 
Cajivass  of  Votes — 

public  and  without  adjournment,  §  1252. 

commenced,  how.  §  1253. 

l)allots  to  a.gi"ee  with  names  on  list,  §  12.54. 

counting  votes,  §  1257. 

tallies,  §  1258. 

tickets  to  be  strung  and  inclosed  in  sealed  en- 
velopes, §  1259. 

return  lists,  §  1260. 

papers  to  be  sealed  up,  §  1261. 

inspector  to  keep  papers,  §  1262. 

return  and  ballots,  to  whom  delivered,  §  1263. 

delivery  by  member  of  board,  §  1264. 

<Ii'rk  to  keep  ballots  unopened,  §  1265. 

returns  to  be  delivered  to  supervisors,  S  1267. 

copy  of  register  to  be  filed  in  clei-k's  office,  § 
1268. 


1112  Index. 

ELECTION— Continued. 
Canvass  of  Returns- 
meeting  of  supervisors  for,  §  1278. 

postponement.  §  1280. 

canvass.  §  1281. 

statement  entered  of  record.  §  1282. 

declaration  of  result,  §  1283. 

certilicate  by  county  clerk,  §  1284. 

district  returns.   §  1285. 

transmitted  how.  §  1286. 

duty  of  clerk  receiving  district  returns.  §  12S7. 

state  returns,   §   1288. 

transmitted  hovr,   §  1289. 

duty  of  secretary  of  state.   §  1290. 

commissions  by  governor,   §  1291. 

of   election   for   governor  and   lieutenant-gov- 
ernor. «5  1292. 

transmitted  how,  §  1296. 

of  election,  for  governor,  §  1296. 

defects  in  forms,  when  disregarded.  §  1297. 

of  election  to  remove  county  seats,  §  3981. 
Certificate— 

wlien  to  be  issued  by  secretary  of  state,  §  408. 

of  registration  by  clerk,  §  1107. 

of  election  of  members  of  congress,  §  1.347. 

of  election  by  board  of  judges.  §  1363. 

of  board  of  judges  at  primai-y  elections.  §  1363. 

by  committee  on  primary  election.  §  1364. 

of  election  for  school  ta-ustees,  §  1602. 

of  election  to  levy  school-tax,  §  1835. 
Challenge — 

grounds.  §  1230. 

want  of  identity.  §  1231. 

nonresidence  in  state,  §  1232. 

nonresidenee  in  precinct.  §  1233. 

having  before  voted.  §  1234. 

conviction  for  felony.   §  1235. 

determined  how,  §  1236. 

if  person  refuses  to  be  sworn,  vote  rejected,  § 
1238. 

rules  to  determine  residence.  §  1239. 

term  of  residence,  how  computed,  §  1240. 

rules  read  if  requested,  §  1241. 

proceedings  in  determination  of,  §  1242. 

list  to  be  kept,  §  1243. 

at  primary  elections.  §  1360. 


Index.  1113 

ELECTION— Continued. 

none  but  qualified  voters  to,  §  13G1. 

at  election  for  school  trustees,  §  1600. 
Clerk  of  Election- 
may  administer  oath,  §  1146. 

by  whom  appointed,  §  1147. 

sworn,  §  114S. 

to  keep  tallies  of  votes,  §  125S. 

on  district  returns,  etc.,  §  1287. 
Comiuissions. 

issued  by  governor,  §  1291. 
Commissioners — 

boards  of,  §  1075. 

in  cities  over  one  hundred  and  fifty  thousand, 
§  1075. 

of  qualifications  of,  §  1075. 

protest  against  appointment,  §  1075. 

powers  of,  §  1076. 

power  and   duty  as     regards  expenditures,    § 
1079. 

oath  of.  §  1077. 

secretary  and  clerk  of,  §  1077. 

secretary    of  in  cities  over    one  hundred  and 
fifty  thousand,  §  1077. 

of  secretai-y  of,  restrictions  upon,  §  1077. 

deputies  and  clerks,  appointment  of,  §  1077. 

oath  of  secretary,  §  1077. 

power  of  commissioners  and  clerks  to  admin- 
ister oaths,  §  1078. 

powers  of  secretary.  §  1078. 

compensation  of,  §  1075. 

vacancy  in,  §  1075. 
Compensation — 

of  officers  of  election,  §  1072. 

of  messenger     with     presidential  election  re- 
turns,  §   1312. 

of  presidential  electors,  §  1321. 

how  audited  and  paid,  §  1322. 
Contesting— 

of  members  of  legislature,  §§  273-283. 

of  governor  or  lieutenant-governor,  §§  288-295. 
Costs— 

when  allowed  against  county  clerk,  §  1112. 
County  Clerk — 

to  keep  gi'eat  register,  S  1094. 

to  enter  names  therein,  §  1095. 


ni-i  ludex. 

ELECTION— Continued. 

rules  governing-  entry,  §  1097. 

duty  relative  to  jiroof.  §  1100. 

duty,  on  returns  by  assessor,  §  1102. 

to  file  affidavits.  §  1103. 

to  cancel  entry,  when,   §   HOG. 

to  give  certificate  of  registration,  §  1107. 

actions  against,  §  1108. 

costs  in  action,  §  1112. 

to  make  copy  of  register,  §  1113. 

great  register  to  be  printed,  §  1115. 

to  distribute  printed  copies,  §  1116. 

to  keep  ballots  unopened,  §  12G5. 

when  to  open  and  when  to  destroy.  §  1266. 

to  deliver  returns  to  supervisors,  §  1267. 

to  file  copy  of  register  returned,  §  1268. 

duty,  on  receiving  district  returns,   §  1288. 

duty,  on  receiving  state  returns,  §  1289. 

duty,    on   returns    of    election   of    governor,    § 
1293. 

diity,     on  return^  of     presidential  electors,   § 
1308. 

may  employ  messengers,  §  1310. 
District  Returns — 

made  up  how,   §   1285. 

transmitted  how,  §  1286. 

duty  of  clerk,  §  1287. 
Election  Precincts— 

supei'visors  to  establish.   §   1127. 

boundaries  defined,  §  1128. 

board  may  alter.  §  1129. 

limitation  to  powers  given  to  board,  §  1130. 

place  for  holding  election,  §  1131. 

if  not  designated,  how  appointed,  §  1132. 
Electors- 
rights  of,  §§  58,  59. 

privileged  from  arrest,  §  1069. 

exempt  from  militia  dutv,  §  1070. 

qualifications  and  disabilities,  §§  1083,  1084.      : 

registration,  §§  1094.  1117. 

presidential,  when  chosen,  §  1307. 

meeting,   §   1315. 

vacancies,  how  supplied,  §  1316. 

voting,  and  returns,  §  1317. 

separate  ballots,  §  1318. 

to  make  lists  of  persons  voted  for,  §  1319 


ludex.  1115 

ELKCTION— Contiuned. 

who  may  vote  at  primary  elections,  §  1361. 

qualification  of,  to  vote  at  municipal  elections, 
§  4368. 

educational  qualification,  expression  of  will  up- 
on, p.  961,  Stat. 
Form — 

poll  lists,  §  1174. 

ballot,  §  1197. 
Governor — 

to  issue  proclamation  of  election,  §§  10.j3,  1054. 

to  issue  commissions,  §  1291. 

returns  on  election  of,  §  1292. 

transmitted,  how,  §  1293. 

canvass  of  returns,   §   1296. 

duty  in  relation  to  presidential  electors,  §  1314. 

to  issue  certificate  to  members  of  congress,  § 
1347. 
Great  Ivegister— 

names  entered  in,  §  1095. 

entry  must  show  what,   §   1096. 

rules  for  governing  entry.  §  1097. 

assessor's  roll  of  electors,  §  1098. 

enrollment  must  show  what,  §  1099. 

duty  of  clerk  as  to  proofs,  §  1100. 

assessoi"  to  make  monthly  returns,  §  1101. 

duty  of  clerk  upon  assessor's  returns,  §  1102. 

affidavits  to  be  filed,  §  1103.- 

registration,  when  canceled,  §1105. 

blank  for  cancellation,  §  1105. 

wlien  entry  canceled,  §  1106. 

certificate  of  registration,  §  1107. 

action  for  refusal  to  register,  §  1108. 

proceedings  to  obtain  cancellation,  1109. 

plaintifl's  in  action,  §  1110. 

defendants  in  action^^  §  1111. 

printed  copies  to  be  distributed,  §  1116. 

clerlv's  otfic.e  in  San  Francisco  to  be  open  on 
election  days  for  registration,  §  1117. 

copy  returned  by  board  of  iudge.s  to  be  filed, 
§  1261. 
Inspector- 
appointment,  §  1142. 

general  powers,  §  1145. 

to  be  sworn.  §  1148. 

to  keep  certain  papers,  §   1262. 


1116  Index. 

ELECTION— Continued. 

of  election  for  school  trustees,  §  1590. 
of  election  to  levy  school-tax,  §  1833. 

Judges  of  Election- 
net  of  same  political  party,  §  1143. 
appointed  by  inspector,  when,  §  1145. 
may  administer  oaths,  §  1146. 
to  be  sworn,  §  1147. 
for  school  trustees,  §  1596. 
to  levy  school-tax,  §  1833. 

Members  of  Congi'ess— 
election,  when,  §  1343. 
returns,  §  1344. 

returns  transmitted,  how,  §  1345. 
duty  of  secretary  of  state  as  to,  §  1346. 
certificate  of,  §  1347. 

Oath- 
administered  by  board  of  election,  §  1145. 
officers  may  administer,  §  1146. 

Offenses. 
See  Penal  Code. 

Paper- 
secretary  of  state  to  keep,  §  1196. 
to  be  furnished   on  application,   §  1196. 

Piece  Clubs, 
act  to  prohibit,  p.  1014. 

Place  of  Election- 
designated,  by  whom,  §  1131. 
how  appointed  when  not  designated,  §  1132. 

Plurality— 
to  elect.  §  1066. 

Poll  Lists- 
form,  §  1174. 

want  of  form  not  to  vitiate,  §  1175. 
must  be  Ivept  and  returned  by  board  of  trus- 
tees, §  1601. 

Polls- 
opening  and  closing,  §  1160. 
ballot-box  exhibited  at.  §  1162. 
proclamation  at  qpening.  §  1163. 
proclamation  at  closing,  §  1164. 

Presidential  Electoi's- 
when  chosen,   §   1307. 
returns.  §  1308. 
ti-ansmitted,  how,  §  1309. 
messenger,  when  clerk  may  employ,  §  1310. 


Index. 


HIT 


ELECTION— Coutiniiecl. 

proof  of  necessity  for  messenger^  §  1311. 
compensiitiou,  bow  audited  and  paid,  §  1322. 
duty  of  secretary  of  state  as  to  returns,  §  1313. 
duty  of  governor,  §  1314. 


meeting,   §   1315. 


1316. 


vacancies,  bow  supplied, 

voting  and  returns,  §  1317. 

separate  ballots  for  president  and   vice-presi- 
dent, §  1318. 

to  make  lists  of  persons  voted  for,  §  1319. 

result     transmitted     to  president     of   United 
States  senate,  §  1320. 

compensation,  §  1321. 
Precincts- 
supervisors  to  establisb,  §  1127. 

boundaries  defined,  §  1128.. 

board  may  alter,  §  1129. 

limitation  of  powers  of  supervisors,  §  1130. 

place  in,  for  bolding  elections,  §  1131. 
Primary  Elections- 
committees   may  elect  to  bold  under  election 
laws,  §  1357. 

law  governing,  p.  986,   Stat. 

resolution  of  committee,  form,  §  13.58. 

notice,  §  1359. 

eballeuges,  §  1360. 

only  qualified  persons  to  participate,  §  1361. 

returns,  §  1362. 

certificates,  bow  issued,  §  1363. 

canvass  of  returns  and  certificate,  §  1364. 

provisions  of  "law  applicable  to,  §  1365. 
Proclamation— 

by  governor,  §  1053. 

to  contain  wbat,  §  1054. 

publislied  by  supervisors,  §  1055. 
•  of  special  elections,  §  10.56. 

at  opening  of  polls,  §  1163. 

at  closing  of  polls,   §  1164. 
Qualifications- 
See  Electors,  supra. 
Register- 
new  to  be  taken,  §  1094. 

to  be  kept  by  county  clei-k.  §  1094. 

printed  copies,  distribution  of,  §  1116. 
.     Pol.  Code— 94 


1118  Index. 

ELECTION— Continued. 

printing  of  registei'S  and    supplemental  regis- 
ters, §  1115. 

supplemental  register,  §  1114. 
Registration- 
no  fees  charged  for,  §  1071. 

rules  governing,  §  1097. 

in  different  counties  prohibited,  §  1104. 

person  refused,   §  1108. 

cancellation,  §  1109. 

when  to  commence  and  end,  §  1094. 

transfer  of  on  removal  of  voter,  §  1094. 

transfer  of,  limitation  of  time,  §  1094. 

not  affected  by  law  creating  election  commis- 
sion, §  1080. 

arrangement  of  registration,  affidavits,  §  1113. 

registrar,  §  1210. 
Rejection^ 

of  vote  for  refusal  to  be  sworn,   §  1238. 
Residence- 
challenge  for  nonresidence  in  state,  §  1232. 

for  nonresidence  in  precinct,  §  1233. 

rules  for  determination,  §  1239. 

termination  of.  how  computed,  §  1240. 

rules  read  if  requested,  §  1241. 
Returns — 

list  of,  §  1260. 

papers  to  be  sealed  up.  §  1261. 

inspector  to  keep  certain  papers,  §  1262. 

returns  and  ballots,  delivered  to  whom,  §  1263. 

delivered  to  county  clerk,  when.  §  1264. 

delivered  to  supervisors,  when,  §  1265. 

district  returns,  how  made  up,  §  1285. 

state  returns,  how  made,  §  1288. 

duty  of  secretary  of  state,  §  1290. 

of  election  for  governor  and  lieutenant-gover- 
nor, §  1292. 

transmitted,  how,  §  1293. 

canvass,   §   1296. 

defects  in  form  disregarded,  when,  §  1297. 

of  presidential  electors.  §  1.308. 

transmitted,  how.  §  1309. 

messenger.  §  1310. 

proof  necessary  to  appoint  messenger,  §  1311. 


Index.  1110 

ELECTION- Continued. 

compensation  of  messenger,  §  1312. 

duty  of  secretary  of  state,  §  1313. 

duty  of  governor,  §  1314. 

of  vote  by  presidential  electors,  §  1317. 

result  to  be  transmitted,  §  1320. 

of  election  for  representatives  to  congress,   § 

1344. 
transmitted,  how.   §   134.5. 
duties  of  seci'etary  of  state,  §  1346. 

Reward- 
offer  for  conviction  of  crimes  against  election 
laws.  §  1054. 

School  Trustees- 
election,  §  1593. 

election  in  new  districts,  §  1594. 
notice  of  election,  §  1595. 

Secretary  of  State- 
to  keep  paper  for  tickets,  §  1196. 
to  supply  paper  on  application,  §  1196. 
duty  relative  to  state  election  returns,  §  1290. 
duty  relative  to  presidential  electors,  §  1313. 
duty  relative  to  representatives,  §  1346. 

election  for  United  States,  §§  1332,  1333. 
Special  Elections — 

special,  p.  985,  Stat. 
State  Returns- 
made,  how,  §  1288. 

transmitted,  how,  §  1289. 

duty  of  secretary  of  state,  §  1290. 
Supervisors — 

to  publish  governor's  proclamation,   S  105-">. 

to  issue     proclamation  of  special     election,   § 
1056. 

to  have  blanks  prepared,  §  1073. 

to  establish  precincts,  §  1127. 

may  niter  boundaries  of  precincts,  §  1129. 

limitation  of  powers  of,   §  11.30. 

may  designate  place  of  election,  §  1131. 

to  canvass  returns,  §  1278. 

to  enter  statement  of  record.  §  12S2. 

to  declare  result,  §  1283. 


1120  Index. 

ELECTION— Continued. 

to  order  election  for  removal  of  county  seat, 
§  3977. 

Tallies- 
how  kept.  §  1258. 
must  be  kept  and  returned,  §  1601. 

Tax- 
election  to  levy  school.  §  1830. 

Tickets- 
See  Ballots. 

Tie  Vote- 
proceedings  on,  §§  1067,  10G8. 

Time — 
of  opening  and  closing  polls.  §  1160. 

Violations — 
See  Penal  Code. 

Vote- 
plurality  to  elect.  S  1066. 
when  rejected.   §  1238. 
as  ballots.    See  Ballots. 

Voter- 
qualifications  of,  §  1083. 

A'oting — 
when  to  commence  and  continue.  §  1224. 
manner.  §  1225. 
putting  ballots  in  box,  §  1227. 
record,  how  liept.   §  1228. 
for  school  trustees.  §  1.599. 
secrecy  of  the  ballot  provided  for.  S  1213. 
booths,  occupancy  of.  §  120<i. 
cards  of  instruction,  §  1210. 
qualifications     and     disabilities  of  electors. 

1083. 
how  to  vote,  and  voting.  §  1205. 
illitei-ate  voter,  officers  to  assist.  §  1208. 
qualification  of  A-otei's  not  affected  by  statute] 
creating  election  commission,  §  1080. 
ELISOR,  defined.  §  4192. 

EMINENT     DOMAIN— condemnation     of     statel 
land  for  government  purposes,  §§  33,  34. 
state  may  exercise.  §  44. 
for  road  pui-poses.   §  2690. 
in  construction  of  toll-bridge,  §  2855. 
for  toll-roads.  §  2787. 


Index.  1121 

EMINENT   DOMAIN— Continued. 

for  constructing  wharves,  cliutes,  and  piers,  § 
2913. 

for  reclamation  purposes,  3471. 

by  municipal  autliorities,  §  4372. 
ENGROSSING  CLEIiK.     See  Legislature. 
ENROLLING  CLERK.     See  Legislature. 
ENROLLMENT    of  voters     on  assessor's     list,  § 

1098. 
EQUALIZATION,  BOARDS  OF.     See  Taxes. 
ERRORS  in  assessment-book,  §§  3881,  3882. 
ESCHEATS,  when  property  passes  as,  §  41. 

duty  of  attorney-general,  §  474. 
ESTRAYS.  acts  in  relation  to,  preserved,  §  19. 
EUREKA     HARBOR     COMMISSIONERS.       See 

Harbor  Commissioners. 
EVIDENCE,  testify  defined,  §'  17. 

certificate  of  election  to  legislature,  §  236. 

testimony  of  witness,   not  used  against   him- 
self, §  304. 

protest  of  bill  by  notary,  §  79.5. 

certified  copy  of  entry  in  great  register,  §  1117. 

certificate  of  purchase  of  state  lands,  §  3514. 

receivable  before  board  of  equalization,  §  3676. 

assessment-book,  of  what,  §  3789. 

affidavit  of  tax  collector  of  publication  of  de- 
linquent list.  §  3769. 

tax  collector's  deed  for  property  sold  for  taxes, 
§§  3786,  3787. 

survevor's  maps,  §  3973. 
EXAMINATION.     See  Schools. 
EXAMINERS,  STATE  BOARD  OF,  number  com- 
posing, §  343. 

clerk,  §  343. 

who  members.  §  ,364. 

to  audit  accounts  of  secretary  of  state,  §  414. 

to  audit  state  printer's  accounts,  how,  8  .5.3.5. 

to  audit  accounts  of  state  geologist,  §  5.53. 

to  audit  expenses  of  insurance  commissioner, 
§  630. 

who  chairman  of.  §  654. 

meetings.  §  655. 

records,  §  656. 

assistant  secretary  to  board,    §   684. 


1122  Index. 

EXAMINERS,   STATE  BOARD  OF— Continued. 

secretary  of,  §  654. 

rules  and  regulations,  §  6.57. 

may  issue  subpoenas,  §  658. 

members  may  take  depositions,  §  659. 

claims  presented  to,  §§  660-664. 

time  of  meeting  on  unsettled  claims,  §  665. 

proof  and  examination  of  unsettled  claims. 
666. 

report  on  such  claims,  §  667. 

disqualification  of  members,  §  668. 

treasurer,  when  member,   §  669. 

restrictions  on  power  of,  §  670. 

appeals,  §  671. 

controller  not  to  draw  warrant  unless  claim 
audited.  §  672. 

claims  exempted  from  action  of,  §  673. 

may  prevent  payment  of  controller's  warrants, 
Avhen,  §  674. 

to  examine  books  of  controller  and  treasurer, 
§  675. 

to  count  money  in  ti'easury,  §  676. 

atRdavit  thereof,   §  677. 

controller  and  treasurer  to  permit  books  exam- 
ined. §  678. 

to  appoint  printing  expert,  §  679. 

may  convert  school  fund  into  bonds,   §§  680- 
682. 

may  purchase  state  bonds,  §  683. 

salary  of  members,  §  684. 

clerk  to  board,  §  685. 

salary  of  clerk,   §  685. 

military  claims  exempt  from  action,  §  2081. 

accounts  of  United  States  register  and  receiv- 
ers. §  3410. 

to  audit  and  allow  expenses  of  state  board  of 
equalization,  §  3702. 

act  prescribing  duties  of,  pp.  958.  1052,  Stats. 

purchase  of  supplies  by  for  state  officers  and 
legislators,  p.  958,  Stats. 

sale  of  furniture  and  materials  belonging  to 
the  state,  p.  958.  Stats. 
EXCESS.     See  Surplus. 
EXECUTIVE.     See  Governor. 


Index.  1123 

EXECUTIVE  CLERK.     See  Governor. 
EXECUTIVE  OFFICEKS,  number  and  designa- 
tion of,  §  .343. 
EXECUTOR  and  ADMINISTRATOR,  assessment 

to,  in  representative  capacity,  §  3639. 

to  pay  taxes  of  estate,  §  3752. 

coroner  ex  officio  public  administrator,  §  4106. 

duties,  §  4303. 

public.     See  Public  Administrator. 
EXEMPT  FIREMEN.     See  Firemen. 
EXEMI'TIONS,    members  of  national  guard,   ex- 
emption of,  §  1930. 
EXHIBITIONS,   certain  exempt    from  license,   § 

3386. 
EXPENSES,  traveling,  of  superintendent  of  pub- 
lic instruction,  §  516. 

state  geologist,  §  553. 

insurance  commissioner,   §  630. 

state  board  of  education,  §  1522. 

county  institutes,  §  1564. 

state  board  of  health,  §  2983. 

health-officer  of  San  Francisco,  §  3011. 
'  liealth  department  ot  Sacramento,  §  3048. 

for  enforcing  health  regulations,  §  3063. 

traveling,  of  surveyor  and  attorney-general,  in 
certain  cases,  §  3413. 

state  board  of  equalization,  §  3702. 

certain,  of  assessor,  §  3704. 

collecting  delinquent  personal  property  tax,  § 
3810. 

certain,  coimty  charges,  §  4.344. 
EXPERT,  PRINTING,  board  of  examiners  to  ap- 
point, §  679. 

duties  and  salary,  §  679. 
FEES.     See  Compensation. 

acts  in  relation  to,  preserved,  §  19. 

secretary  of  state,  §  416. 

register  of  state  land-office.  §  501. 

sealers  of  weights  and  measures,  §  567. 

inspector  of  gas  meters,  §  582. 

insui'ance  commissioner,  §  605. 

clerk  of  supreme  court,  §  7.52. 

clerk  of  supreme  court,  how  disposed  of,  §  753. 

notary  public,  §  798. 


1124  Inaex. 

FEES— Continued. 

commissioners  of  deeds,   §  815c 

for  instruction  in  university,  §§  1393,  1394. 

none  allowed  militia  officers,  §  1940. 

sheriff  taking:  persons  to  insane  asylum,  §  2221. 

physicians  examining  insane,  §  2222. 

pilot  commissioners,  §  2490. 

for  survey  hj  port  wardens.  §  2.'!>10. 

harbor-master  at  Eurelia,  §  2.572. 

commissioners  and  road  overseers,  §  2831. 

commissioners  of  immigration,  §  2965. 

health-officer  of  San  Francisco,  §  3020. 

recorder  for  i-ecording     births  and  deaths,    § 
3081. 

officers  in  relation  to  lost  and  unclaimed  prop- 
erty, §  3157. 

recorder  for  recording  brands,  §  31G8. 

secretary  of  state  for  recording  trade-marks, 
§  3198. 

for  licenses,  §  3364. 

recorder    for    recording   sale  of   certificate    of 
purchase,  §  3517. 

in  relation  to  purchase  of  state  lands.  §  3574. 

tax    collector   for   making     delinquent   list.    § 
3770. 

county  treasurer  for     redemption  of  property 
sold  for  taxes,  §  3817. 

tax  collector  for  seizing  and  selling  personal 
property,  §  3793. 

of  certain  county     officers,  withheld  and  for- 
feited when.  §  38G7. 

surveyor  appointed  to  survey  land.  §  4275. 

of  witnesses  or  officers  not  prepaid  in  certain 
case.  §  4069. 

of  coroners  and  elisors.  §  4192. 

of  clerk  for  index  of  citizenship,  §  4205. 

certain  statutes  concerning  continued  in  force. 
§  4331. 

county  officers  to  be  prepaid,  §  4332. 

none  for  services  on  habeas  cori^ns.  §  43.33. 

of  city  officers,  by  whom  regulated,  §  4408. 

pension   affidavits   or   services,   no   fees  to   be 
paid  for.  p.  960.  Stats. 

See  General  Laws,  title  "Fees." 


Index.  1125 

FEMALES,  women  eligible  to  educational  offices, 
§  84!1. 
affidavit  of,  to  purchase     state  lands,   §§   3444, 
3501. 
FEMININE  GENDEiR,  Included  in  masculine,   § 

17. 
FENCES,  acts  in  relation  to,  preserved,  §  19. 

removal  of,   §  273. 
FERRIES,  supervisors  to  grant  authority  to  con- 
struct, §  2843. 

notice  must  be  proved,  §  2844. 

duty  of  supervisors,  §  2845. 

license  tax  and  rate  of  tolls,  §  2846. 

repoi't  of  owner  or  lieeper,  §  2847. 

inquiry  of  supervisors  fixing  tolls,  §  2848. 

when  license  to  issue,  §  2849. 

neglecting  to  pay  license  tax,  §  2849. 

bond,  §2850. 

where  joins  two  counties,   §  2851. 

when    supervisor   disqualified,    who   to   act.    § 
2852. 

within  one  mile  of  anothei",  §  2853. 

owner  of  land  preferred,   §  2854. 
•lands,  how  acquired  for,  §  2855. 

rates  of  toll  to  be  posted,  §  2856. 

proceeds  of  license  tax,  §  2857. 

owners  to  keep  banks  in  repair,  §  2858. 

application  for  leave  to  erect,  §  2892. 

duty  of  supeiwisors,   §  2893. 

powers  of  supervisors,  §  2894. 

penalties,  how  disposed  of,  §  2895. 

where  assessed.  §  3643. 

license  for.  §  3378. 
P^IGURES,   may  be  used     in  assessment-book,    § 

3884. 
FINE'S  AND  PENALTIES  of  insurance  compan- 
ies by  commissioner,  8§  598,  617. 

militia,  how  collected.  §  1935. 

by  courts-martial,  how  collected,  §  2080. 

for  ol)stru('ting  n;ivignltle  streams.   S  2350. 

violating  rules  of  navigation,  §§  2367,  2370. 

racing  steamers,  S  2373. 

ship-owners  liable  for  masters  or  engineers,  § 
2378. 


1126  Judex. 

FINES  AND  PENALTIES— Continued. 

violating  rules  of  navigation,  recovered  how.  § 

2379. 
unlawfully  acting  as  port-warden,   §  2511. 
imposed  by  harbor  commissioners,   §  2570. 
trespass  on  sidewalks,  §  2632. 
neglect  to  remove  ooslructions  from  highway, 

§  2733. 
leaving  gates  open,  and  riding  off  road,  §  2736. 
obstructing  or  injuring  highways,   §  2737. 
injuring  mile-stones  and  guide-posts,  §  2738. 
felling  trees  on  highways,  §  2740. 
application  of.  §  2743. 
obstructing  toll-roads,  §  2816. 
action  for,  trespass  on  toll-roads,  §  2817. 
avoiding  tolls.  §  2880. 
employing  driver  addicted     to  Intoxication,   § 

2682. 
leaving  horses  standing  without  being  tied,  § 

2934. 
how  and  by  whom  recovered.  §  2935. 
riding  or  driving  fast  over  bridge,  §  2938. 
neglect  to  give  bond  relative  to  immigi-ation.  § 

2956. 
violating  immi.gi-ation  laws,  §  2959. 
violating  registry     laws  as  to  births,  deaths, 

etc..  §  3082. 
using  more  than  one  mark  or  brand.  §  3183. 
auctioneer  overcharging.   §  3309. 
auctioneer  failing  to  report  or  falselv  reporting,  \ 

§  3322. 
recovered,  how,  §  3323. 
witness  refusing  to  give  testimonv  in  certain 

case,  §  .3632. 
assessor  failing  to  render  statement  to  state 

board  of  equalization,  §  3656. 
refusing  to  obey  i-ules  of  state  board  of  equal- 
ization. §  3697. 
fraudiilentlv  assessing  propertv  below  value.  § 

3698. 
tax  collector  not  filing  statement  and  paying 

over  moneys.  §  3754. 
county  treasurers  failing  to  make  settlements. 

§  3867. 


Index.  1127 

FINES  AND  PBNALTIE5S— Continued. 

auditor  failing  to  malie  certain  report,  §  3870. 

for  violating  revenue  laws,  how  disposed  of,  § 
3868. 

supervisor's  malfeasance  in  office,  §  4086. 

county  treasurers  neglecting  to  settle  and  re- 
port. §  41.56. 

sheriff's  failure  to  return  process,  §  4179. 

sheriff's  failure  to  pay  over  moneys,  §  4181. 

sheriff"  suffering  escape,  §  4182. 

sheriff  suffering  rescue,  §  4183. 

municipal  authorities  may  impose,  §  4408. 
FIRE,   setting  woods     on,  treble  damages  for,   § 
3344. 

calling     out  what     persons  to     extinguish  in 
woods,   §  334.5. 
FIRE  DEPARTMENT.     See  Firemen. 

act  authorizing  unincoiTporated  cities  to  main- 
tain, p.  1014. 

act  to  increase  efficiency  of,  p.  1029. 
FIREMEN,   salaries   of  officers  of  cities  of  first 
class,    1).    1030,    Stat. 

vacations  to  members  of,  p.  1021,  Stat. 

exempt  firemen,  enrollment  into  companies,  p. 
1022,  Stat. 

exempt  firemen's  relief  fund,  p.  1022,  Stat. 

acts  exempting  firemen  in  certain  counties 
from  poll  tax,  p.  1029,  Stat. 

act  requiring  foreign  insurance  companies  to 
l)ay  premiums  for  benefit  of  disabled  fire- 
men,  p.   1025,    Stat. 

pensions  for  members  of,  p.  1021,  Stat. 

fire  companies,  how  organized,  §  3335. 

to  elect  officers  and-  adopt  by-laws,  §  3336. 

exempt  from  military  and  jury  duty,  §  33.37. 

exempt  certificate,  by  and  to  whom  issiied,  §§ 
33.38,  3339. 

seal  of  fire  department,  §  3340. 

secretary  to  keep  record,  §  3341. 

duties  of  chief  of  fire  department,  §§  3342, 
3343. 

fire  department  to  be  established  in  cities,  § 
4408. 


1128  Index. 

FISH  AND  GAME  WARDEN,  creation  of  office, 

p.  1031,  Stat. 
FISH  COMMISSIONERS,  importation     and  pre- 
servation of  game  bird.s,  p.  1035,  Stat, 
disposal  of  hatchery  in  Battle  Creek,  p.  1034. 

Stat, 
acts  relative  to     purchase  or  construction  of 

steam  launches,  p.  1034. 
salmon  hatchery,  building  and  maintaining.  § 

1034,  Stat, 
construction,    maintenance    and    regulation  of 

fisheries,  p.  1032,   Stat, 
removal  of  obstructions  in  Pitt  river,  p.  1032, 

Stat, 
when  to  report  to  governor,  §  332. 
copies  of  report  to  be  printed,  §  334. 
distribution  of  reports,  §  335. 
number  of  members  of,  §  343. 
appointed *by  governor,  §  368. 
i  term  of  office.  §  369. 
general  duties.  §  642. 
receive  no  compensation,  §  643. 
FOOT  defined.  §  3211. 

FORFEITURE,  by  assessor,  for  neglect,  §  3656. 
by    parties  falling    to    comply    with    rules    of 

stare  board  of  equalization.  §  3697. 
of  fees  by  county  officers,  §  3867. 
of  compensation  of  auditor  for  neglect,  §  3870. 
for  violating  revenue  laws.  §  3886. 
by  county  treasurer  for  neglect,  §  4156. 
FORMS  of  indorsement  on  legislative  bill  when 
.received  by  governor,  §  .309. 
indorsement  on  vetoed  bill,  §  311. 
indorsement  by  secretary  of  state  where  bill 

becomes  law  by  lapse  of  time,  §  313. 
approval  of  claim  bv  board  of  examiners. 

661. 
oath  of  offi'ce.  §  904. 
poll  list.  §  1174. 
ballot.   §  1197. 
statement  in  blank  to  be  furnished  assessoi*.  § 

3a30. 
assessment  book.   §  3651. 


ludex.  1129 

FORMS— Continued. 

affi'davit     of     assessor     in  assessment-book,  § 

3652. 
want  of,  not  to  vitiate  assessment,  §  3885. 
in  relation  to  assessment  of  property,  by  whom 

prepared,   §  3692. 
affidavit  of   cleric   of   supervisors     relative  to 

equalization,  §  3682. 
affidavit  of  auditor  in  correcting  assessment- 
book,  §  3732. 
FRACTION,     computing     in  assessment-book,   §§ 

3730,  3731. 
FRANCHISE-BOOK,   supervisors,   §  4081. 
FRAUD  in  branding  cattle,  §  3184. 

prosecuting  assessor  for,   §  3698. 
FREEHOLDERS.       See     General       Laws,     title 

"Board  of  Freeliolders." 
FREE  PUBLIC  MARKET,  act  authorizing  main- 
tenance in  San  Francisco,  p.  1040.  'j 
FRESNO  COUNTY,  act  for     better  protection  of 
stock-raisers  in,  preserved,  §  19. 
legal  distances  from  county  seat,  §  160. 
boundaries  and  county  seat,  §  3939. 
salary  of  county  judge,   §  4329. 
salary  of  district  attorney,  §  4330. 
FUEL  for  state  officers,  §  413. 

bow  paid,  §  414. 
FUGITIVES  FROM  JUSTICE,  duty  of  governor, 

§  380. 
FUNDS,  acts  relative  to  state,  preserved,  §  19. 
state  library,  §  416. 

school,  special  duties  of  controller,  §  435. 
general,  §  4.54. 

school,  conversion  of,  into  bonds,  §§  680-682. 
for  current  expenses  of  university,  §  1434. 
of  university  may  be  drawn  from  state  treas- 
ury. §  1435. 
school,  apportionment  of,  §§  15.32,  1543. 
state  library,  §  2.300. 
general  road.  S  2653. 
commutation,  to  what  applied,  §  29.58. 
amount  to  be  raised  for  various.  §  3713. 
school  poll-taxes  to  be  collected,     to  be  paid 
into.  §  3861. 
Pol.  Code— 95 


1130  Index. 

FUNDING   INDEBTEDNESS.     See  City  Indebt 

edness;  County  Indebtedness;  Public  Debt. 
GALLON,  standard  of  liquid  measure,   §  3216. 
GAME,  act     protecting,     near  Lake  Merritt,  pre- 
served, §  19. 
GAMBLING,  city  authorities  to  prohibit,  §  4408. 
GAME  BIRDS,  importation  and  preservation  of, 

p.  103.5.  Stat. 
GAME  WARDEN,  creation  of  office,  p.  1031,  Stat. 
GARDENS,  toll-road  not  to  pass  through.  §  2790. 
GAS  COMPANIES,   act  concerning,  preserved,    § 
19. 
may  lay  pipes  in  streets,  §§  4410,  4411. 
restrictions  on  power  to  grant  privilege,  §  4412. 
See  Inspector  of  Gas  Meters. 
GEOLOGIST  OF  STATE,  appointed  by  governor, 
§  368. 
term  of  offl'ce,  §  369. 
general  duties,   §  548. 
report  to  governor,  §  549. 
to  deliver  specimens  to  university,  §  550. 
compensation,  §  551. 
compensation  of  assistants,  §  552. 
accounts  to  be  audited,  §  553. 
reports  and  maps  to  be  sold,  §  554. 
GOPHERS.     See  Squirrels. 
GOVERNMENT.     See  Seat  of  Government. 
GOVERNOR,  duty  as  to  intrusion  on  public  lands, 
§  42. 
election,  by  whom  contested,  §  288. 
proceedings  in  contesting  election.  §§  289-295. 
legislative  bill  received  by.  to  be  indorsed  and 

dated,  §  309. 
approval  of  bill  by.  §  310. 
veto  by,  §  311. 

veto,  Avhen  house  not  in  session,  §  312. 
bills  remaining  •^\'itli.  unsigned  ten  days.  §  313. 
a  civil  executive  officer.  §  343. 
election  and  term  of  office.  §  348. 
member  of  state  board  of  equalization,  §  352. 
ex  officio  regent  of  university,  §  353. 
ex  officio  trustee  of  state  normal  school.  §  354. 
ex  officio  member  of  state  board  of  examiners, 
§  364. 


Index.  1131 

GOVERNOR— Continued. 

ex  officio  member  of  state  capilol  commission- 
ers. §  366. 

ex  officio  member  of  board  of  state  prison  di- 
rectors. §  367. 

to  appoint  what  officers,  §  368. 

private  secretary  and  executive  clerk.  §  370. 

powers  and  duties,  §  380. 

to  transmit  list  of  appointments  to  legislature, 
§  381. 

to  cause  kept  certain  official  records,  §  .382. 

persons  acting  as,  §  383. 

salary,  §  384. 

salary  of  private  secretary,  §  385. 

salary  of  executive  clerk,  §  386. 

act  authorizing  employment  of  stenographer, 
p.  1035.  Stat. 

official  acts,  by  whom  attested.  §  408. 

chairman  of  state  l3oard  of  examiners.   §  654. 

to  appoint  notaries  public,  §  791. 

may  appoint  commissioners  of  deeds.  §  811. 

to  I'eside  at  Sacramento,  §  852. 

must  appoint  all  officers  not  otherwise  provid- 
ed for,  §  875. 

to  make  nomination  to  senate  in  writins,  § 
889. 

concurrence  of  senate  in  nomination  by,  §  890. 

must  commission  what  officers,  §  891. 

oath  of  office.  §  905. 

duties  in  relation  to  state  geologist,    §  -549. 

resignation,  how  made,   §  995. 

resignations  to  be  made  to.  §  995. 

to  issue  writ  of  election  in  case  of  vacancy  in 
legislature.  §  998. 

to  fill  certain  vacancies,  §§  1000-1002. 

to  issue  proclamation  of  election.  §§  10.53.  10.54. 

to  issue  commissions.  §  1291. 

returns  on  election.  §  1292. 

how  transmitted,  §  1293. 

canvass  of  returns.  §  1296. 

duty  in  relation  to  returns  of  presidential  elec- 
tors. §  1314. 

to  issue  certificate  of  election  to  members  of 
congress.  §  1347. 


1132  Index. 

GOVEENOR— Continued. 

to  appoint  regents  of  university,   §   1426. 
to  fill  vacancies  in  board  of  regents,  §  1427. 
president  of  the  board  of  regents,  1429. 
to  commission  officers  of  university  cadets,   § 

1474. 
commander-in-chief  of  national  guard,  §  1916. 
ex  otiicio  member  of  state  harbor  commission, 

§  2531. 
ex   officio     commissioner    of   Yosemite    valley 

and  Mariposa  big  trees,  §  3584. 
acts  providing  for  purchase  of  portraits  of  cer- 
tain governors,  p.  1035. 
GRADES  IN  SCHOOLS,  primaiT  and  grammar, 

§  1663. 
GREAT  REGISTER.     See  Election. 
GREAT  SEAL,  custody,  §  408. 
affi'xed  to  what,  §  408. 
fees  for  affixing,  §  416. 
what,   §  1027. 
GUAILDIAN,  how  to  be  assessed,  §  36.39. 
GUIDE-POSTS,  penalties  for  injuries  to,  §  2738. 

toll-road  companies  to  erect,  §  2796. 
GUNPOWDER,  city  authorities  to  restrict  use  of, 

§  4408. 
HABEAS  CORPUS,  no  fees  for  service  in,  §  4333. 
HACKS,  licensing,  §  4408. 
HALF-BUSHEL,    standard    of  solid    measure,  §§ 

division  of,  §  3219. 
HARBOR     COMMISSIONERS,     state     board  of, 
time  of  making  report,  §  332. 
number  of  copies  to  be  printed,  §  3.34. 
distribution  of  reports,  §  335. 
members  composing,  §  343. 
appointment  and  term  of  office,  §  362. 
vacancy,  how  filled,  §  1002. 
appointment  of  commissioners,  §  2520. 
bonds,  secretaries,  and  their  duties,  §  2521. 
employees  and  their  duties,  §  2522. 
actions    for   property,    money,    and   to   remove 

obstructions,    §   2523. 
water    front   of    San    Francisco   in    charge   of 
commissioners,  §  2524. 


I 


Index.  1133 

HAKBOE  COMMISSIONERS— Continued. 

authorizing  alignment  of  East  street,  p.  lOoO, 

Stat, 
jurisdiction  of,  extending  over  East  street,  \). 

1036,  Stat, 
act  authorizing  construction  of  railroad  by,  i*. 

1037. 
acts  conferring  powers  on,  in  San  Francisco, 

§  1036  et  seq. 
repairs  upon  private  wharves,  p.  1043,  Stat, 
setting   apart  pail   of  water-front   for    fishej* 

men,  p.  1041,  Stat, 
maintenance  of  free  market  in  San  Francisco, 

p.  1040,  Stat, 
act  authorizing  commissioners  to  do  dredging, 

p.   1045,   Stat, 
act     authorizing     reduction     or  abolishing  of 

charges,  p.  1043,  Stat, 
penalties  for  failure  to  pay  tolls  or  for  false 

returns,  p.  1035,  Stat, 
adjustment  and  compromise  of  claims,  p.  1045, 

Stat, 
transfer  of  funds,  p.  1046,  Stat, 
jurisdiction  over  water-front  of  San  Francisco, 

p.    1036.    Stat, 
control  of  water-front  and  wharves,   §  2524. 
extension  of  streets  along  water  front,  §  2525. 
limit  of  money  to  be  collected,  §  2526. 
contracts,  §  2527. 

disposition  of  moneys  collected,  §  2.528. 
vouchers,  drafts,  and  waii'ants,  §  2529. 
reports  and  receipts,  §  2530. 
ex  officio  members  of  board,  §  2.531. 
new  sea-wall  for  San  Francisco  harbor,  §  2532. 
San  Francisco     harbor     improvement  fund,   § 

2.533. 
limit  of  compensation  for  collecting  dockage,  § 

2534. 
duties  of  state  treasurer,  accounts,  and  books, 

§  2.5.35. 
proposals     and     contracts    for  construction  of 

new  sea-wall,  §  2536. 
report.s  of  commissioners,  §  2537. 
maps  of  clianges  of  streets,  etc.,   §  2538. 


1134.  Index. 

HARBOR  COMMISSIONERS— Continued. 

office  and  duties  of  chief  wharfinger,  §  2539. 
duties  of  cliief  wharfinger  as  to  boats  adrift. 

etc.,  §  2.540. 
refusal  to  obey  chief  whai-finger,  §  2-541. 
obstructions  to  navigation,   §   2542. 
speed   of   horses   and   vehicles  on   wharves,    § 

2.543. 
jurisdiction  of  police  court,  §  2544. 
limitation   on    appointment    of    employees,    § 

2.545. 
official  bonds,  §  2546. 
seal,  §  2547. 
when  no  toll  or    wharfage  to  be    collected.   § 

2548. 
collection  in  gold  and  silver  coin,  §  2549. 
special  policemen,    §  2550. 
pending  actions,   §  2551. 
salaries,  §  25.52. 

duties  of  attorney-general,   §  2553. 
Eurelva,  number,  §  343. 

how  appointed,   §§  362,  2567. 
survey  and  jurisdiction,   §  2.568. 
duties,  rules,  and  regulations,  §  2569. 
penalties,  §  2570. 
compensation.  §  2571. 
fees  of  harbor-master,    §  2572. 
San  Diego,  liarbor  commissioners  of,   §§    2575- 
2608. 
HARBOR    MASTER,  office  at  San    Francisco  to 

become  extinct,  §  3554. 
HEALTH,  state  to  preserve  public,  §  37. 

mnuicipal  authorities  to  establish  regulations. 

§  4408. 
health  officer  appointed  by  supervisors,  §  3059. 
health  officer  appointed  in    lieu  of    board  of 

health,   §3062. 
compensation  of  health  officer,  §  3064. 
failure  to  appoiot  health  officer  and  board  of 
health,  proceedings  on,  §3064. 
See  Quarantine. 
State  board  of.  time  of  making  report,  §  332. 
number  of  copies  to  be  printed,  §  334. 
distribution  of  reports,  §  3.35. 


Index.  1135 

HEALTH— Continued. 
State  Board  of — 
members  composing,  §  343. 
appointment  by  governor,  §  368. 
term  of  office,  §  309. 
wlio  constitute,  §  2978. 
duties,  §  2979. 

to  make  certain  reports,  §  2980. 
time  and  place  of  meeting,  §  2981. 
members     receive    no     compensation     except, 

§  2981. 
duties  and  salary  of  secretary,  §  2982. 
expenses  of,  limited,  §  2983. 
San  Francisco    Board    of,  members    composing, 

§  313. 
how  elected  and  term  of  o'ffice,  §  360. 
constituted  how,  §  3005. 
president,  and  meetings,   §  3006. 
to  elect  health  officer,  §  3007. 
powers  of  health  officer,  §  3008. 
to  appoint  deputy  health  officer,  etc.,  §  3009. 
inspectors  to  be  appointed,  §  3009. 
other  employees  to  be  appointed,  §  3009. 
compensation  of  officers,   §  3010. 
inspectors'  salaries,  §  3010. 
expenses  of  health  officer,  §  3011, 
general  powers  of,  §  3012. 
number    of    inspectors    may  be    increased,   § 

3012. 
ship-masters  to  report  infected  vessels,  §  3013. 
passengers  and  freight  of    infected    vessel,    § 

3014. 
duties  of  pilots,  §  301.5. 
penalty  for  ship-master's  neglecting  to  comply 

with  regulations.  §  301G. 
vessels    from    infected   ports,    etc.,    subject   to 

quarantine,   §  3017. 
examination  of  infected  vessels,  §  .3018. 
passengers  not  to  be  lauded   without  pei-mit, 

§  3019. 
fees  of  health  olhcer,  §  ,3020. 
vaccination,  §  ,3021. 
hospital,  §  3022. 
records  of    births,   deaths,  and    interments,    § 

3023. 


1136  Index. 

HEALTH— Continued. 
San  Francisco  Board  of— 

returns  of  birtlis,   deatlis,   and   still-born   chil- 
dren, §.3024. 

bodies  not  to  be  inteiTed  witliout    permits,   § 
302.5. 

return  of  interments,  §  3026. 

bodies   not  to   be  removed  Avithout  permit,    § 
3027. 

nuisances  abated  bow,  §  3028. 

health  officer  to  keep  fee-book,  §  3029. 

bond  of  healtli  officer,  §  3030. 

health  officer  may  administer  oaths,  §3031. 

actions  in  whose  name  maintained,  §  3032. 

vacating  infected  houses,  §  3033. 

physicians  to  report  infectious  disease,  §  3034. 

to   have  charge  of  cemeteries,    §  3035. 
Saci-amento  Board  of,  members  composing,  §  343. 

appointment  and  term  of  office,  §  361. 

how  constituted.   §  3042. 

term   and  vacancies,    §  3043. 

powers.  §  3044. 

pest-houses,  §  304.5. 

death  records,  §  3046. 

health  offi'eer  when  appointed,  §  3047. 

enforcement  of  regulations.  §  3047. 

expenses,  paid  how.  §  .3048. 

compensation  of  health  offi'eer.  §  .3049. 
HIGHWAYS.     See  Tioads  and  Highways. 
HOGSHEAD  defined.  §.3217. 
HOLIDAYS  defined.  §§  10.  11. 

certain  acts  not  to  be  done  on.  §  12. 

to  be  excluded  in  computing  time.  §  12. 
HOME  OF  THE  INEBRIATE,  act  in  relation  to, 

preserved,  §  19. 
HOR^SES.  to  be  fastened  while  standing  on  high- 

wavs.  §  2934. 
HOSPITALS,  in  time  of  epidemics,  §§  3022.  3045. 

persons  dying  in.  may  be  dissected,  §  3094. 

municipal  authorities  to     maintain,   §  4408. 
HOURS  OF  L.VBOR.    See  Labor. 
HOUSE  OF  ILL-FAME.     See  Ill-fame. 
HUMBOLDT  BAY  AND  BAR.  pilot  commission- 
ers. §§  .343,  2441. 

pilots,  how  appointed  and  removed,  §  2476. 


Index.  1137 

HUMBOLDT  BAY  AND  BAR— Continued. 

rules  governing-  pilots,  §  2477. 

pilots  to  be  attached  to  steamboats,  §  2478. 

pilots  having  priority,  §  2479. 

pilotage  and  towage,  §  24S0. 

pilot  responsible,  when,   §  2481. 

pilot  commissioners  to  recover  forfeiture,  etc., 

§  2482. 
compensation  of  pilot  commissioners,  §  2483. 
secretary  to  publish  receipts,  §  2484. 
pilots  to  observe  regulations,  §  2485. 
pilot's  license,  forfeited  how,  §  2486. 
pilot  losing  vessel,   §  2487. 
extra  services,  §  2488. 
full  pilotage,  §  2489. 
further  fees,  §  2490. 
claims  against  board  of  pilot  commissioners,  § 

2491. 
HUMBOLDT   COUNTY,  act  to  regulate    salmon 

fisheries  in  Eel  river,  preserved,  §  19. 
legal  distances  from  county  seat,  §  161. 
treasurer,   when  to    settle    with  the    state,   § 

3866. 
l)Oundaries  and  county  seat,   §  3914. 
salary  of  cormty  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
ILL-FAME,  Chinese  house  of,  act  for  suppression 

in  force,  §  19. 
IMMIGRATION,  appointment  of    commissioners, 

§  368. 
term  of  offi'ce  of  commissioners,  §  369. 
duties  of  masters  of  vessels  arriving  in  Cali- 
fornia, §  2949. 
form  of  report,  §  2950. 
oath  to  certain  passengei's,   §  2951. 
lazarettos  for  lepers.  §  2952. 
nature  of  bond,  §  2954. 
examination    and    disposition    of    lepers    fees, 

action  on  bond,  §  2956. 
penalty  for  neglect  to  give  bond,  §  2957. 
commutation  fund,  §  29.58. 
fines  and  penalties,  lien  on  vessel.  §  2950. 
other  commutations,    §  29<'>0. 
commutation    money  to    be    paid    into     state 

treasury,  §  2961. 


1138  Index. 

IMMIGPtATION— Continued. 

certain  vessels  exempted,   §  2962. 

certain  persons  exempted,   §  2963. 

powers  and  duties  of  commissioners  of  iuiiiii- 
gration,  §§2964,  2969. 

fees,   §  2965. 

ex  officio  commissioners,  §  2966, 

bond  of  commissioner,  §  2968. 

leprosy  fund,  §  2969. 
INEBRIATES,  liome  of,  §  3022V'. 
IMPRISONMENT,  right  of  state  to  order,  §  .iT. 
IMPROVEMENTS  defined.  §  3617. 

assessment  reduced  or  increased,  §  3693. 

tax  of,  on  what,  lien,  §  3718. 

street,  §  4409. 
INCH  defined,  §  3211. 

INDEBTEDNESS.    See  City  Indebtedness;  Coun- 
ty Indebtedness. 
INDEX,   county  clerk  to    keep    certain,   §§   2217, 
4204. 

recorder  to  keep  certain.  §  4236. 
INDICTMENT,  repeal  of  act,  when  no  bar  to.   § 
329. 

district  attorney  to  draw.  §  42.56. 
INDORSEMENT,  on  legislative  bill,  §  309. 

vetoed  bill,   §  311. 

legislative  bill,  by  secretary  of  state,  §  313. 

warrants  not  paid  for  want  of  funds.  §  414S. 
INEBRIATE,   HOME   OF.    See  Home  of  Inebri- 
ate. 
INFANCY.    See  Feeble-minded  Children. 
INFANTRY.    See  National  Guard. 
INITIALS,  in  desci'ibing  land  on  assessment-book, 

§  3884. 
INJUNCTION  against  use  of  trade-marks.  §  3199. 
INNKEEPER,  lien  on  goods.  §  .31.52. 
INSANE  ASYLUM,  offi^cers,  when  to  report.  §  :532. 

copies  of  report  to  be  printed,  §  334. 

distribiition  of  report,  §  335. 

directors  of,  §  343. 

by  wJiom  appointed.  §  368. 

term  of  offi^^e.  §  369. 

vacancy  in  board  of  directoi's,  §  1003. 

location  and  control  of,  §  2136. 


Index.  1139 

INSANE  ASYLUM- Continued. 

powers  and  duties  of  directors,  §  2137. 

moneys  for  support,  how  drawn,  §  2138. 

directors  to  contract  for  supplies,  §  2139. 

compensation  of  directors,  §  2140. 

medical  superintendent,   §  2150. 

medical  superintendent,  term  of  office,  §  2151. 

medical  superintendent,  powers  and  duties, 
§§  2152,  2153. 

salary  of  medical  superintendent,  §  2154. 

bond  of  medical  superintendent,  §  2155. 

assistant  piiysiciaus,  §  21G5. 

assistant  physicians,  term  of  office,  §  2166. 

assistant  physicians,  general  duties,  §§  2167, 
2168. 

senior  assistant,  when  to  act  as  superinten- 
dent, §  2168. 

salaries  of  assistant  physicians,  §  2169. 

treasurer,  §  2179. 

treasurer,  tenure  of  office,  §  2180. 

treasurer,  general  duties,  §  2181. 

treasurer,  salary,  §  2182. 

treasurer,  bond,  §  2183. 

salaries,  how^  paitl,  §  2193. 

approval  and  filing  of  official  bonds,  §  2194. 

residence  of  physicians,  §  2195. 

business  of  physicians,   §  2196. 

discharge  of  patients,  §  2197. 

insane  convicts.  §  2198. 

restrictions  upon  admission  of  non-residents, 
§  2199. 

disposition  of  moneys  unexpended  on  death  or 
discharge,    §  2200. 

examination  for  admission,  §  2210. 

number  of  witnesses,  §  2211. 

physicians  to  appear  and  testify,  §'2212. 

duty  of  witnesses.  §  2213. 

duty  of  physicians.  §  2214. 

certificates  of  physicians.  §  2215. 

certificates  on  forms,  §  2216. 

commitment,  §  2217. 

commitment,  action  of  judge.  S  2217. 

commitment,  duty  of  clerlv.  S  2217. 

sheriff  to  deliver  persons  to.  §  2218. 


1140  ludex. 

INSANE  ASYLUM— Continued. 

money  found  on  insane  persons,  §  2219. 
certain  insane  not  admitted  to,  §  2220. 
fees  of  sheriff,  §  2221. 
fees  of  physicians,  §  2222. 
female  patient,  how  delivered  to,  "  2218. 
acts  relating  to.    See  General  Laws. 
INSOL\'ENCY,  act  for  relief  of,  preserved,  §  19. 
of  insurance  companies,  §§  600,  601. 
what  constitutes.  §  602. 

See  the  act  of  1895,  in  Code  of  Civil  Procedure, 
Appendix,  tit.  "Insolvency." 
INSPECTOR  OF  GAS  METERS,  governor  to  ap- 
point. §  .368. 
term  of  office,  §  369. 
apparatus  for  testing  meters,  §  577. 
seal,  §  578. 
deputies,  §  579. 

to  inspect  meters,  when,  §§  580,  581. 
compensation.   §  582. 
residence.   §   58.3. 
bond.  §  584. 
INSPECTOR     OF     STEAMBOATS,   to  supervise 
spark-catchers.   §  2375. 
compensation.  §  2376. 
INSPECTORS  OF  ELECTION.    See  Election. 
INSTRUCTION,  in  university,  course  of,  §  1388. 

in  schools.    See  Schools. 
INSURANCE,    commissioner's    certificate     neces- 
sary to  do  business.  §  .596. 
foreign,  fire,  to  pay  certain  premiums  for  bene- 
fit of  disabled  firemen,  p.  1025.  Stats. 
INSURANCE  COMMISSIONER,  when  to  report. 
§  332. 
number  .of  copies  to  be  printed.  §  337. 
distril)ution  of  reports  of.  §  337. 
deputy.  §  .343. 
how  appointed.  §  368. 
term  of  ofR'ce.  §  369. 
eligibility  to  ofli'Ce.  §  594. 
general  duties.  §  595. 
to  examine  affairs  of  insurance  companies.   § 

.597. 
certificate  of.  necessary  to  transact  insurance 
business,  §  .596. 


Index.  1141 

INSURANCE  ^OMMISSIONERS-Coutinued. 
may  impose  fines,   §  598. 
issue  subpoenas,  §  599. 

(Uity  on  insolvency  of  companies,  §§  GOO,  601 
wliat  constitutes  insolvency,   §  602. 
to  keep  record,  §  603. 
may  employ  actuarv,  §  604. 
fees,  §  605. 

assessments  for  deficiency  in  salary    §  606 
certain  certificates  filed  witli,  §§  607,  608 
may  determine  name  of  new  company    S  609 
statements  to,  §  610  i      J>  b  uu^. 

"'theZTi  b?!."""  """'''    '^-    ^'^^^    Publication 
form  of  statements,  §§  612,  618. 
stock  notes,  how  computed.  §  til4 

^^wf h^'^^'pn^'"''*^'  °'*  '^''"^"^^^^  «^  incorporation 
to  furnish  blanks,  §  615. 
company  to  file  name  of  ag-ent  with.  §  616 
duties^when  companies  fail  to  make  statement, 

deposits  and  dividends.  §  618 
receipt  for  deposits,  §  619. 
deposits  returned,  when,  §  620 
must  examine  securities,  §  621 
retaliatory  clause.  §  622' 

%23.^62T  ^''''''^^  ^'""''^  ^''''^'^''  corporations,  §§ 
to  furnish  assessor  with  information    §  6''5 
to  require  securities,  when.  §  6'>6         "     ~  ' 
statement  to,  on  what  based'  5~6^7 
salary.  §  628.  ' 

salary  of  deputy.   §  629. 
continarent  expenses.  §  6.10 
location  of  otfite.  §  6.31. 
olR'cial  bond.  §  ().32. 

conditions  precedent  to  risht  to  act  as  a"ent  or 
solicitor.   §  683.  •    •<B«^iiL  oi 

cfi]fital  stock  of,  §  684. 
otfi'ce  and  furniture.  §  680 
foreign  insurance    company,    statement    of,    § 

f'ol.  Code— 96 


1142  Index. 

INSURKECTION,    conduct   of   troops   quelling,    § 

2059. 
INTELLIGENCE  OFFICE,  license  for,  §  .3380. 
INTOXICATION,   notice  to  employer  of  such,   § 
2933. 
of  driver  on  hisjbwav,  §  2932. 
INTOXICANT,  home  of  inebriates,  §  30221/0. 
INYO  COUNTY,  legal  distances  from  county  seat. 
§  1(52. 
boundaries  and  county  seat,  §  .3942. 
salary  of  county  judge,  §  4329. 
salary  of  district  attorney,   §  4330. 
JOINT  RESOLUTIONS,  take  effect  when,  §  ,324. 
JOURNAL  CLERKS.    See  Legislature. 
JOURNALS,  oath  of  members  of  legislature  en- 
tered upon,  §  240. 
dvity  of  journal  clerk  to  keep,  §§  256,  257. 
distribution  of,  §  409. 
number  to  be  printed,  §  528. 
JUDGES  AND  JUDICIAL   OFFICERS,   number, 
designation,  and  election  of,  §  726. 
Of  supreme  court,  salary  of,  §  736. 
may  apix>int  reporter  of  decisions,  §  767. 
may  .appoint  phonographic  reporter.  §  769. 
to  reside  at  Sacramento,  §  852. 
to  supervise  publication  of  reports,  §§  774,  775. 
Of  superior  court,  salaries  of,  S§  737.  7.38. 
approving  bond  of  notary  public.  §  799. 
approving  bond  of  auctioneer.  §  3285. 
duties  of.  §  4134. 
Of  police  court,  qualifications,  §§  4370,  4424. 
may  appoint  clerk,  §  4425. 
jurisdiction,   §§  4420,  4427. 
justice  of  peace  may  act  as,  §  4428. 
to  keep  open  court.  §  4429. 
disqualification  of  judge,   §  4428. 
Of  justices'  courts.    See  Justices  of  the  Peace. 
Of  elections.    See  Elections. 
Court  commissioners.    See  Courts. 
JUDGES  OF  THE  PLAINS,  acts  in  relation  to. 

jireserved,  §  19. 
JUDGEMENT,  monev  of  account,  how  stated  in.  § 
3274. 
in  action  affecting  land  titles,  §  3416. 


ludex.  1143 

JUDGMENT— Continued. 

against   delinquent   purchaser  of   state   lands, 
wlien  bonds  assigned.  §  3552. 

in  action  against  assessor  for  neglect,  §  3662. 

levy  of  tax  has  effect  of,  §  3716. 
JL'DICIAL  DISTRICTS  abolished.  §  125. 
JURISDICTION  of  state.  §§  33.  34. 

of  state,  who  subject  to,  §  54. 

over  foreign  corporations.  §  616. 

of  police  court,  §§  4426.  4427. 
JURY,  firemen  exempt.  §  3337. 
JUSTICE  OP  THE  PEACE  to  take  testimony  in 
contested  election,  §  275. 

powers  in  such  cases,  S  277. 

duties  in  such  cases.  §§  278,  279. 

to  appoint  appraisers  of  lost  property,  §  3137. 

file  list  of  appraisers.  §  31.38. 

duty  when  woods  on  fire.  §  3345. 

may  act  as  coroner.  §  4289. 

constable  must  attend  courts  of,  §  4314. 

duties  of,  where  prescribed,  §  4316. 

when  to  act  as  police  judge.  §  4428. 
KERN    COUNTY,  legal    distances    from    county 
seat.  §  163. 

boundaries  and  county  seat.  §  3941. 

salary  of  county  jiidge,  §  4329. 

salary  of  district  attorney,  §  4330. 
KLAMATH  COUNTY,  legal  distances  from  coun- 
ty seat,   §  164. 

treasure!',  wlien  to  settle  with  state,  §  3866. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney.  §  4330. 
LABOR  on   public  buildings,   by   day's    work,    § 
3233. 

eight  hours  a  day's,  §§  3244,  3245. 

hours  of  labor,    §  3244. 

hours  of  lal)or  on  street  cars,  §§  3246.  3250. 
LAKE  COUNTY,    legal    distances    from    county 
seat,  §  164. 

boundaries  and  county  seat.  §  .3917. 

salary  of  county  judge.  §  4329. 

salary  of  district  attornev.  §  4330. 
LAKE  MERRITT,  act  to  prevent  destruction  of 

fish  and  game,  preserved,   §  19. 
LAND,  term  defined,   §   17. 


1144  Index. 

LANDS,  PUBLIC.    See  Town  Lands, 
intruders  upon,  §  42. 
duty  of  suiTeyor  general,  §  483. 
proceeds  of  certain,  to  university,  §  1415. 
i-egister  to  Iceep  certain  records,  §  3395. 
register  to   keep   plats   and   note  location,    §§ 

3396,  3397. 
state  locating  agent.  §  3398. 
surveyor  general   to   keep   certain    records,    s 

3405. 
duty   of  surveyor   general  on  application   for 

purchase,  §§  3406,  3407. 
payments,  Iiovf  made,  §  3512. 
forfeiture  for  failure  to  pay,  §  3513. 
certilicate  of  purchase,  §  3514. 
certificate  of  purchase  may  be  sold,  §  3515. 
sale  to  be  recorded,  §  3516. 
compensation  of  recorder,  §  3517. 
duplicate  for   lost  cei'tificate  of     purchase,    § 

3518. 
patents  to  be  prepared  by  i*egister,  §  3519. 
patents,  how  executed.  §  3520. 
not  to  issue  until  when,  §  3521. 
patents  to  be  recorded.  §  3522. 
effect  of  patent  issued  to  deceased  persons,   § 

3523. 
list  of  delinquent  purchasers  to  be  furnished 

district  attorney,   §  3.546. 
proceedings  asainst  delinquent  purchasers.   §§ 

3547.  3548. 
service  of  summons,  §  -3549. 
copy  of  decree  to  be  filed.  §  3550. 
wlaen   delinquent   purchaser  may   be   restored 

to  all  rights,  §  .3.551. 
when  .iudgment  binds  assignee.  §  3552. 
compensation  of  district  attorney.  §  3553. 
after  filing  decree  land  subject  to  sale.  §  35.54. 
costs  of  suits  taxed  and  collected.  §  3555. 
riglits  of  subsequent  purchasers.  §  3556. 
duplicates  for  lost  or  defaced  land  wan-ants, 

§§  ,356(i-3569. 
aliandonment  of  entry  or  location.  §  .3570. 
when  purchaser  to  be  repaid.  §§  3571.  3572. 
cei'tain  applications  made  valid.   §  3.573. 
application  of  fees.  §  3574. 


Index.  1145 

LANDS,   PUBLIC— Continued. 

sale   for  taxes,    caucellatiou   of     certificate,    § 

3805. 
sold  to  state  for  taxes,  disposition  of,  §§  3785, 

3788. 
surveyor    general    to    obtain    statement  as  to 

condition  of  sciiool  sections,  §  3409. 
registers  and  receivers,  how  compensated  for 

services  rendered  state,  §  3410. 
surveyor  general  to  represent  state  in  contests, 

§  3411. 
place  of  taking  testimony,  §  3412. 
attornev  general  to  attend,  traveling  expenses, 

§  3413. 
contest  as  to  surveys,  etc.,  how  disposed  of,  §§ 

3414.  3415. 
effect  of  judgment,  §  3416. 
limitations,  §  3417. 

county  treasurer  to  report  to  register,  §  3422. 
duty  of  register  on  receipt  of  report,  §  3423. 
quarterly  reports  of  county  treasurer.  §  3424. 
treasurer  to  pay  over    moneys     received     for 

lands,  exception,  §  3425. 
county   ti-easurers   to   retain   moneys   received 

for  swamp  lands.  §  342(i. 
interest,  how  computed  and  when  payable,   § 

8427. 
instructions  and  printed  forms.  §  .3429. 
School,  investing  proceeds  of  sale,  §  680. 
price  and  payment,  when,  §  3494. 
affi'davit  on  application  to  purchase  sixteentlv 

and  thirty-sixth  sections,  §§  3495,  3496,  3501. 
limit  of  acres  to  be  sold  to  one  applicant,   § 

3495. 
occupants  protected,  §  3497. 
approval  of  application,   §  3498. 
unapproved  application,  void.  S  .3498. 
contests,  how  determined,  §  3499. 
applications     for    other    than     sixteenth    and 

thirty-sixth  sections,  §§  3500,  3-501. 
false  statement  on  application,  perjury,  §  3500. 
land  wan-ants  received  in  payment  of  purchase 

money,   §  3502. 
right  of  pre-emption  of,  §  3503. 


1146  Index. 

LANDS,  PUBLIC— Continued. 

acts   validating     applications   for  purchase,    § 
3573. 
Swamp  and  overflowed,  land  fund    how  consti- 
tuted, §  342G. 

price  and  manner  of  payment,  §  3440. 

surveys  not  approved  till  laud  segregated,  § 
3441. 

settlers  preferred  purchasers  for  ninety  days. 
§  3442. 

applications  for  purchase,  §  3443. 

by  female,  §  344-1. 

where  filed,   and  dtitv  of  county   surveyor,    § 

petitions  for  formation  of  reclamation  dis- 
tricts, §§  3446,  3447. 

reclamation.  For  statutes  bearing  on  this,  see 
General  Laws,  tit.  Reclamation. 

petition  for  formation  of  reclamation  district 
])V  owners  of  land  not  included  in  districts, 
§'3492. 

i^eclaraation  districts,  suits  to  determine  valid- 
ity of  assessments,  §  3493%. 

reclamation  districts,  assessments  unpaid  bear 
interest,  §  3466. 

reclamation  districts,  correction  of  mistalies  in 
lists.  §  3460. 

election  of  trustees  of  reclamation  districts,  § 
3453. 

trustees  of  reclamation  district,  compensation 
of.  S  34.14. 

reclamation  district,  nonuser  of  jwwers,  §  3493. 

reclamation  districts,  dissolution  of,  §  .3493. 

when  district  situated  in  different  counties,  § 
3448. 

proceedings  on  approval  of  petition.  §  3449. 

petition,  where  recorded.  §  3450. 

duty  of  register  on  receipt  of  copy.  §  3451. 

district  by-laws  and  trustees.  §  3452. 

powers  of  trtistees,  §  3454. 

trustees  to  report  plans,  etc..  §  34.55. 

assessment  for  reclamation  purposes.  §  .3456. 

warrants,  how  ]iresented:  if  not  paid  to  draw 
interest.  §  3457. 


Index.  1147 

/ANDS,  PUBLIC— Continued. 

district  in  different    counties,     cliarges,     how 

paid,  §  3458. 
additional  cliarges  may  be  assessed,  §  3459. 
commissioners     to     make     assessment  lists,   § 

3460. 
form  of  lists,  §  3461. 
lists,,  laow  and  wliere  filed,  §  3462. 
lien,'  acquired  by  filing  lists,  §  3463. 
credit  to  owner  of  land,  §  3464. 
payment,  how  made,  §  3465. 
delinquent  charges,  how  collected,  §  3466. 
work     of     reclamation     under     direction     of 

trustees,  §  3467. 
accounts  open  to  inspection,  §  3468. 
subsequent  purchasers 'governed  by  bv-laws,  § 

3469. 
rights  of  purchasers,  §  3470. 
property  condemned  for  reclamation  purposes, 

§  3471. 
owners   may   recladm   without   intervention  of 

ti'ustees,   §  3472. 
their  powei's  and  duties,   §  3473. 
interest  to  cease  when  works  of  reclamation  in 

progress,  §  3474. 
Avhen   work   completed,   statement  to  be  filed 

and  moneys  paid  over,  S  3475. 
three   years    after   completion    of    work,    com- 
missioners to  examine,   §  3476. 
if  lands  reclaimed,  patent  to  issue,  §  3477. 
old  trustees  may  recognize,  §  3478. 
trustees  may  compromise     indebtedness     and 

levy  tax  to  pay,  §  3479. 
bonds   and   waiTants   redeemed,   how   may  be 

used,  §  3480. 
owners  of  land  in  old  districts,  may  be  set  off 

in  separate  districts,  §§  3481,  3482. 
districts,  how  designated,  §  .3483. 
in  Sacramento,  supervisors  may  employ  clerk, 

§  3484. 
payment  on  lands  held  for  five  years,  §  3485. 
liability  of  riparian  owners.  §§  3486,  3487. 
certain  lands  exempt.  §  .3488. 
act  for  refunding  indebtedness  of  reclamation 

and  levee  districts,  §  3488. 


1148  Index. 

LANDS,  PUBLIC— Coutiuued. 

districts  may  be  consolidatetl,  §  3481). 
injury  to  levees,  §  3490. 
elections  in  reclamation  districts,  §  3491. 
University,    regents   to   select   and    sell    certain 
lauds,  §  3533. 
land  agent  of,  duty,  §  3534. 
moneys  to  be  paid  out  of  treasury  on  order  of 

regents,  §  3535. 
delinquent  purchasers,  §  3536. 
act  concerning  selection  and  sale  of,  §  3530. 
Certificates  of  purchase  of  state  lands,  record,  of. 
§  3395. 
to  be  noted  on  plats,  §  3397. 
of  school  lands,  when  to  issue,  §  3514. 
of  state  lands,  wheR  to  issue,  §  3514. 
evidence  of  title,  §  3514. 
may  be  transfeiTed,  §  3515. 
sale  of,  to  be  recorded.  §  3516. 
duplicate  for  lost,  §  3518. 
of  university  lands,  by  whom  issued,  §  3534. 
of   state   lands,    abandonment   of,    location   by 

surrender  of,  §  3570. 
of  state  lands,  holder  of,  may  be  repaid,  when. 
§§  3571.  3572. 
LASSEN  COUNTY,  legal  distances  from  county 
seat,  §  165. 
boundaries  and  county  seat.  §  3912. 
salary  of  county  judge.  §  4329. 
salarv  of  district  attorney,  §  4330. 
LAW  of  road.  §  2931. 

certain  county  offi.'cea-s  not  to  practice,  §  4121. 
defined,  §  4466. 
how  expressed,   §  4467. 
the  common,  the  rule  of  decision,  §  4468. 
LAZARETTOS  for  lepers.  §  2952. 
LEAP-YEAR  defined,  §  3256. 
LEASE,  lessor  liable  for  taxes  on  property  leased. 

§  3887. 
LEGAL  DISTANCES  from  county  seats  to  Sac- 
ramento. Napa.   Stockton,  and  San  Quentiu, 
§§  151-202. 
From  county  seats  to  Sacramento,  Napa.  Stock- 
ton, and  San  Quentin. 


ludex.  IHl) 


,EGAL  DISTANCES— Continued. 
Alameda  county,  §  151. 
Alpine  county,  §  152. 
Amador  county,  §  153. 
Butte  county,  §  154. 
Calaveras  county,  §  155. 
Colusa  county,  §  156. 
Contra  Costa  county,  §  157. 
Del  Norte  county,  §  158. 
El  Dorado  county,  §  159. 
Fresno  county,  §  WO. 
Humboldt  county,  §  161. 
Inyo  county,  §  162. 
Kern  county,  §  163. 
Lake  county,  §  164. 
Lassen  county,  §  165. 
Los  Angeles  county.  §  166. 
Marin  county,  §  167. 
Mariposa  county,  §  168. 
Mendocino  county,  §  169. 
Merced  county,  §  170. 
Modoc  county,  §  171. 
Mono  county,  §  172. 
Monterey  county,  §  173. 
Napa  county,  §  174. 
Nevada  county,  §  175. 
Placer  county,  §  176. 
Plumas  county,  §  177. 
Sacramento  county,  §  178. 
San  Benito  county,  §  179. 
San  Bernardino  connty,  §  180. 
San  Dieg'o  county,  §  181. 
San  Francisco  county,  §  182. 
San  Joaquin  county,  §  183. 
San  Luis  Obispo  county,  §  184 
San  Mateo  county,  §  185. 
Santa  Barbara  county.  §  186. 
Santa  Clara  county.  §  187. 
Santa  Cruz  county,  §  188. 
Shasta  connty,  §  189. 
Sierra  county,  §  190. 
Siskiyou  county,  §  191. 
Solano  county,  §  192. 
Sonoma  county,  §  193. 


1150  ludex. 

LEGAL  DISTANCES— Continued. 
Stanislaus  county,  §  194. 
Sutter  county,  §  195. 
Telaama  county,  §  19G. 
Trinity  county,   8  197. 
Tulare  county,  §  198. 
Tuolumne  county,  §  199. 
Ventura  county.  §  200. 
Yolo  county,  §  201. 
Yuba  county,  §  202. 
mileage,  how  computed.  §  203. 
LEGISLATURE,  consent  of.  to  purchase  of  land 

by  United  States,  implies  what,  §  34. 
consists  of  what,  §  225. 
term  of  members,  §  226. 
time  and  place  of  meeting.  §  235. 
certificate  of   election,    §    236. 
organization.  §§  237-239. 
oath  of  members,  when  recorded,  §  240. 
ofR'cers.  how  elected,  §  247. 
what  offi'cers  of.  may  administer  oath.  §  252. 
bills,   how  marked,   labeled,  and  arranged,   at 

close  of  session.  §  261. 
per  diem  and  mileage  of  members,  §  266. 
per  diem  and  mileage  of  presiding  offi'cers.   § 

267. 
compensation  of  employees,  §§  268.  269. 
contesting  elections  for  members.  §  273. 
duty  of,  where  election  of  governor  or  lieuten- 
ant governor  is  contested,  §§  289-293. 
subpoenas  by.  §  301. 
may  punish  for  contempt.  §  302. 
compel  attendance  of  witnesses.  §  303. 
bill  received  by  governor  must  be  indorsed.  § 

309. 
bill,  approval  of.  by  governor.  §  310. 
bill  returned  without  approval  of  governor.   § 

311. 
return    of    bill  without  approval  of  governor 

when  house  not  in  session.  §  312. 
bill  remaining  with    the   governor  more -than 

ten  days,  §  313. 
printing  ordered  by,  §  526. 
number  of  bills  to  be  printed.  §  527. 


Index.  1151 

LEGISLATURE— Continued. 

laws  and  journal  to  be  printed,  §  528. 

printing  and  comparing  bills,  §  539. 

engrossing  bills,  §  539. 

order  of  printing  and  comparing  bills,  §  539. 

certain  printing  without  charge,  §§  531-534. 

report  of  board  of  examiners  to,  §§  G63,  6G7. 

appeals  to,  from  board  of  examiners,  §  G71. 

certain  resignations  to  be  made  to,  §  995. 

resignations  of,  to  whom  made,  §  995. 

vacancy  in,  how  filled,  §  998. 

vacancy  occurring  during  recess,  §  1000. 
Senate, 

number  of  members,  §  225. 

term  of  offi'ce,  §  226. 

members,  when  elected,  §§  227,  228. 

what  offi'cers  hold  until  successors  qualify,   § 
237. 

organization,  §  238. 

offi'cers  and  employees,  §§  237,  245. 

officers,  how  elected,  §  247. 

president  and  presidefit  pro  tern,  may  adminis- 
ter oaths,  §  252. 

duty  of  secretary,  §  253. 

of  assistant  secretaries,  §  254. 

minute^clerk,  §  255. 

daily  journal  to  be  printed,  §  256. 

journal,  printing  and  authenticating,  §  256. 

sergeant-at-arms,  §  259. 

assistant  sergeant-at-arms,  §  260. 

duty  of  offi'cers  at  close  of  session,  §  261. 

per  diem  of  president  pro  tern.,  §  267. 

compensation  of  offi'cers,  §§  268,  269. 

right  to  seat  may  be  contested,  §  273. 

subpoena  by  president  of,  §  300. 

may  commit  for  contempt,  §  302. 

may  compel  attendance  of  witnesses,  §  303. 

appointment  of  offi'cers,  by  consent  of.  §  3()8. 

form  of  nominations  to,  by  governor,  §  889. 

resolution    of,    concurring    in    nomination    by 
governor.  §  890. 

certain  resignations  to  bo  made  to,  §  995. 

vacancy,  how  filled,  §  998. 
Assembly,  members,  when  elected,  §  78. 


1152  Index. 

LEGISLATURE— Contlnuecl. 
Assembly— number  of  members,  §  225. 
term  oi"  ofEce,  §  226. 

what  officers  bold  until  qualification  of  .succes- 
sor. §  2.37. 
organization,  §  239. 
offi'cers,  §§  237,  246. 
offit-ers,  bow  elected,  §  247. 
assistants  of  engrossing  and  enrolling  clerks, 

§  248. 
pay  of  assistants,  §  249. 
speaker  and  speaker  pro  tern,  may  administer 

oatbs,  §  252. 
duties  of  cbief  clerk,  §  253. 
of  assistant  clerks,  §  2.54. 
minute-clerk,  §  2.55. 
journal-clerk,  §  257. 

journal,  printing  and  autbenticating,  §  256. 
daily  journal  to  be  printed,  §  256. 
sergeant-at-arms,   §  259. 
assistant  sergeant-at-arms,  §  260. 
duties  of  offi'cers  of.  at  close  of  session,  §  261. 
per  diem  of  speaker  and  speaker  pro  tem., 

267. 
compensation    of    offi'cers   and   employees,    § 

268,  269. 
rigbt  to  seat  may  be  contested,  §  273. 
duty   of   pi-esiding   offiicer   in   certain   case,    § 

290.  291. 
duty  of,  in  appointing  ti'ial  committee,  §  292. 
may  issue  subpoenas,  §  300. 
may  commit  for  contempt.  §  302. 
may  compel  attendance  of  Tvitnesses,  §  303. 
resignation  of  members,  to  wbom  made.  § 
vacancy  in,  bow  filled,  §  998. 
Committee,    of    senate    or    assembly,  memb€ 

mav  administer  oaths,  §  252. 
salary  of  clerks,  §  268. 
powers,  §  294. 
to  try  contested  election  of  governor  or  lie^ 

tenant  governor,  §§  292.  293. 
judgment.   §  295. 
chairman  of  legislative,  mav  issiie  subpoenas, 

§  300. 


ludex.  3153 

LEPERS.    See  Lazarettos. 

LETTERS  PATENT.    See  Patents,  Land. 

LEVEES,  injuries  to,  §  3490. 

injury  by  mobs,  §  4452. 
LEVY.    See  Taxes. 

LIABILITIES  of  insurance  companies,  bow  com- 
puted on  insolvency,  §  G02. 

of  bond  of  notary  public,  §  800. 

assessor  and  sureties  for  negligence,  §  3660. 

tax  collector,  for  negligence,  §  3754. 
LIBRARY  OP  SCHOOLS,  fund  for,  §  1712. 

control  and  location,  §  1715. 
IJBRARY   OF   STATE,   when  librarian  to  make 
report  to  governor,  §  332. 

number  of  copies  of  report  to  be   printed,    § 
334. 

distribution  of  reports  of  librarian,  §  335. 

trustees  of.  number.  §  343. 

librarian  of,  §  343. 

number  of  deputy  librarians,  §  .343. 

appointment  and  term  of  ofii'ce,  §  353. 

appointment   and    term    of   offit-e   of   librarian 
and  deputies.  §  356. 

fund.  §§  416,  2.300. 

by  whom  controlled,  §  2292. 

general  powers  and  duties  of  trustees,  §  2293. 

term  of  otH'ce  of  librarian.  §  2294. 

duties  of  librarian.  §  2295. 

who  may  take  books.  §§  2296.  2297. 

books  taken  by  state  oftifers,  §  2298. 

liability  for  injuries  to  books,  §  2299. 

when  kept  open.  §  2301. 

salary  of  librarian.  §  2302. 

salary  of  deputy  librarian,  §  2303. 

bond  of  librarian,  §  2:'>04. 

chapter  in  force,  when.   §  2305. 
LIBRARY  OF  SUPREME  COURT,  who  mav  use, 
§  2313. 

librarian,  his  duties  and  compensation.  §  2314. 

Avho  may  take  books.  §  2315. 

fund.  §  2316. 
LICENSES  of  pilots.   §  24.30. 

when  to  be  shown.  §  24.34. 

piloting  vessels  without,  §  24.39. 
Pol.  Code-97. 


1154  Index. 

LICENSES— Contimied. 

of  pilots,  who  to  examine,  §  2457. 

of  pilots,  may  be  revoked,  §  2461. 

causes  for  revocation,  §  2462. 

decision  of  board  on  revoking,  §  2464. 

forfeiture  of  pilots,  in  certain  cases,  §  2486. 

tax  for  toll-bridges  and  feiTies,  §  2S46. 

when  to  issue,  §  2849. 

revenue  derived  from  such,  §  2857. 

to  keep  wharf,  chute,  etc.,  §  2917. 

auctioneers,  who  exempt  from,  §  3286. 

original  application  for,  §  3287. 

renewal  of.  §  3288. 

renewal  for  how  long,  §  3289. 

not  transferable,  §  3290. 

to  be  prepared  and  printed,  §  3356. 

auditor  to  number,  sign  and  deliver,  §  3357. 

auditor  to  keep  stamps  and  license  account,  § 
3358. 

when  to  be  procured,  §  3359. 

suit  against  per!?on  failing  to  take  out,  §  .3360. 

duties  of  tax  collectors  in  relation  to,  §  3361. 

action  against  delinquents.  §  3362. 

settlements  by  tiix  collector,  §  3363. 

fees  for,  §  3364. 

classification  of  auctioneers,  §  3376. 

bridge,  feiTy,  wharf,  chute,  and  pier,  §  3378. 

brokers,  trust  companies,  etc.,  §  3379. 

billiards.  §  3380. 

theaters,  §  ,3.380. 

bull  and  bear  fights,  §  3380. 

pawnl)roker,  §  3380. 

intelligence  offi-ce,  §  3380. 

retail  liquor,  §  3.381. 

merchants  and  livery  stables.  §  3382. 

exception  in  using  liquors,  §  .3383. 

peddlers  and  hawkers,  §  .3.384. 

animals  kept  for  propagation,  §  .3385. 

certain  exhibitions,  etc.,  exempted.  §  3386. 

present  incumbents  to  collect.  §  3387. 

supervisors  to  fix.  S  4(>45. 

common  council  to  provide  for  certain,  §  4408. 

acts  relating  to.  See  General  Laws,  tit.  Li- 
censes. 


Index.  1155 

LIEN,  judgments  on  offl'eial  bonds,  §§  984,  987. 

wharfage  to  be,  §  2524. 

fines  for  violating  immigration  laws,  §  2959. 

by  filing  assessment  list  for  reclamation  pur- 
poses, §  34G3. 

levy  of  taxes  as,  §  3716. 

tax  due  on  personal  property,  on  real  property, 
§  3717. 

tax  on  real  property,  on  what,  §  3718. 

tax  on  improvements,  on  what,  §  3718. 

of  state  for  taxes  in  purcliasei*  at  delinquent 
sale,  §  3779. 

poll-tax.  §  3860. 
LIEUTENANT  GO\'ERNOR,   contesting    election 
of,  §  288. 

proceedings  thereon,  §§  289-293. 

mode  of  election  and  terni  of  offi'ee,  §  348. 

ex  ofll'cio  regent  of  university,  §  353. 

ex  otfi'cio  member  of  board  of  state  prison  di- 
rectors, §  367. 

duties,   §  396. 

compensation,  §  397. 

to  talve  oath  of  offi'ee,  where,  etc..  §  905. 

warden  of  state  prison.  §  .367. 

I'esisnation,  to  whom  made,  §  995. 
IJGHTS.  for  state  offi'cers,  §  413, 

how  paid,  §  414. 

signal  to  be  kept  on  shipping,  at  night,  §§  2.366, 
2368,  2370. 
LIMITATIONS,  ho^v  affected  by  codes,  §  9. 

on  powers  of  supervisors,   §  1130. 

of  actions  to  quiet  title  to  certain  lands,  §  3417. 

of  actions  for  injuries  by  mobs  or  riots,  §  44.54. 
LI()Uir>S,  analyzing.    See  State  Analyst. 
LIQUOR  not  to  be  sold  within  a  mile  of  univer- 
sity. §   1405. 

penalty.  §  1405. 

license  for  retailing.  §§  .3.381,  3383. 
LISTS,  DELINQUENT.    See  Taxes. 
LIVERY  STABLES,  license  of,  §  .3382. 
LOAN,  counties  not  to  borrow,  §§  4004,  4005. 
LOCATINr4  AGENT.    See  Surveyor-general. 
LOCATION  of  state  lands,  record   to  be  kept,   § 

3395. 


1156  Index. 

LOCATION— Continued. 

approval  to  be  noted  on  plats,  §  3396. 

of  state  lands,  contest  as  to  approval,  §§  3411- 

3417. 
abandonment,  §  3570. 
LOGS.    See  Lumber. 

LOS  ANGELES  COUNTY,  legal  distances  from 
county  seat,  §  166. 
boundaries  and  county  seat,  §  3945. 
salary  of  county  judge,  §  4329. 
salarv  of  district  attorney,  §  4330. 
LOST  PROPERTY,  duties  of  finder,  §  3136. 
appraisement,  §  3137. 
justice,  to  file  list  of  appraisers,  §  3138. 
finder  to  advertise,  §  3138. 
proceedings  where  owner  not  found  within  six 

months,  §  3139. 
finder  to  restore,  §  3140. 
owner  may  sue  for,  §  3140. 
finder  failing  to  make  discoverv,  §  3141. 
proof  of,  §  3142. 
LUMBER,  defined.  §  2.389. 

owner  may  reclaim  floating.  §  2390. 
floating,  when  turned  over  to  sheriff,  §  2391. 
floating,  application  of  proceeds  when  sold.  § 

2392. 
disposition  of  proceeds  of  sale.  §  2393. 
supervisors   may   improve  streams   to  float.    § 
4085. 
MAGISTRATE,  definetl.  §  17. 

superior  judge  to  perform  duties  of,   §  41.34. 
MAIL,  process  returnable  bv.  S  4177. 
MAJOR-GENERAL.    See  National  Guard. 
MA.JORITY',  power  under  joint  authority.  §  15. 
MAPS,  certain,  to  be  delivered  to  clerk  of  super- 
visors, §  36.54. 
supervisors  to  furnish  to  assessor,  §  3658. 
of    boundary    lines    heretofore    made  valid.   § 
3973. 
MARE     ISLAND,     pilots,     regulations     for.    See 

Pilots. 
MARIN  COUNTY,  act  in  relation  to  salmon  fish 
eries  in.  preserved.  §  19. 
legal  distances  from  couutv  seat.  §  167. 


Index.  1157 

MARIN  COUNTY— Continued. 

boundaries  and  county  seat,  §  3957. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 
MARINERS.    See  Seamen. 

MARIFOSA  BIG  TREE  GROVE,  number  of  com- 
missioners of,  §  343. 

appointment  and  term  of  office,  §  357. 

commissioners  of,  §  3584. 

powers,  §  3585. 

report  of,  §  3586. 
MARIPOSA   COUNTY,   act   for  better  protection 
of   stock-raisers   in,   preserved,    §  19. 

legal  distances  from  county  seat,  §  168. 

boundaries  and  county  seat,  §  3938. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney,   §  4330. 
MARKET,  public,  act  authorizing  maintenance  of 

in  San  Francisco,  p.  1040. 
MARKET  INSPECTOR,  for     San  Francisco,   ap- 
pointment and  duties,  §  3009. 

salary,  §  3010. 
MARKS  AND  BRANDS,  act  concerning,  in  Si.sld- 
you  county,  preserved,  §  19. 

owners  of  cattle  to  keep,  §  3167. 

to  be  recorded,  §  3168. 

recorder's  duties  respecting,  §  3169. 

not  lawful  unless  recorded,  §  3170. 

certain  not  allowed,   §  3171. 

at  wliat  age  animals  branded.  §  3172. 

evidence  of  ownership,   §  3172. 

regulations  concerning,  for    selling    animals,  § 
3182. 

penalty  for  using  more  than  one,  §  3183. 

fraudulently  using,   §  3184. 

hides  of  slaughtered  cattle  to  be  kept,  §  3185. 
MARKS.     See  Trade-marlcs. 
MARRIAGE,  registry  of,  §  3074. 

recorder's  dutv,  §  3074. 
MARSHAL,  qualifications,  §  4370. 

bond,  §  4374. 

duties.  §  4389. 
MASCULINE  GENDER     includes     feminine  and 
neuter,  §  17. 


1158  Index. 

MASTER  AND  SERVANT,  hours  of  labor.  See  La- 
bor. 
MAYOR,  powers,  §§  4386,  4387. 

president  of  common  council,  §  4388. 

of  Sau  Francisco  ex     officio  member  of  state 

harbor  commission,  §  2531. 
of    San    Francisco,    member  of   city    board    of 

health.  §§  3005,  300G. 
executive  power  of  cities  vested  in,  §  4355. 
qualifications,  §  4370. 
to  approve  bonds  of  officers,  §  4374. 
act  relieving  mayors  in  certain  cities  from  act- 
ing as  judge  or  justice.  See  Code  of  Civil  Pro- 
cedure, Appendix,  p.  798. 
MEASURES.     See  ^A'eights  and  Measures. 
MECHANICS'  INSTITUTE,  president  of,  ex  offi- 
cio regent  of  universitv.  §  353. 
MEMBERS     OF  CONGRESS,     election,   when,   § 
1343. 
returns,  how  made.  §  1344. 
how  transmitted,  §  1345. 
duty  of  secretary  of  state,  §  134G. 
certificate  issuetl  bv  governor,  §  1347. 
MENDOCINO      COUNTY,    legal   distances    from 
county  seat,  §  170. 
boundaries  and  county  seat,  §  3918. 
salary  of  county  judge,  §  4329. 
salarv  of  district  attorney,  §  4330. 
MERCED  COUNTY,  legal  distances  from  county 
seat,    §  170. 
boundaries  and  county  seat,   §  3934. 
salary  of  county  judge,  §  4329. 
salarv  of  district  attornev,  §  4330. 
MERCHANTS,  license,  §  3382. 
MERIDIAN,  survevs  to  be  bv  true,  §  4271. 
MID  WIVES,  to  make  reports  of  births  and  still- 
born,  §§  3024,  3075. 
MILEAGE,   how  computed,   §   203. 
of  members  of  legislature,  §  266. 
of  speaker  of  assembly.  §  267. 
of  lieutenant-governor,  §  397. 
to  tax  collector  for  seizing  and  selling  personal 

property,  §  3793. 
county  treasurer  forfeits,  when,  §  3867. 


Index.  1159 

MILEAGE— Continued. 

controller  to  deduct,  from  payments  made  by 

treasurer,  §  3871. 
rate  of,  allowed  county  ti-easurer,  §  3876. 
MILE  defined,  §  3212. 
MILE-STONES,   injury  to,    §2738. 
bv  toll-road  companies,  §  2795. 
MILiXARV   INSTRUCTOR     of   university   to  re- 
port to  adjutant-general,  §  1477. 
MILITIA.     See  Arms;   National  Guard. 

electors,  when  exempt  from  duty  in,  §  1070. 

who  sul3ject  to  duty,  §  189'5. 

who  exempt  from  duty,  §  18J)(>. 

assessor  to  keep  roll  of  pei-sons  subject  to,   § 

1897. 
roll  to  be  corrected  by  bo^rd  of  equalization, 
copies  delivered  to  brigadier-generals,  §  1900. 
muster-rolls,   §  1902. 
when  and  by  whom  called  into  actual  service, 

S§  2039,  2040. 
call,  how  made,  §§  2041-2043. 
organization  for  actual  service,  §  2045. 
when  draft  ordered,  §  2049. 
who  to  superintend  draft,  §  2050. 
persons  drafted  to  rendezvous,  §  2051. 
failure  of  assessor  or  tax-collector  to  keep  list, 
penalty,    §   1898. 
MILITARY  COMPANIES,  right  to  parade,  §  1942. 
MINERAL  WATERS,  analj'zmg.     See  State  An- 
alyst. 
MINERS,   state  hospital  and  asylum  for  miners. 

See  General  Laws,  tit.  "Mines." 
MINORS,  state's  right  to  provide  custody  and  re- 
straint without  guardians,  §  37. 

See  Feeble-Minded  Children. 
MINUTE-BOOK  to  be  kept  by  supei-visors,  §  4031. 
MINUTE-CLERKS.     See  Legislature. 
MISDEMEANORS,     solicitation  of  or  pledge  by 
candidate,  p.  1051,  Stat. 
placing  animals  or  refuse  near  roads  or  street, 

§  2737. 
bridge,  injury  to,  §  2737. 

refusal  of  landlord  or  lodging-house  keepei*  to 
keeii  list,  §  109G. 


1160  Index. 

:miSNOJ*IER,  not  to  invalidate  tax  sales,  §  3807. 

MOB,  injuries  to  levees  by,  §  4457. 

MODOC  COUNTY,  legal    distances     from  county 

seat,  §  171. 
MONEY,  counting  of,  in  state  treasui*y,  §  676. 
affidavit  of  such  counting,  §  677. 
found  on  person  of  insane,  §  2219. 
commutation,  whei'e  paid,  §  2961. 
lost,  duty  of  finder,  §  3136. 
tax-collector  to  pay  over,  when,  §  3753. 
assessor  to  pay  over  certain,  §§  3826,  3853. 
county  treasurers,  when  to  pay  state  treasury, 

§§  3865,  3866,  3872. 
controller  to  make  statement  concerning,  paid 

by  county  treasurer,  §  3873. 
counties  prohibited  from  borrowing,  §  4005. 
treasurer  to  receive  county,  §  4144. 
when  warrants  presented  and  no,  in  treasury, 

§  4148. 
found  on  dead  body  delivered  to  countv  treas- 

urei-.  §§  4158,  4159,  4287. 
county  treasurer  to  keep  public,  §  4161. 
penalty  for  sheriff  failing  to  pay  over,  §§  4181, 

4186. 
counting  of,  in  county  treasury,  §  4221. 
in  county  treasury,  joint  statement  concerning, 
§  4223. 
MONEY  OF  ACCOUNT,  defined,  §§  3272,  3273. 

amount,  how  stated  in  judgments.  §  3274. 
MONO  COUNTY,    legal    distances    from    county 
se.at,  §  172. 
boundaries  and  county  seat.  §  3935. 
salary  of  county  judge,  §  4329. 
salary  of  district  attoruev.  §  4330. 
MONTEREY  COUNTY,  act  for  better  protection 
of  stock-raisers  in,  preserved,  §  19. 
legal  distances  from  county  seat.  §  173. 
boundaries  and  county  seat  §  3948. 
salary  of  county  judge.  §  4329. 
salary  of  district' attoruev,  §  4330. 
:mONTH.  defined.  §  17. 

JMORTGAGE.  recorder  to  furnish  list  to  board  of 
equalization,   §  3678. 


Index.  1161 

MORTGAGE— Coutiuued. 

to  be  recorded,  §  4235. 

index.  §  4236. 
MUNICIPAL  CORPORATIONS.     See  Cities. 

acts  relating  to.     See  General  Laws,  title,  "Mu- 
nicipal Corporations." 
MUSTERS.     See  National  Guard. 
NAME,   secretary     of  state  to  iieep     register   of 
changed,  §  408. 

error  in,    not   to   invalidate   sale   for   taxes.    § 
3807. 

of  county.  §  4002. 
NAPA  COUNTY,    legal    distances    from    county 
seat,  §  174. 

boundaries  ani»  county  seat,  g  3958. 
salary  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 
NAPA  INSANE  ASYLUM.     See  Insane  Asylum. 
N.iTIONAL  GUARD.     See  Militia. 

of  wliat  consists,  §  1912. 

applications  for  membership,   §  1976. 

board  of  location  and  organization,  §  1913. 

to  be  organized  into  regiments.  §  1914. 

oath  of  officers  and  members,  §  1921. 

system  of  instruction,   §  1922. 

uniform,  §  1923. 

uniforms  and  equipments,  §§  1923,  2027. 

reimbursement  of  members  of  Company  C,  6th 
regiment,  p.  1046. 

colors,  §  1942. 

discharges,  §  1929. 

expulsion,  when  bar  to  re-entry,  §  1932. 

fines,  §  1935. 

exemptions,  §  193(5. 

exemptions  of  members  of,  §  1936. 

list  of  exemptions,  §  1937. 

commander-in-chief  may  disband,  §  1938. 

rules  and  regulations  of  United    States  army, 
how  far  applicable,  §  1939. 

when  and  by  whom  called  into  actual  service. 
§§  2039.  2040. 

call  to  actual  seiTiee,  §  2041. 

duty  of  officers  receiving  call  to  actual  service. 
§§  2042-2044. 


1162  Index. 

NATIONAL  GUARD— Contiuued. 

organization   of     companies   at  such   time.    §§ 

2045,  2046. 
actual  service     calling  and     drafting  into,   §§ 

2039-2066. 
pay  wliile  in  actual  service,  §§  2065,  2066. 
annual  encampment  and  allowances,  §  2022. 
honoraiT  members,  §  1962.  sub.  6. 
target  practice,  §  2031. 
inspectors  of  rifle  practice,  duties  of,  p.  1046, 

Stat, 
field  music,  §  1992. 
camps  of  insti'uction,   acquisition  of,   p.   1047, 

Stat. 
Adjutant  General-- 
when  to  mal^e  report  to  governor,  §  332. 
number  of  copies  of  report  to  be  printed,  §  334. 
distribution  of  report  of,  §  335. 
to  issue  arms  and  equipments  to  universitv  ca- 
dets, §  1475. 
military  instructor  of  universitv  to  report  to, 

§  1477. 
ranlv.  §  1917. 

member  of  board  of  location,  etc..  §  1913. 
duty  on    application    to    organize    companies, 

§§  19.^2.  19.->3. 
when  to  list  companies,  §  1955. 
duty  on  issuing  arms,  §§  1965-1967. 
to  print  laws  and  regulations,  §  2117. 
Assistant  Adjutant  General- 
member  of  board  of  military  auditors,  §  2093. 
general  duties.  §  2107. 
report.  §  2108. 

to  act  as  chief  of  staff,  §  2109. 
appointment  of,  §  2110. 
transportation  of  arms.  §  2111. 
salary,  §  2113. 
salary  of  assistant.  §  2114. 
salaries,  when  and  out  of  what  fund  pavable, 

§  2115. 
official  bond,  §  2116. 
Arms — 
what,  to  be  furnished,  §  1961. 
requisition.   §  1963. 


Index.  1163 

NATIONAL  GUARD— Continued. 

proceedings  on  approval  of  requisition,  §  1964. 

bond.  §§  196.5-1967. 

inspection,  §  1968. 

repair,  §  1969. 

transportation,  §  2111. 
Artillery— 

authority  of  noncommissioned  officers,  §  1957. 

company,  of  what  composed,'  §  1962. 

regiment,  of  what  consists,  §  1982. 
Auditors  Military— 

who  constitute,  §  2093. 

allowance  and  payment  of  company  expenses, 
§§  2094,  2095,  2105. 

other  duties,  §  2096. 

duties  of  controller  and  treasurer,  §  2097. 

claims  exempted  from  board  of  examiners,   § 
2098. 

allowances  to  companies,  §  2099. 

form  of  demand,  §  2095. 
Battalions — 

musters,  §  1972. 

of  infantrv,  §  1982. 

field  officers,  §  1984. 

election  of  offiicers,  §  1986. 

of  light  infantiT,  §  1987. 

drills  of  light  artillery,  §  1989. 

of  light  artillery,  rules  and  regulations,  §  1988. 

staff  of  offl'cer  commanding,  §  1990. 

drum  coi-ps,  §  1992. 

band,  §  1993. 

batteries,  commanders  of,  powers  of,  §  1957. 
Brigades — 

number,  §  2003. 

compose  one  division,  §  2004. 
Brigadier  General- 
appointment  and  term  of  offi^ce,  §  1918. 

to  appoint  person  to  organize  company,  §  1952. 

duty  on  organization  of  companies,  §  1954. 

duty  where  militia  is  called  into  active  service, 
§  2042. 

staff,   §  2007. 
Cadets- 
cadet  companies,  §  2032. 


1164  Index. 

NATIONAL  GUARD-Coutinued. 
Cavalry- 
company,  of  what  composed,  §  1962. 

regiment,  §  1983. 

regiment,  officers  of,   §  1984. 

drills,  §  2024. 
Commander-in-Chief— 

who,  §§  1916,  1919. 

staff,  §  1917. 

may  disband  any  portion  of  national  guard.  § 
19.38. 

power  of,  §  1941. 

duty,  on  requisition  for  arms,  §  1964. 

may  order  militia  into  active  service.  §  2039. 

assign  volunteers  to  existing  companies  in  ac- 
tive service,  §  2047. 

organize  troops,  how,  in  actual  service,  §  2048. 

attach  companies,   §  20.")4. 

officers  discharged  by,  §  2060. 

to  fill  vacancies  in  commission  in  actual  ser- 
vice, §§  2061-2063. 

may  appoint  court  martial.   §  2076. 

member  of  board  of  auditors.  §  2093. 

calling  troops  into  service  in  absence  of,  §2040. 
Companies- 
application  for  leave  to  organize,  §  19.51. 

duty  of  brigadier-general  thereupon,  §  19.-)2. 

organization,  §§  1953,  19.54. 

of  what  composed.  §  1962. 

to  be  listed  and  officers  commissioned,  §  19.55. 

noncommissioned  offl'cers.  §  1956. 

noncommissioned  officers  of  batteries,  §  1957. 

name  and  nvimber,  §  195S. 

oath  and  term  of  service,  §  1959. 

person  not  to  be  member  of  two,  at  same  time. 
§  1960. 

how  armed  and  equipped,  §  1961. 

requisition  for  arms,  etc.,  §  1963. 

approval  of  requisition  for  arms,  §  1964. 

bond  for  arms.  §§  1965-1967. 

inspection  of  arms.  §  1968. 

repair  of  arms.  §  1969. 

musters  and  muster-rolls.  §§  1970-1972. 


Index.  1165 

NATIONAL  GUARD— ContiDiied. 
retired  list,  §  1973. 
liow  manv  constitute  regiment  and  battalion  of 

infantry,  §  1982. 
bow  many  constitute    regiment  of    cavalry,   § 

1983. 
parading  with  less     than     thirty  members,   § 

§  2020. 
failing  to  report  at  parades,  may  be  disbanded, 

§  2023. 
drills,  §§  2026,  2027. 

penalty  for  absence  from  drills,  §  2028. 
register  of  absences  from  drills,  §  2029. 
election  for  officers  of  such,  §§  2046,  2052. 
in  actual  service,  how  attached,  §  2054. 
Companies — 
organization  of,   when   called   into  active   ser- 
vice,  §  2045. 
drafted   men    may   be   enrolled   in    existing,    § 

2055. 
allowances  to,  §  2099. 
pay  while  in  actual  service,  §  2065. 
Courts  Martial— 
Avho  may  appoint,  §  2076. 
organization  and  rules,  §§  2076,  2077. 
powers,  §  2078. 

revision  and  approval  of  sentence,  §  2079. 
fines,  how  collected,   §  2080. 
no  action  to  be  maintained  against  officers,   § 

2081. 
process  of,  how  served,  §§  2076,  2084. 
Courts  of  Inquiry- 
who  may  order,  §  2082. 
rules  governing,  §  2083. 
Discharges — 
by  whom  and  when  granted.  §  1929. 
dishonorable,  penaltv  for,  §  1932. 
Draft- 
when  ordered.  §  2049. 
who  to  superintend,  §  2050. 
persons  drafted  to  rendezvous,   §  2051. 
refusal  to  rendezvous,  §  20.")3. 
companies  nonattached.  §  2054. 

Pol.  Code-9S. 


1166  Index. 

NATIONAL  GUARD— Continued. 

drafted  men  may  be  enrolled  in  existing  com- 
panies,  §  2055. 

substitutes.  ?§  2056-2058. 
Drills  and   Parades— 

wlien  to  be  bad.  §  2018. 

parading  or  drilling  with  less  than  thirty-two, 
§  2020. 

when  must  parade,  §  2018. 

exemptions  from  aiTest  during,  §  2021. 

encampment  and  expenses  of  same,  §  2022. 

cavalry,  §  2024. 

regimental,  §  2025. 

tri-monthly,  §  2026. 

penalty  for  absence  from  company,  §  2028. 

register  of  absences  from,  §  2029.. 

rilie  practice,  §  2030. 
Drum   0017)8— 

of  national  guard,  §  1992. 
Examining  Board- 
constitution  of,  §  1974. 

powers  and  duties  of,  §§  1974,  1975. 

inspection,  annual,  §  1970. 

inspectors  of  rifle  practice,  poAvers  and  duties, 
§  2008. 

hospital  and  ambulance  corps,  §  1981. 
Infanti-y — 

company  of,  of  what  composed.  §  1962. 

regiment  and  battalion  of,  §  1982. 
Laws  and  Regulatiou.s — 

adjutant-general  to  have  printed,  §  2117. 
Major-General— 

appointment  and  term  of  offi'ee.  §  1918. 

staff,  §  2006. 

when  to  call  militia  into  actual  service,  §  204Q 

to  superintend  draft,  §  2049. 

may  appoint  courts-martial,  §  2076. 
Medals — 

decorations,  what  may  be  worn.  §  1946. 

service  medals,  §  1945. 
Musters^ 

how  conducted,  §§  1970-1972. 

naval  battalion.     See  Naval  Battalion. 


Index.  1 167 

NATIONAL  GUARD— Continuetl. 
Officers — 
constituting  board  of  organization,  etc.,  §  1913. 
wliat  are.  §  1915. 
staff,  §  1917. 
appointment  and  tei*in  of  office  of  generals,   § 

1918. 
restrictions  on  citizensliip  of  staff,  §  1919. 
effect  of  line,  accepting  staff  appointments,   § 

1920. 
oatli,  §  1921. 
bonds  of,  §  1965,  et  seq. 
instruction,   §  1922. 
ranlv,  §  1924. 
field  offl'cei-s,  §  1984. 
field  or  line,  election  of,  §§  1985,  1986. 
commanders,  power  in  relation  to  field  music, 

§  1992. 
surgeons  and  assistant  surgeons,  §  1991. 
retiring  of  and  duties  of,  §  1973. 
retirement  of,  §  2003. 
discharge,  retirement  of  oflit'ers,  §  2003. 
re-elected  not  to  be  recommissioned,  §  1925. 
resignations,  bow  made,  §  1926. 
vacancies,  bow  filled,  §  1927. 
absence  or  removal,  wben  deemed  resignation, 

§  1928. 
what,  may  grant  discharges,  §  1929. 
penalty  for  disobedience.  §  1930. 
interrupting,  §  1931. 
exempt  from  taxes,  §  1936. 

no  fees  allowed  for  administering  oath,  §  1940. 
wben  to  be  commissioned.  §  1955. 
noncommissioned,  §§  1956,  19-57. 
company,  §  1962. 
on  retired  list,  §  1973. 
examination  by  examining  board,  §  1974. 
of  regiment,  field.  §  1984. 
such,  how  elected.  §  1985. 
staff,  regimental.  §  1990. 
staff  of  colonel  and  ma.ior,  §  1990. 
staff  of  major-general,  §  2006. 
staff  of  brigadier-generals,   §  2007. 
what,  to  establish  schools  of  instruction,  §  20.30. 


1168  Index. 

NATIONAL  GUARD— Continued. 

duty,  on  being  called  to  actual  service,  §  2042- 

2044. 
election,  on  call  ,to  actual  service,  §  2045. 
election,  by  drafted  men,  §  2052. 
duration  of  commissions,  in  actual  service,   § 

20G0. 
vacancies  occuiTiug  in  actual  service,  §§  2061, 

2062. 
promotion  in  actual  service,  2063. 
pay,  §§  2065,  2066. 

what,  may  appoint  courts-martial,  §  2070. 
punished  by  courts-martial,  §  2078. 
action  of.  on  court-martial  not  to  cause  liabil- 
ity, §  2081. 
I'arades.    See  Drills  and  Parades. 
Eegiments — 
musters,  §  1972. 
of  infanti-y,  §  1982. 
of  cavaliT,  §  1983. 
field-officers,  §  1984. 

mode  of  election  of  such,  §§  1985.  1986. 
chaplains.  §  1991. 
drum  corps,  §  1992. 
bands,  §  1993. 
drills,  §§  2022,  2025. 
Regulations.     See  Laws  and  Regulations. 
Sanitai-y  Corps- 
sanitary  corps,  §  2009. 
surgeon  of  sanitary  corps,  §  2009,  sub;  5. 
Signal  Corps — 
signal  corps.  §  1980. 
NAVAL  BATTALION,  of  what  composed.  §  1962, 
sub.  7,  et  seq. 
organization,  duties,  etc.,  §  1962,  sub.  8  et  seq. 
establishment   of  and  attachment  to   national 
guard,  p.  1047. 
NAVIGABLE  STREAMS,  public  ways,  §  2.348. 
enumerated,  §  2.349. 
penalty  for  felling  trees  into.  §  2350. 
Napa  creeks,  S  2.351. 

bridges,  how  constructed  over,  §§  2875.  2877. 
NAVIGATION,  steamers  meeting,  §  2360. 


ludex,  11G9 

NAVIGATION— Contiuued. 

landing     and  receiving     passengei's  by   small 
boats,  §  2361. 

lines  used  for  landing  not  to  be  drawn  by  ma- 
chinery, §  2362. 

engine  to  be  stopped,  §  2363. 

boats,  oars  and  signals,  §  2364. 

steamers  overtaldng,  §  2365. 

steamers  to  hoist  signals  at  night.  §  2366. 

penalties  for  violating,   §§  2366,  2367. 

vessels  at  anchor  to  show  lights,  §  2368. 

no  recovery  for  collision  in  case  of  neglect,   § 
2369. 

rafts  on  Sacramento  and  San  Joaquin  rivers,  § 
2370. 

vessels  to  carry  what  bo'ats,  §  2371. 

penalties.  §  2372. 

racing,  §  2373. 

inspectors  to  supervise  and  direct  such,  §  237.3. 

steamers  to  cari-y  spark-catchers.  §  2374. 

compensation  of  inspectors,  §  2376. 

neglect  of  duty  and  penalty,  §  2377. 

owner  liable  for  master's  or  engineer's  penal- 
ties. §  2378. 

penalties,  how  recovered,  §  2379. 
NEGLIGENCE,     collision     of  steamers     from.   § 
2369. 

spark-catcher  on  steamers,  §  2377. 

liabilitv  on  assessor's  bond  for  taxes  lost  by,  § 
3660. 

in  paying  moneys  by  tax  collector,  penalty,  § 
87.54. 
NEVADA  COUNTY,  legal  distances  from  county 
seat,  §  175. 

boundaries  and  county  seat,  §  .3928. 

treasiu-er,     when     to    settle  with  controller,  § 
3866. 

salary  of  county  Judge,  §  4329. 

salary  of  district  attoruev,  §  4380. 
NEW-YEAR'S  DAY  a  holidav,  §  10. 
NIGHT-TIME,  defined,  §  3260. 
NON-RPiSIDENT,  insane,  not  admitted  to  asylum, 
§  2199. 

ijuisanco  on  property,  how  abated,  §  3028. 


1170  Index. 

NORMAL  SCHOOL.     See  Schools. 
NOTARIES  PUBLIC,  number,  791. 

qualifications  of,  §  792. 

tei-ui  of  offi<;-e,  §  793. 

general  duties,  §  794. 

protests  by,  §  795. 

records  of,  on  death  or  resignation,  §  796. 

certified  copies  of  records  of  predecessor,  §  797. 

fees,  §  798. 

bond,  §  799. 

certificate  of,  filing,  bond  and  oath  of,  §  800. 

liabilities  on  oftifial  bond,  §  801. 

San  Francisco,     appointment   of   notary  in  far 
Presidio,  p.  1050,  Stat. 
NOTICE  of,  contesting  election  to  legislature,  how 
served,   §  276. 

of  removal  of  state  otfl'cers,  §  997. 

primary  election,  §  1359. 

sale  of  wrecked  pi^operty.  §  2416. 

of  wrecked  property.  §  2417. 

expense  of  such,  §  2418. 

of  sale  of  wrecked,  etc.,  vessels  by  port-ward- 
ens. §  2509. 

to  remove  obsti-uctions  from  highways,  §  2744. 

on  bridges,  and  penalty    for    disregarding,  §§ 
2754,  2938. 

of  defect  in  toll-road.  §  2827. 

of  petition  to  construct  toll-bridge  or  ferrv.  § 
2844. 

of  petition  to  construct  toll-bridge.  §  2870. 

to  construct  whai-ves,  piers,  etc.,   §   2908. 

to  delinquent  purchasers  of  state  land,  §  3547. 

of  meeting  of     supervisors  to  equalize  assess- 
ments,  §  3654. 

tax  collector  to  publish  certain.  §  3746. 

such  to  specify  what,  §§  3747-8748. 

publication,  §  3749. 

of   sale  of  propertv   for  delinquent   taxes,    §§ 
3765,  3767. 

of  sales  of  personal  property  for  taxes,  §  3792. 

amendment  to  delinquent  list,  §  3882. 

result  of  election  for  removal  of  county  seat. 
§  3982. 


Index.  1171 

NOTICE— Continued. 

order  fixing  additional   meetings   of   supervis- 
ors, §  4033. 
public,  how  promulgated,  §  4079. 
of  redemption  of  interest-bearing  warrants,   § 

4150. 
defined,  §  4175. 

county  clerk  tO'  issue  legal,  §  4204. 
certain,  to  be  recorded,  §  4285. 
of  first  municipal  election,  4367. 
NUISANCE,  certain,  abated    on  recommendation 

of  board  of  health,  §  3028. 
OATH,  defined,  §  17. 

to  be  taken  by  members  of  legislature,  §§  238, 

239. 
entered  on  journals.  §  240. 
what  ofiicers  of  legislature  may  administer,   § 

252. 
contestant  of  election  must  verify  statement 

by,  §  274. 
notary  public,  §  800. 
commissioner  of  deeds,  §  814. 
of  offife,   form.   §   904. 

of  governor  and  lieutenant-governor,  §  905. 
members  of  legislature,   §  906. 
of  office,  when  taken,  §  907. 
before  whom  taken,  §  908. 
where  filed,  §  909. 
of  deputies,  §  910. 
who  may  administer,  §  1028. 
by  officer  of  election  board,  §  1146. 
school  officers  may  administer,  §  1873. 
of  officers  and  members  of  national  guard,  §§ 

1921,  1940. 
of  pilots,  §  2431. 
road  commissioners,  §  2784. 
to  certain  passengers  arriving  in  state,  §  2951. 
health-offiter  may  administer,  §  3031. 
members   and   clerk  of  board  of  equalization 

may  administer,  §  3699. 
to  tax  collector,  §  3798. 
supervisors  may  administer,   §  4118. 
county  officers  may  administer,  §  4118. 


1172  Index. 

OFFICE,  effect  of  code  upon  certain,  §§  6,  7. 
eligibility  to  hold,  §§  58,  59. 
term  of  certain  appointees.  §  369. 
terms  of  deputies,  etc.,  §  371. 
Avho  are  disqualified,  §§  841,  843. 
women  eligible  to  educational,  §  841. 
term,  when  not  fixed  by  law,  §  878. 
when  contested,  salary  not  to  be  paid,  §  936. 
proceedings  where  contested,  §  937. 
vacancies,  §  996. 

vacancies,  how  filled,  §§  998-1003. 
hours,  §  1030. 

vacancy  in  county,  how  filled,  §  4066. 
eligibility  to  county,  §  4101. 
eligibility  to  township,  §  4102. 
consolidation  of  county,  §§  4105-4107. 
of  certain  county  ofli'cers  to  be  at  county  seat 

and  open  when.  §  4116. 
OFFICERS,  seal  of,  defined,  §  14. 
peace,  defined.  §  17. 
acts   authorizing   city   aud    county    to   appoint 

subordinate,  preserved.  §  19. 
public,  how  classified,  §  220. 
of  senate.  §  245. 
of  assembly.  §  246. 
reports,  when  to  be  made,  §  332. 
distribution  of  reports,  §  335. 
who  are  civil  executive,  §  343. 
appointed  by  governor,  §  368. 
term  of  such,  §  369. 
itemized  account  of  expenditures,  §  424. 
no  county  ofii'cer  to  act  as  deputy  of  another 

in  same  county,  §  843. 
certain,  to  reside  at  Sacramento,  §  852. 
absent  from  state,  §  853. 
appoiutmeut.  §  875. 
deputies  and  subordinate,  §  87Gi, 
term  of  offiice.  §  878. 

miist  hold  imtil  successor  qualifies.  §  879. 
who  commissioned  by  governor,  §  891. 
form  of  commission.   §§  892,  893. 
oath.   §   904. 
oath,  when  taken,  §  907. 


Index.  1173 

OFFICERS- Continued. 

before  whom  taken,  §  90S. 
where  filed,  §  909. 

certain,    not  to   be  interested   in   certain   con- 
tracts, §  920. 
not  to  be  purchasers,  etc.,  at  certain  sales,   § 

921. 
certain  contracts  made  by,  voidable,  §  922. 
certain,  prohibited  fi'om  dealing  in  scrip,  §  923. 
duties  of  auditing-,  §  924. 
duties  of  disbursing,  §§  925.  926. 
salaries,  when  title  contested,  §§  936,  937. 
proceedings  where  title  contested,  §  937. 
resignations,  to  wliom  made,  §  99.5. 
possession  of  books  and  papers,  §  1014. 
seals  of  executive,  §  1026.. 
what,  may  administer  oaths,  §  1028. 
salaries,  §  1029. 

must  keep  what  ottice  hours.  §  10.30. 
signature  of  ex  officio.  S  1031. 
records  of,   §  1032. 
of  election,  how  compensated,  §  1072. 
certain,  declared  debtors  for  certain  purposes, 

§  3849. 
serving  subpoenas,  when  not  to  be  prepaid,  § 

4069. 
of  county,   not  to     present     certain  claims,    § 

4071. 
number  of  deputy  county,  S  4112. 
deputy  county,  how  appointed,  §  4113. 
powers  and  liabilities  of  deputy,   §  4114. 
pledge   by    candidate    for,    a   misdemeanor,    p. 

1051.  Stat, 
soliciting   candidate     for,   a   misdemeanor,    p. 

1051,  Stat, 
intoxication  of  officer   as    forfeiture  of  offltee. 

See  Penal  Code,  Appendix,  p.  586. 
removal  of  grounds  for,  p.  1056,  Stat, 
removal,  proceedings  for,  p.  1056,  Stat, 
preference     in  purchase     of  supplies,  §§  3247, 

3249. 
officer  retaining  part  of  salaiy  of  deputy  Is  a 

felony.     See  Tenal  Code,  Appendix,  p."  586. 


1174  Index. 

OFFICEES— Continaed. 
City- 
fees,  to  be  prepaid,  §  4332. 
term  of  office.  §  4369. 
elective,   §  4370. 
absence  or  removal,  §  4373. 
oath  and  bonds,  §  4374. 
executive,  §  438.5. 

See   Municipal  Corporation   Bill. 
County- 
enumerated.  §  4103. 
elections.  §  4109. 
vacancies.  §  4115. 
office  at  county  seat,  §  4116. 
residence  at  couuty  seat,  §  4117. 
Townsliip — 
qualifications.  §  4102. 
enumerated.  §  4104. 
TV'hen  to  be  elected.  §  4109. 
Bonds  of.     See  Bonds. 
Military.     See  National  Guard. 
Of  State  Prison.     See  Prison  of  State. 
OMISSIONS  in  assessment-book,  how  remedied.  § 
3881. 
in  delinquent  list,  bow  remedied.  §  3882. 
amendments  of.     See  Amendments. 
ORCHARDS,  toll-roads  through,  §  2790. 
ORDINANCE,  city.  §  4414. 

jurisdiction  for  violating,   §  4427. 
OUNCE  defined.  §  3215. 

OVERSEERS,  acts  creating  and  regulating  water, 
preserved.  §  19. 
road.     See  Roads  and  Highways. 
OYSTERS,  act  concerning,  preserved.  §  19. 
PAPER,    election,    secretary   of   state   to   keep.    § 
1196. 
election,  to  be  furnished  on  application.  §  1196. 
PAPER-FOLDERS,  number  for  senate,  §  245. 
number  for  assembly.  §  246. 
how  elected.   §   247. 
PACIFIC  RAILROAD  FUND,  amount  raised  for, 

§  3713. 
I* AGES,  number  for  senate.  §  245. 
number  for  assembly,  §  246. 


Index.  1175 

PAGES— Continued. 

liow  elected,  §  247. 

compensation,  §  268. 
PARADE.     See  National  Guard. 

militaiT  companies,  right  of  to  parade,  §  1942. 
PARDON,  applications  to  be  registei'ed,  §  382. 
PARKS,  acts  relating  to.    See  General  Laws,  title, 
"Parks." 

public.    See  Municipal  Corporation,  Bill;  Execu- 
tive Departments. 
PARTITION,  decree  to  be  recorded,  §§  4238,  4239. 
PASSENGERS,  how     landed     and     received     on 
steamers,  §  2861. 

oath  administered  to  certain,  §  2951. 

of  infected  vessels,  not  to  be  landed,   §§  3013, 
3014,  3019. 

of  infected  vessels,  may  be  vaccinated,  §  3021. 

hospitals  may  be  provided,  §  3022. 
PATENTS,  LAND,  record  of.  §§  3395,  3405. 

to  be  noted  on  plats,  S  3.397. 

swamp  and  overflowed  lands,  when,  §  3477. 

register  to  prepai-e,  §  3519. 

how  executed,  §  3520. 

not  until  one  year  after  approval  of  survey,  § 
3521. 

to  deceased  persons,  §  3523. 

for  university  lands,   §  3534. 

holder  may  be  repaid  in  certain  cases,  §§  3571, 
3572. 
PAUPERS,  custody  and  restraint  of,  §  37. 
PAWNBROKERS,  license,  §  3380. 
PAYMENT,   for  swamp  and  overflowed  lands,    § 

3440. 
I        of  assessed  charges  for  reclamation.  §  3465. 

on  swami)  lands  held  tive  years,  §  3485. 
I        for  school  land,  when,  §  3494. 

certain  land  warrants  may  be  given  in,  §  3502. 

for  state,  how,  S  ,3512. 

failure  to  worlc  forfeiture,  §  3513. 

of  taxes,  time  and  place,  §§  3746-3748. 

of  taxes,  date  to  be  marked  by  collect  or,  §  3750. 

receipt  to  be  given,  §  3751. 

on  e.state  of  decedent.  5  3752. 


1176  ludex. 

PAYMENT— Continued. 

by  tax  collector  to  county  treasurer,  §  3754. 
of  taxes,  entitles  person  to  certificate,  §  3776. 
by  assessor  to  county  treasurer,  §  3826. 
into  state  treasury     by  county  treasurers,   §§ 

3865-3867,  3872. 
of  taxes,  in  what  coin,  §  3888. 
PEACE-OFFICER  defined,   §  17. 
PEDDLERS'  license,  §  3.3S4. 

PENSIONS,  county  clerk  to  take  affidavits  in  pen- 
sion claims  without  charge,  p.  960,  Stat, 
members  of  fire  department,  pensions  for,  p. 
1021,  Stat. 
PEOPLE,  sovereignty,  resides  in,  §  30. 

original  and  ultimate  title  to  property.  §  40. 
property  without  owner  belongs  to,  §  41. 
who,  §  50. 
PER  DIEM.     See  Salaries. 
PERSON  defined,  §  17. 
right  of  state  over,  §  37. 
rights  of.  §  54. 
PERSONAL  PROPERTY.     See  Property. 
PERSONS   OF  UNSOUND  MIND,   custody  of,    § 
37. 
cannot  vote,  §  1084. 
PETITION  to  change,  alter,  or  discontinue  road, 
§  2681. 
to  show  what,  §  2682. 
to  construct  toll-road,  §  2779. 
when  unnecessai-y.  §  2789. 
to  construct  wharf,  chute,  or  pier,  §  2906. 
to  contain  what.  §  2908. 
for  reclamation  district,    §§3446,   3447. 
copy  to  whom  sent.  §  3448. 
proceedings,  approval.  §  3449. 
where  recorded.  §  3450. 
for  removal  of  county  seat.  §§  3976.  3977.  .3985. 
for  appointment  to  fill  vacancy  by  supervisors, 
§  4066. 

PHONOGRAPHIC    REPORTERS.      See    Report- 
ers. Phonographic. 
PHRASES.     See  Words. 
PHYSICIANS  of  insane  asylum.  §  2165. 
term  of  office,  §  2166. 


Index.  1177 

PHYSICIANS— Continued. 

general  duties,  §  2167. 

senior  assistant,  duties,  §  2168. 

salaries  of  assistant,  of  insane  asylum,  §  2169. 

to  testify  on  examination  of  insane,    §§  2212, 
2213. 

to  give  certificate  of  insanity,  §  2215. 

how  to  make,  §  2216. 

fees,  §  2222. 

restrictions  on  business  of,  of  insane  asylum, 
.     §  2196. 

residence,  §  2195. 

for  San  Francisco  board  of  liealtli,  §  3005. 

liealth-offlcer  of  San  Francisco,  §  3007. 

returns  of  births,  deaths,  and  stillborn,  §  3024. 

certificates  as  to  cause  of- death,  §  3025. 

for  Sacramento  board  of  health,  §  3044. 

tO'  keep  register  of  births,  §  3075. 

register  of  deaths,  §  3076. 

to  report  registry  to  recorder,  §  3077. 

dead  bodies,  to  dissect.  §§  3093.  3094. 

requisites  before  receiving  dead  bodies,  §  3095. 
PIECE  CLUBS,  prohibited,  p.  1014. 
PIEIIS.     See  Wharves,  Chutes,  and  Piers. 
PILOTAGP:,  vessels,  owner,  etc..  liable,  §  2432. 

monthly  account,  §  2460. 

certain,  to  be  agreed  upon,  §  2465. 

rates.  §  2466. 

of  outward-bound  vessels,  §  2467. 

vessels  exempt  from.  §  2468. 

for  Humboldt  bay  and  bar.  §  2489. 

and  half  pilotage,  linbilitv  to,  §  2468. 
PILOT  COMMISSIONERS,  regulations,  §  2436. 

to  appoint  pilots.  §  24.30. 
San  Francisco,  Mare  Island,  and  Renicia— 

num1)er.  §  .343. 

liow  ar)pointed.  §§  368.  2440. 

term  of  ofliicc.  §§  369.  2442. 

lyoards  to  organize,  meetings.  2443. 

powers  of  president.   §  2444. 

powers  of  boards,  §  2445. 
'   secretaries  of  boards  and  records,  §  2446. 

not  to  bo  interested  in  pilot-bnats,   §  2447. 
Pol.  Code— 99. 


1178  Index, 

PILOT  COMMISSIONERS— Continued. 

to  examine  and  license  pilots,  §  2457. 

may  revoke  license,  §  2461. 

complaints  against  pilots,  §§  2463,  2464. 
San  Diego — 

number  of  for,  and  regulations,  p.  1058. 
Humboldt  Bay  and  Bar- 
number,  §  343. 

appointment,  §  368. 

term  of  office,  §§  369,  2442. 

how  appointed,  §  2441. 

organization  and  meetings  of  board,  §  2443. 

powers  of  president,  §  2444. 

powers  of  boards,  §  2445. 

secretaries  of  boards  and  records,  §  2446. 

not  to  be  interested  in  pilot-boats,  §  2447. 

to  appoint  and  remove  pilots,  §  2476. 

to  malve  rules,  §  2477. 

to  recover  for  forfeitures,  §  2482. 

compensation,   §  2483. 

claims  against,  §  2491. 
PILOTS,   number  in  each  harbor,   §  343. 

when  appointed  by  governor,   §  368. 

term  of  office,  §  369. 

qualifications,   §  2429. 

commissions  and  license,  §  24.30. 

oath  and  bond,  §  2431. 

liability  for  pilotage.  §  2432. 

to  be  compensated  for  loss,  §  2433. 

to  show  commission  or  license,  when,   §  2434. 

carried  to  sea  or  detained,  §  2435. 

for  other  ports  than   San  Francisco,   Mare  is- 
land, Benicia,  and  Humboldt  bay,   §  2436. 

further  duties,   §  2437. 

violating  regulations,    §  2438. 

acting  without  license,  §  24.39. 

who  to  examine  license,  §  2457. 

steam  tug-boat  license,  §  2458. 

duty  of,  to  arrest,   §  2459. 

monthly  account  of  pilotage,  §  2460. 

license  may  be  revoked,  §  2461. 

causes  for  revoking  license,  §  2462. 

complaint  against,  §  2463. 

hearing  on  revocation  of  license,  §  2464. 


Index.  1179 

PILOTS— Continued. 

review  of  decision  of  commissioners,  §  2464. 

superior    court's    jurisdiction    over    action    of 
commissioners,    §  2464. 

pilotage  to  be  agreed  upon,  §  2465. 

rates  of  pilotage,   §  2466. 

pilotage,  outward-bound,  8  2467. 

vessels  exempt  from  pilotage,   §§2467,  2468. 

w^hen  two  pilots  offer,  §  2469. 

bringing  in  vessel  entitled  to  take  out,  §  2470. 

of  Humboldt  bay  and  bar.   §  2476. 

government  of  such,  §§  2476-2491. 

attached  to  steamboats.  §  2478. 

having  priority,  §  2479. 

pilotage  of  such,  §  2480.  . 

responsible  for  loss  of  vessel,  §§  2481,  2487. 

commissioners  to  recover  forfeitures,  §  2482. 

regulations  of  Humboldt  bay  and  bar,   §  2485. 

forfeiture  of  license.  2486. 

exti-a  services,  §  2488. 

full  pilotage,  §  2489. 

further  fees,  §  2490. 

duty,  where  vessel  infected,   §  3015. 

establishment  and  regulations  in  San  Diego. 
p.  1058.  stats. 

San  Pedro,  pilots  in,  p.  1058,  Stats. 
PITT  KIVER.  act  relative.  §  642. 
PLACER  COUNTY,  legal  distances  from  county 
seat,  §  176. 

boundaries  and  county  seat,  §  3924. 

treasurer,    when   to     settle   with    controller,    § 
,3866. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney.  §  4330. 
PLAINS,  judges  of.    See  .Judges  of  the  Plains. 
PLATS,  by  i-egisters  of  state  land-offices.  §  3396. 

certificates  of  purchase  and  patent  noted  on.  § 
3397. 
PLEDGP:,   to  whom  assessed,    §  .3887. 
PLUMAS  COUNTY,  legal  distances  from  county 
seat,  §  177. 

boundaries  and  county  seat,   §  3920. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 


IISO  ludex. 

PLURALITY,  of  votes,  elects,  §  1066. 
PLURAL  NUMBER  includes  singular,  §  IT. 
POLICE,  appointment  of  officers  in  cities  of  first 
class,  p.  iO.oS,  Stat. 

salaries  of  officers   in   cities   of  first   class,   p. 
1058,  Stat. 
POLICE  COURTS.    See  Judges. 

acts  relating  to.    See  General  Laws,  title  Po- 
lice Courts. 
POLITICAL  CODE.     See  Codes. 
POLL-LISTS.     See  Election. 
POLLS.     See  Election. 
POLL-TAX,  militiamen  exempt  from,  §  1936. 

employers  responsible  for,  taxed  to  employees, 
§  2671. 

as  general  taxes.     See  Taxes. 
POPUIiATION,  counties  classified     according  to, 

§§  4006,  4007. 
PORTERS  of  senate  and  assembly,  §  247. 

number  for  senate.  §  245. 

number  for  assembly,  §  246. 

compensation.    §    268. 
PORT- WARDENS  for  San  Francisco,  number,  §§ 
343,  2501. 

for  San  Francisco,  appointment,  §  368. 

for  San  Francsco,  term  of  office,  369. 

board  for  San  P'rancisco,  §  2502. 

duty,  §  2504. 

surveys,  and  what  to  set  forth,  §  2505. 

may  call  assistance.  §  2.506. 

sales  of  wrecliS,  vessels,  etc.,  §  2507. 

notice  of  sale,  §  2508. 

not  to  be  connected  with  insurance.  §  2509. 

penaltv  for  acting  as.  unlawfully,  §  2511. 
POSTMASTER  of  senate,  §  245. 

of  assembly,  §  246. 

how  elected.  §  247. 

compensation.  §  268. 
POUND,  divisions  of.   §  .3215. 
PRECINCTS.  ELECTION.     See  Election. 
PRESIDENT  PRO  TE:M.  OF  SENATE.     See  Leg- 
islature. 
PRESIDENTIAT;   ELECTORS.     See  Election. 


Index.  1181 

POWEIIS  of  counties,  §§  4000,  4003. 

of  counties,  liow  exercisefl,  §  4001. 

of  supervisors,  §  4046. 

mayoi-,  §  4386. 

common  council,  §  4408. 
PREFERENCE,  purchase  of  supplies,  preferences 

in,  §§  3247,  3249. 
PRIMARY  ELECTIONS,  law    governing,   p.  986, 

Stat. 
PRINCIPAL  of  normal     school,   how     elected,    § 
1489. 

of  normal  school,  annual  report,  §  1501. 

of  normal  school,  to  attend  county  institutes,  § 
1502. 
PRINTING  included  in  "writing,"  §  17. 

expert.     See  Expert. 
PRINTING  OF  STATE,  reports  of  offi'cers,  when, 
§  333. 

number  of  each  report,  §  334. 

reports  in  English.   §  .336. 

election  and  term  of  offit-e,  §  349. 

governor  to  deliver  reports,  §  380. 

copies  of  laws,  from  secretary  of  state,  §  408. 

superintendent  of  state  printing,  duties,  §  526. 

number  of  documents  printed,  §  527. 

number  of  laws,  printed  and  disposition,  §  ."28. 

in  what  manner,  §  529. 

election,    qualifications,   and   bond   of   superin- 
tendent,   §   530. 

duties  of  superintendent,   §  531. 

duty  in  regard  to  text  books,  §  1877. 

deputy  to  state  printer,  §  534. 

paper,  how  supplied,  §  532. 

ruling,  folding,   binding,  etc.,  533. 

salary  of  superintendent,  §  534. 

appropriations.  §§  5.35,  .5.36. 

payment  of  wages  and  salaries.  §  537. 

charts,  maps,  diagrams,  engravings,  etc.,  §  .538. 

rejioi-t  of  superintendent  to  board  of  examiners, 
§  538. 

payment  of  employees,  §  538. 

volumes  of  supreme  court  reports  to  be  printed, 
§  778. 


13.S2  Index. 

PRINTING  OF  STATE— Continued. 

printer  to  reside  at  Sacramento,  §  852. 

school  printing  and  binding,  §  1877. 

printing  copy  of  bill  to  be  used  for  engrossed 
bill,  §  539. 

printing,  delivering  and  connecting  bills,  §  539. 

enlargement  and  improvement  of  office,  p.  1064, 
Stat. 

acts  relating  to  public  printing,  p.  1064. 
PRISON  OF  STATE,  acts  in  reference  to  branch, 
preserved,   §  19. 

directors'  report,  when  made,  §  332. 

number  of  copies  of  report  printed,  §  334. 

distribution  of  report.  §  335. 

number,  §  343. 

Avho,  §  367. 

duties  of,  §  711. 

list  of  persons  confined,   §  382. 
PRIVATE  SECRETARY  of  governor,  to  indorse 
legislative  bill.  §  309. 

appointment  and  term  of  office,  §  370. 

salary,   §  385. 
PRIVATE   STATUTES,  how  affected  by  code,   § 

18. 
PROCESS  defined,   §  17. 

in  name  of  people,  §  30. 

right  to  serve  on  certain  territory.  §  34. 

right  to  enforce  service,   §  37. 

service  on  corporations.  §  616. 

issued  by  courts-martial,  §  2084. 

defined,   §  4175. 

by  whom  served,  §  4176. 

how  returnable.  §  4177. 

return,  evidence,  §  4178. 

penalty  for  not  returning.   §  4179. 

when  sheriff  justifled  in  executing,  §  4187. 

officer  to  exhibit.  §  4188. 

service  on  sheriff,  §  4190. 

coroner,  when  to  execute,  §  4191. 

elisors,  when  to  execute.  §  4192. 

county  clerk  to  issue.  §  4204. 

service  bv  constables,  §  4314. 
PROCLAMATION.     See  Election. 


Index.  1183 

PKOOF  of  lost  property,  §  3142. 

ou  trial  of  delinqueut  for  licenses,  §  33G2. 
PROl'ERTY  defined,  §  17. 
real,  defined,  §  IT. 
personal,  defined,  §  17. 
original  and  ultimate  title  to,  §  40. 
Avhen  escheats,  §  41. 
state,  how  may  acquire,   §§  43,  44. 
Real- 
defined,  §  17. 
delinquent  tax  on  personal,  added  to  tax  on,  § 

3764. 
notice  of  sale,  for  delinquent  taxes,  §  37G5. 
sold  for  delinquent  taxes,  §  3778. 
redemption  of,  sold  for  taxes,  §§  3780-3782. 
tax  collector  may  not  allow  sale  of,  in  certain 

case,  §  3806. 
sold'  for  taxes,  misnomer  not  to    invalidate,  § 

3807. 
duty  of  assessor  when  tax  on  personal,  not  a 

lien  on,  §  3820. 
abbreviations  in  assessing,  §  3884. 
counties  may  purchase,   §  4003. 
instruments  affecting,  to  be  recorded,  §  4238. 
survey  of  disputed,   lying  in  two  counties,   § 

4270. 
I'ersonal — 
defined,  §§  17,  3617. 
consigned,  how  assessed,   §  3638. 
tax  on  what  lien,  §  3717. 
delinquent  tax  added  to  tax  on  real  property,  § 

3764. 
seized  and  sold  for  taxes,  §  3790. 
sale  at  public  auction,  §  3791. 
.sale,  when,  §  3792. 
fees  of  collector  for  sale,  §  3793. 
remaining  unsold,  §  3795. 

assessed  in  one  county,  effect  where  owner  re- 
moves to  anotiier,  §  3808. 
assessor  to  collect  taxes  on,  §  3820. 
assessor  to  seize  and  sell,  §  3821. 
seizure  and  sale,  how  conducted,  §  3822. 
assessor,  governed  how,  as  to  rate.  §  3823. 


nS4  Index. 

PROPERTY— Coutiuiied. 

excess  at  sale  how  disposed  of.  §  3824. 

deficiency  at  sale  how  collected,  §  3825. 

incumbents  to  collect  tax,  §  3830. 

poll-tax  lien  on.  §  .3846. 

purchased  and  held  by  counties,  §  4003. 

found  on  dead  body,  how  disposed  of,  §§  4158- 
4160,  4287. 
Lost- 
duties  of  finder.  §  3136. 

appraisement.  §  3137. 

list  of  appraisers.  §  3138. 

finder  to  advertise,  §  3138. 

where  owner  not  found  in  six  months,  §  31.39. 

findei-  to  restore.  §  3140. 

owner  may  sue  for,   §  3140. 

finder  failing  to  make  discovery,  §  3141. 

proof  of,  §  3142. 
Unclaimed— 

in  possession  of  can-iers,   §  3152. 

sale,  §  31.53. 

proceeds  of  sale,  §  3154. 

carrier's  responsibility,  when  ceases,   §  3155. 

on   which  advances  have  been   made,   .sold.    § 
3156. 

fees  of  officers,  §  3157. 

what,  sub.iect  to  taxation.  §  3607. 

assessed  at  full  cash  value,  §  .3627. 

assessor  to  make  list  of,  subject  to  taxation.  § 
3628. 

statement  of,  given  to  assessor,  §  3629. 

value,     where  party     refuses  to  render  state- 
ment:, §  3633. 

of  absent  or  unknown  owner,  how  assessed.  §§ 
3635.  3636. 

consigned,  how  assessed,  §  3638. 

partnerslup.  where  assessed.   §§  3641. 

of  corporation,  where  assessed.  §  3641. 

of  deceased  person,  to  whom  assessed.  §  3642.  j 

in  litigation,  to  whom  assessed.  §  3647.  ' 

willfully  concealed,  etc..  how  assessed.  §  3648. 

escaping    assessment    previous    yeai%  how    as- 
sessed,  §  3649. 

poll-tax,  lien  upon.  §  3860. 


Index.  1185 

PROTECTION  DISTRICTS.     See  General  Laws, 

title   '"Protection   Districts." 
PROTEST,  of  bill  of  exchange,  §  795. 
PUBLIC  BUILDINGS.     See  Buildings. 
PUBLIC    ADMINISTRATORS.      See     Municipal 
Corporation  Bill,  Stat, 
coroner,  when  to  act,  p.  1059,  Stat, 
supervisors,  when  to  appoint,  p.  1059,  Stat. 
PUBLICATION,  of  reports  of  state  officers,  §  334. 
of  statutes,  laws,  journals,  etc.,   §   528. 
by  insurance  commissioner,  when  company  in- 
solvent, §  600. 
of  names  of  commissioners  of  deeds,   §  816. 
notice  of  sale  of  wrecked  property,  §  2416. 
petition  for  formation  of  reclamation  districts, 

§  3447. 
delinquent  purchasers  of  state  land,   §  3547. 
notice  of  meeting  of  county  board  of  equaliza- 
tion, §  36.54. 
tax  collector's  notice.  §  3749. 
delinquent  list,  §  3764. 
notice  with  delinquent  list,  §  3765. 
how  made,  §  3766. 
to  designate  what,  §  3767. 
affi'davit  and  copy,  filed  Avith  whom,  §  3769. 
notice  of  sale  of  personal  property  seized  for 

taxes,  §  3792. 
amendment  to  delinquent  list,  §§  3882,  .3883. 
of  x-esult  of  such  election,  §  .3981. 
of  additional  meetings  of  supervisors,  §  4033. 
of  public  notices.   §  4079. 
of  redemption  of  interest-bearing  warrants,   § 

4150. 
of  notice  of  first  municipal  election,  §  4367. 
of  codes,  §  4494. 
PUBLIC  DEBT.     See  Citv  Indebtedness. 
PUBLIC  HEALTH.     See  Health. 
PUBLIC     LAND.      See    Lands,    Public,    General 

Laws,  tit.  "Lands  of  the  State." 
PUBLIC  MARKET,  act  autliorizing  maintenance 

of  in  San  Francisco,  i).  1040. 
PURCHASE  of  state    land  bv  United    States,  §§ 
33.  ^^ 


1186  Index. 

PURCHASE— Continued. 

of  state  lands,  application,  §  3406. 

of  swamp  lands,  applications,  §  3443. 

of  school  lands,  applications,  §§  349.5-3500. 

of  state  lands,  applications  made  valid,  §  3573. 
PURCHASER  of  swamp    and    ovei-flowed    lands, 

settlei*s  prefeiTed  for  six  months,  §  3442. 

subsequent,   of  swamp-lands,    rights,    §§  3469, 
3470. 

of  university  lands  delinquent,  §  3.536. 

of  state  lands  delinquent,  proceedings  against, 
§§  3546-3556. 

when  repaid,  §§  3571,  3572. 

of  personal  property  sold  for  taxes,  §  3794. 
QUALIFICATIONS  of  member  of  board  of  exam- 
iners, §  668. 

of  office-holders,  §§  841,  842. 

of  voters,  §  1083. 

secretary  to  board  of  regents,  §  1449. 

superintendent  of  insane  asylum,  §  2150. 

assistant  physicians  of  insane  asylum.  §  2165. 

principal  teacher  of  deaf,  dumb,  and  blind  asy- 
lum, §  2267. 

pilots.   §2429. 

supervisors,  §  4023. 

county  officers,  §  4101. 

district  and  township  officers,  §  4102. 

city  officers,  §  4370. 

police  liulse,  §  4424. 
QUARANTINE  grounds  of  San  Francisco,  §  3004. 

vessels  subject  to,  reported,  §  3013. 

vessels  not  to  land    passengers,  etc..    §§  3014, 
3019. 

duty  of  pilots.  §  .3015. 

failure  to  comply  witli  regulations,  §  3016. 

what  vessels  subject  to,  §  3017. 

examination  and  inspection  of  vessels,  §  3018. 

fees  of  health  officer,  §  3020. 

regulations  for  ports  of  entry,  •§  3059. 
QUORU]\r.  of  board  of  resents,  §  1430. 

of  common  council,  §  4406. 
RAFTS  on  Sacramento  and  San  Joaquin  rivers,  § 
2370. 

streams  navigated  bv.  how  bridged,  §  2877. 


Index.  1187 

RAILROADS,   act  in  relation   to  granting  subsi- 
dies presei'ved,  §  19. 

liigliways  crossing,  §  2694. 

assessment  of,  §§  3664-3071. 

street-cars,  liours  of  labor  on,    §§  3246,  3250. 
RATE    of   taxation    for    state    purposes,    §§  3696, 
3713. 

taxation  for  county  iiurposes,  §  3714. 

taxation  on  movable    personal    property,  how 
determined,  §§3823-3825. 
REAL  ESTATE,  term  defined.  §§  17,  3617. 
RECEIPTS,  person  paying  tax  entitled  to,  §  3750. 

blank  poll-tax,  county  ti'easurer  to  prepare,  §§ 
3841-3843. 

auditor  to  sign,  §  3844. 

person  paying  poll-tax  entitled  to,  §  3851. 

evidence  of  what,  §  3852. 

unused  poll-tax  returned,  §§3854-3856. 

for  moneys  paid  into  county  ti'easnry,  §  4147. 
RECLAMATION  DISTRICTS.     See  Land,  Public, 
subtit.  Swamp  and  Overflowed. 

acts  relating  to.    See  General  Laws,  tit.  Drain- 
age; Reclamation. 
RECORDER,  conveyances  for  right  of  way  filed 
with,  §  2712. 

franchise  of  whai'f,  chute,  and  pier  filed  with, 
§  2920. 

records  of    births,  deaths,  and    interments,   § 
3023. 

reports   of   births,    marriages,    and    deaths,  §§ 
3077,  3078. 

duty  of,  in  such  case,  §§  3079,  3080. 

fees  for  keeping  such  records,  §  3081. 

to  record  marks  and  brands,  §  3108. 

duties  concerning  recorded  brands,  §  3169. 

to  record  petition  for  formation  of  reclamation 
districts,  §  .3450. 

to  record  by-laws    of   reclamation    districts,  § 
3453. 

number  reclamation  districts,  §  3483. 

report  to  register  sales  of  certificate  of  pur- 
chase,  §  3516. 

fees  for  making  report.  §  3517. 


11.88  Index. 

RECOrtDER-  Continued. 

attend  sittings  of  county  boards  of  equaliza- 
tion,  §3678. 

collector  of  taxes  to  make  affidavit  and  file 
copy  of  publication  of  delinquent  taxes,  § 
3769. 

duty,  when  property  sold  for  taxes  redeemed, 
§  3784. 

county  clerk,  when  ex  officio,  §§  4105,  4106. 

when  ex  officio  auditor.  §  4106. 

office  at  county  seat.  §  4116. 

to  reside  at  county  seat,  §  4119. 

bonds.  §  4122. 

to  prociu-e  record-books.  §  4234. 

to  record  what,  §  4235. 

to  keep  indexes.  §  42.36. 

records  of  certificates  of  sale,  §  4237. 

to  record  decrees  of  partition,  §  4238. 

filing  copy,  to  impart  notice,  §  4239. 

two  or  more  indexes  in  same  volume,  §  4240. 

duty  on  receipt  of  instrument  to  be  i*ecorded, 
§  4241. 

superA'isors  may  authorize  hiring  of  deputy  by. 
when,  p.  957,  Stat. 

to  indorse  recorded  instruments,  §  4242. 

to  make  searches,  §  4243. 

liability,  for  neglect,  §  4244. 

fees  prepaid,  §  4245. 

records  open  to  inspection.  §  4246. 
RECORDS  in  governor's  office.  §  382. 

secretary  of  state,  custody  of  state.  §  407. 

secretary  of  state,  fee  for  searching,  §  416. 

of  notaries  public,  §  794. 

notaries  public,  disposition  of,  §  796. 

notaries  public,  certified  copies  of.  §  797. 

of  insurance  commissioner,  §  603. 

board  of  examiners,  §  656. 

officers,  §  1014. 

"record  of  official  bonds."   §  951. 

proceedings  to  compel  to  deliver  official,  §  1015. 

open  to  public  inspection,  §  1032. 

of  boards;  of  ])ilot  commissioners.  §  2446. 

port-wardens,  §  2505. 


Index.  118» 

RECORDS— Continued. 

births,  deaths,  and  interments  in  San  Fi-ancis- 
co,  §  3023. 

deaths  at  Sacramento,  §  3046. 

maiTiages,   §  3074. 

births,  §  3075. 

deaths,  §3076. 

duties  of  recorder  in  regard  to,  §§  3079,  3080. 

of  cemeteries,   §  3111. 

brands  and  marlvs,  §  3168. 

duties  of  recorder  respecting,  §  3169. 

ixriority    of,    establishing    priority  of    right,  § 
3172. 

penalty     for     using     unrecorded     marks     and 
brands,  §  3183. 

of  trademarks,  §  3198. 

secretary  of  fire  department,  §  3341. 

register  of  state  land-oifice  to  keep,  §  3395. 

surveyor-general  to  keep,  §  3405. 

of    petition,     to    form    reclamation     districts, 
§  3450. 

by-laws  of  reclamation  districts,  §  3453. 

sales  of  certificate  of  purchase,  §  3516. 

patents,  §  3522. 

state  board  of  equalization  to  keep,  §  3692. 

of  supervisors,  §§4030,  4031. 

of  supervisors,  public,  §  4035. 

books  for,  by  recorder,  §  4234. 

what  to  be  recorded,  §  4235. 

indexes  to,  §  4236. 

of  certificates  of  sale.  §  4237. 

decrees  of  partition.  §  42.38. 

open  for  inspection,  §  4246. 

recorder  to  make  searches.  §  4243. 
REDEMPTION  of  property  sold  for  taxes,  §  3780. 

how  effected,  §  3781. 

of  county  warrants,  §  4149. 
REOENTS  OF  TiNIVERSITY.    See  University. 
REGIMENTS.     See  Natioual  Guard. 
REGISTER  OF    STATE    LAND-OFFICE,  deputy 
and  number  of  clerks.  §  .343. 

surveyor-general  ex  otlicio,  §§  350,  497. 
Pol.  Code-100. 


1190  Index. 

REGISTER  OF  STATE  LAND  OFFICE— Coutd. 

deputy  surveyor-general  ex  ofEcio  deputy,   §§ 
350.  497. 

duties,  §  498. 

salary  abolished,  §  499. 

salary  of  clerks,  §  500. 

fees,  §  501. 

bond,  §502. 

to  keep  certain  accounts  and  records.  §  3395. 

must  keep  plats,  and  note  locations,  §  339(5. 

note  on  plats  issuing  of  certificates  or  patents, 
§  3397. 

countj-  treasurer  to  report  to,  §  3422. 

duty,  on  receipt  of  report,  §  3423. 

instructions  and  printed  forms,  §  3429. 

not  to    approve    survey  of    swamp-land    until 
land  segregated,  §  3441. 

duty,  on  petition  to  form  reclamation  district, 
§  3451. 

patent  for  reclaimed  lands,  §  3477. 

certificates  of  purchase  to  ti-ustees  of  reclama- 
tion districts,  §  3480. 

to  number  reclamation  districts,  §  3483. 

certificate  of  purchase,  §  3514. 

to  record  sales  of  certificates  of  purchase,   § 
3516. 

duplicate  of  lost  cetificate  of  purchase,  §  3518. 

to  prepare  patents,  §  3519. 

countersign  patents,  §  3521. 

recording  patents.  §  3521. 

furnish  statement  of  delinquent  purchasers,  S 
3546. 

duplicate  for  lost  or  defaced  land  warrants,  §§ 
3566-3569. 
REGISTER    OF    UNITED    STATES    LAND-OF- 
FICE, services  rendered  state,  §  3410. 
REGISTRATION.    See  Election. 
REMO'S'AL  of  officers,  S  997. 

of  owner  of  personal  property  assessed.  §  3808. 

of  county  seat,  petition.  §§  3976.  .3977. 

of  county  seat,  election.  §§  3979-3985. 

of  city  offiicer  elect,   §  4373. 

of  officers.    See  Officers. 


ludex.  1191 

REPEAL  affects  offi'cers,  bow,  §  7. 

of  certaiu  statutes,  §  18. 

of  laws,  at  any  time,  §  327. 

not  to  revive  former  laws,  §  328. 

of  laws  creating-  criminal  offense,  §  329. 

act  amending  repealed  act  void.  §  330. 

of  statutes,  §§  4504,  450.^). 
REPORTER     OP^      SUPREME     COURT     DECI- 
SIONS, salary.  §  739. 

justices  may  appoint,  §  767. 

general  duties,  §§  771-773. 

appoin'tment  of  deiJutv,  p.  1005,  Stat. 
REPORTERS.     PHONOGRAPHIC,     of     supreme 
court,  salary,  §  739. 

iustices  may  appoint,  §  769. 

duty.  §§  769.  770. 
REPORTS,  of  ofRieers,  when  made,  §  332. 

printing.  §  333. 

number  to  be  pinnted,  §  334. 

in  English,  §  ,336. 

governor  may  require  special,    §  380. 

of  superintendent  of  state  printing,  S  538. 

of  state  geologist,  §§  549.  5.54. 

of  board    of    examiners  to    legislature,  §§  663, 
667. 

board  of  regents.  §  1432.  ' 

principal  of  nm-mal  school.  §  1501. 

school  superintendents,  §S  1.543,  1544. 

harbor  commissioners.  §  2.542. 

of  road  vieAvers.  8  2686. 

proceedings  on,  ?  26SS,  2689. 

of  officers  of  roads  and  highways.  §  2686. 

of  bridge  or  ferry  owner.  §  2847. 

of  ship-masters  arriving  in  California,  5  2950. 

by  state  board  of  healtii,  §  2980. 

quarterly,  of  auctioneers,  §  ,3.310. 

pennlty  for  failing  to  make.  §3322. 

of  county  treasurer,  to  register  of  state  land- 
ofRce.   §  3422. 

duty  of  register  on  receipt  of.  §  3423. 

oif    Yosemite   valley   and    Mariposa    big    tree 
gi-ove.  §3586. 

of  state  board  of  equalization,  §  3692. 

county  auditor,  §  3869. 


1192  Index. 

REPOKTS— Continued. 

county  auditor  failing  to  malve,  §  3870. 

surveyors  surveying  disputed  county  bounda- 
ries, to  sui'veyor-general,  §  3970. 

county  treasurer,  to  supervisors,   §  4155. 

penalty  for  neglecting  to  make,  §  4156. 
REPORTS  OF  SUPREME  COURT,  how  distribut- 
ed, §4KI. 

how  made,  §§  771,  772. 

to  include  "^Ahat,  §  773. 

justices  to  supervise  publication,  §  774. 

niay  alter  proof-sheets,  §  775. 

style,  §  777. 

number  of  volumes,  §  778. 

to  be  publislied  by  contract.  §  778. 

advertising  for  proposals,  §  779. 

contract,  wliat  to  require,  §  780. 

distribution  of,  §  781. 

duty  of  secretary  of  state  when  proposals  re- 
ceived. §  782. 
REPRESENTATIVES.      See    Members    of    Con- 
gress. 
RESCUE,  liability  of  sheriff  for,  §  4183. 
RESIDENCE,  rule  for  determining,  §  52. 

allegiance  renounced  by  change  of,  §  56. 

of  inspector  of  gas-meters,  §  583. 

insurance  commissioner,  §  631. 

notary  public,  §  792. 

of  state  otficers,  §§  852,  854. 

challenge  at  election  for  nonresidence  in  state, 
§  1232. 

for  nonresidence  in  precinct,  §  1233. 

rules  for  determination  of,  at  election,  §  1239. 

termination  of,  liow  computed,  §  1240. 

rules  read  if  requested  at  election,  §  1241. 

of  secretary  of  board  of  regents,  §  1449. 

of  certain  military  officers,  §  1919. 

of  physicians  of  insane  asylum,  §  2195. 
RESICJNATION  of  notaries  public,  §  796. 

of  officers,  to  whom,  §  995. 

of  militarv  otficers,  §§  1926,  1928. 
RETIRED  LIST  of  national  guard,  §  1973. 
RETROACTIVE,  codes  not,  §  3. 


J 


Index.  1193 

RETURN,  sheriffs,  of  process,  §  4177. 
same,  wliat  evidence,  §  4178. 
failing-  to  make.  §  4179. 
RKVENUE.    See  Tnxes. 
REVIVOR,  repeal  does  not  operate  as,  §  IS. 
REWARDS  may  be  offered  by  governor,   §§380, 

1054. 
RIGHTS  vested,  not  affected  by  code,  §§  S,  18. 
RIFLE  PRACTICE,  act  defining  inspector's  du- 
ties, §2008. 
RIGHT  OF  WAY  acquired  by  establishing    high- 
ways, §  2631. 
proceedings  to  procure,  for  roads,  §  2681. 
acT'OSs  railroads,  ditches,  canals,  etc.,   §  2094. 
for  toll-bridges,  §  2855. 
foi"  toll-roads,  §  2787. 
for  wharves,  chutes,  and  piers,  §  2913. 
ROADS  AND   HIGHWAYS,  highways,  what,    §§ 
2618,  2619. 
expiration  of  high-ways,  §  2619. 
width  of  highways,  §  2620. 
vacation  of,  §  2623. 
record  of  proceedings    relating  to    roads    and 

highways,  §  2622. 
road  registei-,  §  2622. 
county  deemed  to  acquire  title  to  road,  when, 

§  2623. 
vacation  of,  §  2623. 

laboa*  performed  on.  compensation  fo'-,  §  2644. 
public  easement  acquired    by  establishing,    § 

2631. 
sidewalks  on.  §  2&32. 
trees  on  land  adjoining,  §  2633. 
trees,  right  of  adjoining  owner  to  plant,  §  2633. 
road  distiicts,  §  2641. 
supervisors    ex  ofBcio    road    commissioners,   § 

2641. 
road  overseers,  offi'ce  of  abolished,  §  2642. 
powers  and  duties  of  supervisors  with  respect 

to  roads,  §  2643. 
duties  of  road  commissioners,  §  2645. 
general  road  fund.  §  2651. 
contracts  in  violntion  of  act,  void,  §  2651. 


1194  ludex. 

ROADS  AXI>  HIGHWAYS— Contiuued. 

liabilitj'  of  supervisors  for  violating  act,  § 
2051. 

road  poll-tax,  §  2652.  * 

property  liigliway  tax,  §  265.3. 

same,  assessment  and  collection,  §  2654. 

taxes  to  be  expended  in  district,  §  2655. 

employer  responsible  for  employee's  road-tax, 
§2671. 

opening,  altering,  and  discontinuance  of  roads, 
§  2<)81. 

who  may  apply  for  change,  §  2681. 

petition,  what  to  contain,  §  2682. 

petitioners  must  give  bond,  §  2683. 

viewers  to  be  appointed,  §  26S4. 

qualifications  and  duties  of  viewers,  §  2685. 

report  of  viewers.  §  2686. 

compensation  of  viewers  and  surveyor,  §  2687. 

hearing  of  tlie  report.  §  2688. 

proceedings  on  approval  of  report,  §  2689. 

opening  of  roads.  §  2689. 

procuring  right  of  way,  §§  2689.  2690. 

acceptance  of  award,  §  2690. 

payment  of  expenses,  §  2691. 

private  roads,  §  2692. 

record  of  transfer  of  right  of  way.  §  269.3. 

railroads  and  ditch  crossings,  §  2694. 

removal  of  fences,  §  2695. 

land  to  pi-otect  road  from  streams,  acquiring 
of.  §2696. 

bridges  under  control  of  overseers.  §  2711. 

maintenance  of  public  bridges,  §  2711. 

when  county  may  aid  in  constructing,  §  2712. 

construction  and  repair  of  bridges.  §  2713. 

^  lien  one  overseer  fails  to  act,  who  may  re- 
pair.  §  2714. 

bridges  crossing  district  lines.  §  2714. 

when  supervisors  must  repair.  §  2715. 

failure  of  overseers  to  repair,  §  2715. 

semi-annual  meetings  of  supervisors.  §  2716. 

removal  of  encroachments,  §  2731. 

notice  to  remove,  §  2732. 

penalty  for  neglect.  §  2733. 


Index.  1195 

ROADS  AND  HIGHWAYS— Coutiuued. 

if  encroachment  denied,   action  for  nuisance, 
§  2734. 

if  eneroachmeut  not  denied,   Iiow  removed,    § 
2735. 

gate  alloAved,  where,  §  273G. 

penalty  for  leaving  open  gate  and  riding  off 
road,  §  273G. 

obstructing  or  injuring,  §  2737. 

water-sitorers   responsible    for    overflow   dam- 
ages, §  2737. 

ditches  across  public  roads,  duty  to  bridge  aad 
power  of  supervisors,  §  2737. 

bridges  over,  power  to  declare  public  property, 
§  2737. 

animals,  placing  near  highway  a  misdemean- 
or, §  2737. 

refuse,  placing  near  liighway  a  misdemeanor, 
§  2737. 

injuring  milestone  or  guide-post,  §  2738. 

penalty  for  not  removing  obstructions,  §  2739. 

removal  of  fallen  trees,  §  2740. 

cutting  down  trees,  §  2740. 

driving  over  bridges,  §  2741. 

destroying  shade  or  ornamental  trees,  §  2742. 

collection  and  ajjplication  of  penalties,  §  2743. 

notice  to  nonresidents,  §  2744. 

law  of,  §  2931. 

driver  addicted  to  intoxication,  §  2932. 

notice  to  employei*  of  driver's  intoxication,    § 
2933. 

horses  to  be  fastened  while  standing,  §  2934. 

penalties,  hcnv  and  by  whom  recovered,  §  2935. 

liabilty  of  oAvners  for  damage  done  by  drivers, 
§§  29.36,  2937. 

supervisors  to  encourage  planting  of  trees,  etc., 
O'U  public,  §  4080. 
Toll,  notice  and  application  to  construct,  §  2779. 

special  meeting  of  supervisors.  §2780. 

application,  §  2781. 

action   of  supervisors.    §  2782. 

commissioners,  how  ai)pointe(l.  §  2783. 

laying  out,  §  2784. 


119G  Index. 

ROADS  AND  HIGHWAYS -Continued. 

compensation,  map,  and  report,  §  2785. 

branches  and  extensions,  §  2786. 

acquiring-  lands,  §  2787. 

appropriation  of  damages  for,  §  2788. 

application,  when  unnecessary,  §  2789. 

orchards  and  gardens.  §  2790. 

bridging  streams.  §  2791. 

one  corporation  using  road-bed  of  another,  § 
2792. 

how  constructed.  §  2793. 

may  relay,  with  what,  §  2794. 

mile-stones  and  posts,  §  2795. 

guide-posts,  §  2796. 

inspection  certificate  and  completion,  §  2797. 

erection  of  gates,  etc.,  §  2798. 

abandonment,  §  2799. 

county  may  purchase,  §  2800. 

appraisement  and  award,  §  2801. 

persons  exempt  from  paying  tolls.  5  2814. 

encroachments,  how  removed,   §  2815. 

penalty.  §  2816. 

action  for  penalty  or  trespass,  §  2817. 

inspection  of,  §  2827. 

closing  gates,  and  penalty,  §  2828. 

defects  in,  to  be  reported,  §  2829. 

obedience  to  notice  and  requirement,  §  2830. 

fees  of  commissioner  and  overseei*.  §  2831. 

use  of.  for  toll-bridges,  §  2875. 
ROAD  POLL  TAX.  disposition  of,  §  2655. 
ROD  defined,  §  3212. 

RODEOS,  act  in  relation  to.  preserved,  §  19. 
RULE  of  law,  what.  §4466. 

statutes  and  constitution,  §  4467. 

of  decision,  common  law  of  England  is,  when, 
§  4468. 

when  laws  of  stnte  silent.  §  4468. 

of  construing  codes.  §  4478. 

as  to  laws  of  1872.  §  4479. 

of  construing  codes,  one  with  another.  §  4480. 

of  construing  conflicts  in  titles,  §4481. 

conflicts  in  chapters.  §  4482. 

conflicts  in  articles,  §  4483. 


Index.  1  lii'i 

RULE— Contiuued. 

conflicts  in  sections,     §  4484. 

of  repeal  of  statutes,  §  4504. 
RULES  AND  REGULATIONS  of  boards  of  ex- 
aminers, §  6.57. 

of  national  gnard,  §§  1939,  20G4. 

of  courts-martial,  §  2077. 

courts  of  inquiry,  §  20S3. 

state  boai'd  of  equalization  to  prescribe,  etc., 
§  3692. 

of  state  board  of  equalization,  penalty  for  vio- 
lating, §  3697. 
SAOKA.MENTO    CITY,  legal    distances    from,    § 
151  et  seq. 

seat  of  government,  §  145.. 

ofiicers  to  reside  at,  §  852. 

auction  sales  in,  §  3308. 

board  of  healtli  of.    See  Health. 
SACRAMENTO    COUNTY,   legal  distances    from 
county  seat,  §  151. 

boundaries  and  county  seat,  §  3928. 

school  superintendent  member  of  state  board 
of  education,  §  1517. 

supervisors  may  employ  swamp-land  clerk,  § 
3484. 

treasurer,  when  to    settle    with    controller,   § 
38G6. 

salary  of  county  judge,  §  4329. 

salai-y  of  district  attorney,  §  4330. 
SACRAMENTO    RIVER,  a    navigable    stream,    § 
2349. 

rafts  on,  §  2370. 
SALARIES.    See  Compensation;  Fees. 

county  government  bill.    See  General  Laws. 

acts  preserved,  §  19. 

of  members  of  legislature,  $  266. 

ofticers  of  legislature,  §§  267,  268. 

governor,   §  384. 

private  secretary  to  governor,  §  385. 

executive  clerk,  §  386. 

lieutenant-governor,  §  397. 

secretary  of  state,  §  417. 

deputy  secretaiy  of  state.  §  418.  , 


1198  Index. 

SALARIES— Continued. 

clerk  of  secretaiy  of  state,  §  419. 

recordins-  clerks  for  secretary  of  state,  §  420. 

special  clerks  for  .secretary  of  state,  §  422. 

controller.  §  4.38. 

deputy  controller.  §  439. 

book-keeper  for  controller,   §  440. 

clerks  for  controller,  §  441. 

treasurer,   §  4.5.5. 

clerks  for  treasurer.  §  456. 

watchmen  for  office  of  ti*easurer,  §  458. 

attorney-ceneral.  §  471. 

clerk  of  attorney-gen exal,  §  472. 

surveyor-general,  §  484. 

deputy  surveyor- general,  §  485. 

clerks  for  surveyor-general.  S  486. 

clerks  in  office  of  register,  §  500. 

superintendent  of  public  instruction,  S  513. 

deputy   superintemlent   of    public   instruction, 

§  514. 
clerk  for  superintendent  of  public  instruction. 

§  515. 
superintendent  of  state  printing.  $  .5.34. 
state  geologist.  §  .551. 
assistant  geologist.  §  552. 
insurance  commissioner.  §  628. 
deputy  insurance  commissioner,  629. 
clerk  of  l)oai"d  of  examiners.  §  685. 
justices  of  supreme  court,  §  736. 
judges  of  superior  courts.  §  737. 
supreme  coiirt  reporter,  §  739. 
officers  of  supreme  court,  §  739. 
clerk  of  siipreme  coiirt.  §  755. 
deputy  clerk  of  supreme  court,  §  756. 
officer.  When  title  to  office  contested,  §  936. 
officers,  how  paid,  §  1029. 
adjutant-general.  §  2113. 
assistant  adjutant-general.  §  2114. 
assistant  adjutant-general,  out  of  what    fund, 

§  211.5. 
superintendent  of  insane  asylum,  §  2154. 
a.ssistant  physicians  of  insane  asylum,  §  9i'^9. 
treasurer  of  insane  asylum,   §  2182. 


Index.  1199 

SALARIES— Continued. 

officers  of  insane  asylum,  liow  paid,  §  2193. 

officers  of    deaf,  dumb,  and    blind    asylum,  § 
2243. 

principal  teacher  of  deaf,  dumb,  and  blind  asy- 
lum, §  2269. 

state  librarian,  §  2302. 

deputy  .<tate  librarians,  §  2303. 

harbor  commissioners  and  employees,  §§  2552, 
2571. 

members  of  marine  board,  §  2585. 

secretary  of  state  board  of  health,  §  2982. 

officers  of  health  department  of  San  Francis- 
co, §  3010. 

swamp-land  clerk     of    Sajcramento    county,    § 
3484. 

officer  authorized  to  draw  warrants  for,  par- 
ties considered  debtor,   §  3849. 

county  judge  and  district  attorney,  §  4328. 

county  judge,  §  4329. 

district  attorney,  §  4330. 

teachers.    See  Schools. 
iJALE  of  wrecked  pixjperty,  §  2415. 

notice,  §  2416. 

floating  lumber,  §§  2392.  2393. 

wrecked  or  damaged  vessels,  by  port-wardens, 
§  2507. 

notice,  §  2508. 

unclaimed  property,  §§  3153,  3154. 

of  animals,  brands,  §  3182. 

of  trade-marks.  §  3199. 

certificates  of  purchase  of  state  lands,  §§  3515. 
351G. 

for  taxes.    See  Taxes. 
By  auction,  to  be  classified.  §  3287. 

amount  not  to  be  exceeded,  §  3289. 

by  slieriff  or  constable,  §  3291. 

place  of.  §§  3302,  3304. 

of  live-stock.  §  3305. 

book  to  be  kept,  §  3306. 

advertisement,  §  3307. 

made  in  day-time,  except,  §  3308. 

commission,  §  3.309. 


1200  Index. 

SALE— Continued, 
report,  §  3310. 

penalty  for  not  reporting,  §  3322. 
SAL:\ro>;  in  Eel  river  act,  preserved,  §  19. 

fisliwavs  for,  §  642. 
SALT  AND  TIDE  LAND.    See  General  Laws,  tit. 

Lands  of  the  State. 
SALT-MARSH  LANDS.    See  Lands. 
SALVAGE,  to  whom  allowed,  §  2404. 
to  be  stated  in  writing,  §  2412. 
disputed  claims  to,  §  2413. 
costs  of  proceedings.  §  2414. 
SAN  BENITO  COUNTY,   legal     distances     from 

countv  seat,  §  179. 
SAN    BERNARDINO    COUNTY,    legal    distances 
from  county  seat,  §  180. 
bouTidaries  and  count}-  seat,   §  3943. 
salary  of  county  judge,  §  4.329. 
salai-y  of  district  attorney.  §  4330. 
SAN  DIEGO  CITY,  harbor  commissioners  of,   §§ 
2.575-2608. 
pilots  in,  p.  1058  Stat. 
SAN    DIEGO    COUNTY,    legal    distances    from 
county  seat,   §  181. 
boundaries  and  county  seat,  §  .3944. 
pilots  and  pilot  regulations,  p.  1058,  Stat, 
salary  of  county  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
SAN   FRANCISCO.   CITY  AND   COUNTY,   home 
of  inebriate  in,  §  19. 
legal  distances  from,  §  182. 
number  of  port-wardens,  §  343. 
inspector  of  gas  meters  to  reside  at,  §  583. 
insurance  commissioner  to  keep  office  in,  §  631. 
boundaries,  §  39.50. 
election  commissioners  in,  §  1075. 
election  commissioners,  secretary  of,  in,  §  1077. 
secretary  of  election  commission,  powers  of,  § 

1078. 
elections,  lodirina-house  keepers  and  landlords, 

lists  by.  §  1094. 
special  elections  in.  p.  985  Stat, 
school  superintendent  member  of  state  board 
of  education,  §  1517. 


Index.  1201 

SAN  FRANCISCO  CITY  AND  COUNTY— Cont'd. 

compensation  of  deputy  school  superintendent, 
§  1.150. 

tax  collector  to  enroll  persons  subject  to  mili- 
tary duty,  §  1897. 

penalty  for  refusing,  §  1898. 

drills  of  national  guard,  §  2024. 

harbor  commissioners'  jurisdiction,  §  2522. 

exempt  from  laws   coincerning  wharves,   etc., 
§  2920. 

quarantine  grounds,   §  3004. 

quarantine  officers  and  duties,  §  3008. 

advertisements  and  auctions,  §  3307. 

auction  sales  in,  §  3308. 

swamp-lands  exempt  from  certain  laws  in  re- 
lation to  ovei'flowed  lands,  §  3488. 

taxes,  where  paid,  §  3747. 

treasurer,    when   to  settle  with     controller,    § 
3866. 

exempt  from  chapter  on  supervisors,  §  4087. 

term  of  office  of  assessors,  §  4109. 

salars^  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 

deputies  and  assistants  of  county  clerk  in  San 
Francisco,  p.  959  Stat. 

assistants  of  district  attorney  in,  p.  960  Stat. 

water-front  of  and  jurisdiction  of  harbor  com- 
missioners, p.  1036  et  seq.  Stat. 

notary,    appointment   of   in    Presidio,    p.    1050 
Stat. 

act  authorizing  free  market  in.  p.  1040  Stat. 

harbor  commissioners.    See    Harbor    Commis- 
sioners. 

act  to  increase  efficiency  of  fire  department  in, 
p.  1029  Stat. 

salaries    of    officers  of  fire  department  of.  p. 
1030,  Stat. 

treasurer,  deputies  of,  in,  p.  1066  Stat. 

assistants  to  city  attorney  in.  p.  958  Stat. 
ANITARY  LAWS.    See  Healtli. 
AN    JOAQUIN    COUNTY,  legal  distances  from 
county  seat,  §  183. 

boimdarios  and  county  seat.  §  39.32. 
Pol.  Code- 101. 


1202  Index. 

SAN  JOAQUIN— CoDtinued. 

superiutendeut     of     schools    member  of  state 

board  of  education,  §  1517. 
treasurer,    when    to    settle    with    controller.  § 

38m. 
salai-y  of  county  judge,  §  4329. 
salaiy  of  district  attorney,  §  4.3.30. 
SAN  JOAQUIN  RIVER,  a  navigable  stream,     § 
2349. 
rafts  on,  §  2370. 
SAN    LUIS    OBISPO    COUNTY,   legal  distances 
from  county  seat,  §  184. 
boundaries  and  county  seat,  §  3947. 
salary  of  county  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
SAN     MATEO     COUNTY,  legal    distances    from 
county  seat,   §  185. 
boundaries  and  county  seat,  §  3951. 
salarj-  of  county  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
San  Pedro,  pilots  in,  p.  10.58  Stat. 
SANTA     BARBARA     COUNTY,    legal    distances 
from   county  seat,   §  186. 
boundaries  and  county  seat,  §  3946. 
salary  of  county  judge,  §  4329. 
salary  of  distinct  attorney,  §  4330. 
SANTA  CLARA  COUNTY,  legal  distances  from 
county  seat,  §  186. 
school  superintendent,  member  of  state  board 

of  education,  §  1517. 
treasurer  when  to  settle     with     controller 

3866. 
boundaries  and  county  seat,  §  3952. 
salary  of  county  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
SANTA    CRUZ    COUNTY,   legal  distances   from 
county  seat,   §  188. 
boundaries  and  county  seat.  §  3949. 
salary  of  county  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
SAUCELITO.  quarantine  grounds  at,  §3004. 

pest-liouse  located  at.  §  3022. 
SCHOLARSHIPS  free,  in  university,  §  1395. 


Index.  1203 

SCHOOL  FUND.  See  Funds. 
SCHOOL  LAND.  See  Lands. 
SCHOOLS,  women  eligible  to  educational  offlce,  § 

841. 
controller  to    make    annual    estimate  for  ex- 
penses of,  §  44.3. 
who  admitted  to,  §  16G2. 
for  Cliinese,  §  1062. 
graded,  §  1663. 

course  of  instruction  in,  §§  1664-1667. 
physical  exercise  in,  §  1668. 
for  negro  and  Indian  children,  §  1662.  * 
sectarian  books  amd  teachings     prohibited,     § 

1672. 
time  of  keeping  schools  open,  §  1619. 
duration  of  daily  sessions.  §  1673. 
compulsory  education,  §  1683,  n. 
insulting  or  abusing  teachers,  §  1867. 
disturbing  public  schools,  §  1868. 
issuing  certificate  or  diploma     iiulawfully,     § 

1869. 
teachers  acting  as  agents  of  publishers,   etc., 

§  1870. 
officers  may  administer  oaths,  §  1873. 
books  adopted  to  continue  four  years,  §  1874. 
text-books  to  be  continued  in  use,  §  1874. 
penalties  for  refusing  to  use  books  ordered,  § 

1875. 
printing  and  binding,  §  1877. 
school  year,  when  commences,  §  1878. 
Books- 
Duty  of  state  printer  in  relation  to  printing 

and  binding,  §  1877. 
rules  for  adoption  of.  §  1874. 
rules  for  supplying  of  text-books,  §  1874. 
education,  county  changing  course  of  studv.  § 

1663. 
Census  marshal — 
duty.  §§  36.34,  1635. 
report,  §  1636. 
to  list  wliom.  §S  16.37,  1G38. 
compensation.   §   16.39. 
neglect  or  refusal  of.  to  report,  §  1640. 


1204  Index. 

SCHOOLS— CoutiDued. 
Certificate.s— 

what,   entitle  holder  to  admission   to  normal 
school,  §  1495. 

county  superintendents  may  issue  temporary, 
§  1543. 

fee  for,  §  1565. 

necessary  to  have  waiTant  drawn,  §  1701. 

may  issue  without  examination,    §  1792. 

revocation  of,  §  1775. 

rene\\'al  of,  §  1775. 

holders  of,  may  teach  where,  §  1775. 

county  board  of  examination  may  issue,  §  1771. 

to  whom  issued,  §  1772. 

examination  for,  §  1773. 

city  board  of  examination  may  grant,  §  1791. 

rights  of  holders  of  city,  §  1793. 

of  election  for  school  trustees,  §  1602. 

of  election  to  levy  school  tax,  §  1835. 

unlawful  issue  of,  §  1869. 

evidence  of  moral  character,  §  1871. 

granting  without  examination,  §  1775. 
Clerks— 

when  and  how  elected,  §  1649. 

general  duties.  §  1650. 

to  provide  supplies  and  overlook  property,   § 
1651. 
Collector — 

compensation,  §  1857. 
Compulsory   education — 

children  to  be  sent  to  school,  §  1683,  n. 
Diplomas — 

of  state  normal  school,  §  1503. 

unlawful  issue  of,  §  1869. 

applicants  to  give  evidence  of  moral  character, 
§  1871. 
13istrict  school — 

duty  of  superintendent  as  to,  §  1551. 

names,  §  1575. 

what  forms.  §  1576. 

joint,  §  1577. 

joint,  report  by  trustees.    §  1583. 

two  counties,  apportioning  money   where  dis- 
trict in,  §  1.^S3. 


Index.  1205 

SCHOOLS— Continued. 

new,  when  to  be  opened,  §  1581. 
forming  new  and  clianging  old,  §  1577. 
petition  for  change,  notice  of  and  appi'oval  or 

disapproval,  §  157S. 
duties  of  supervisors,  §  1579. 
new,  action  creating,  when  void,  §  1581. 
to  be  under  control  of  trustees,  §  1611. 
clerks  of  election,  §  1649. 
duties  of  clerks,  §  1650. 
clerk  of,  when  to  provide  supplies,  §  1651. 
Education,  city  and  county  boards — 
how  elected,  §  1616. 
powers  and  duties,  §  1617. 
county  board,  §  3  768. 

county  board,  of  what  to"  consist,  §  1768. 
county  boards  of,  vacancy  in,  §  1768. 
county  boards,  general  powers,  §  1771. 
county  board,  member  not  to  prepare  teacher 

for  examination,  §  1776. 
county  board,  appointment  and  qualification  of 

members,   §   1768. 
county  boards,  organization     and     quorum,   § 

1768. 
county  boards,  votes  necessaiw  to  measures,  § 

1768. 
bribing  member  a  misdemeanor,  §  1879. 
Education,  State  Board  of— 
number  of  members  composing,  §  34.3. 
appointment  and  term  of  oflice  of  members,  §• 

355. 
how  constituted,  §  1517. 
organization,  §  1518. 

majority  necessaiy  to  validity  of  acts,  §  1519. 
meetings,  §  1520. 

general  powers  and  duties,  §  1521. 
traveling  expenses,  §  1.522. 
not  to  change  text-books,  §  1874. 
Examination.   Citj'   Boards  of— 
in  each  city,  §  1787. 
how  constituted.  §  1788. 
chairman,   §  1789. 
meetings,  §  1790. 


1206  :  Index. 

SCHOOLS— Continued. 

general  powers,  §  1791. 

rights  of  holders  of  certificates,  §  1793. 

compensation  of  members,  §  1794. 

member  not  to  prepare  teacher  for  examina- 
tion, §  1776. 

granting  and  renewing  of  certificates,  §  1792. 
Examination,  County  Board — 

how  composed,  §  17G8. 

meetings,  §  1770. 

power  to  grant  certificates,  §  1771. 

certificates,  to  whom,  §  1772. 

how  to  conduct  examination,  §§  1773,  1774. 

may  renew  and  revoke  certificate,  §  1775. 
Examination,  State  Board  of— 

abolished,  §  1741. 
Expenses — 

of  superintendent  of  public  instruction,  §  516. 

of  state  lK)ard  of  education,  §  1522. 

of  county  institutes,  §  1564. 

for  stationeiT,  etc.,  §  1621. 

institutes,  expenses  of,  §§  1533,  1564,  1565. 

superintendent,  county,  account  of  expenses  of 
institute,  §  15G4. 

superintendent,  payment  of  expenses  of  insti- 
tute, §  1564. 

superintendent,  allowance  for  expenses  at  con- 
vention, §  1533. 
Fund,  School- 
special  duties  of  controller,  §  435. 

conversion  of,  into  bonds.  §§  680-682. 

apportionment  of,  §§  18.58-1860,  1543. 

amount  raised  for,  §  3713. 

poll-taxes  collected  paid  into,  §  ,3861. 

purposes  for  which  may  be  used,  §  1861. 

right  of  school  to  receive,  §  1859. 

cancelling  unsold  bonds,  §  1889. 

election  for  issuance  of  bonds,  §  1880. 

election  for  issuing  bonds,  how  conducted  and 
held,  §  1881  et  seq. 

bonds,  interest  on,  §  1886. 

issuance  and  form  of  bonds,  §§  1884,  1SS5. 

election  for  issuing  bonds,  canvassing  returns. 
§   1884. 


ludex.  1207 

SCHOOLS— Continued. 

fines  from  fires  set  on  public  land  paid  to 
school  fund.    See  Appendix  to  Penal  Code. 

fines  for  tearing  down  fence  or  leaving  open 
enclosure  paid  to  school  fund.  See  Appen- 
dix to  Penal  Code. 

See  Moneys,  post. 
Grades — 

primary  and  grammar,  §  1663. 
High,  how  established  and  maintained,  §  1069. 

election  for,  §  1670. 

management  of,  §  1670. 

high  school  boards,  §  1670. 

admission  to.  §  1670. 

pupils  in,  §  1670. 

union  high  schools,   §  1670. 

county  establishment,   maintenance  and  man- 
agement of,   §  1671. 
Houses — 

See  Tax. 

issuing  bonds  to  erect,  §  1880. 

election  for  issuance  of  bonds,  §  1881  et  seq. 

issuance  and  form  of  bonds,  §§  1884,  1885,  1886. 

bonds,  interest  in,   §  1886. 
Library  district- 
fund,  how  expended,  §  1712. 

fund,  of  what  consists.  §§  1713,  1714. 

eoQtrol  and  location,  §  1715. 

who  use.  §  1716. 

powers  and  duties  of  trustees  as  to,  §  1717. 

library,  §  1565. 

fund,  §  1565. 

fund,  apportionment  of.  §  1714. 

stamping  books,  §  1712. 
Meetings — 

of  state  board  of  education,  §  1520. 

teachers'  institutes,  §§  1560,  1.561. 

county  board  of  examination,  §  1770. 

city  board  of  examination,  §  1790. 
Moneys — 

how  used.  §§  1621,  1622. 

derived  from  tax,  §  1820. 

how  apportioned.  §§  1858-1860. 
See  Fund,  ante. 


120S  Index. 

SCHOOLS— Continued. 
ISormal  school — 

trustees,  number,  §  343. 

appointment  and  term  of  office,  §  354.  ^ 

object,  §  1487. 

by  whom  controlled.  §  1488. 

powers  and  duties  of  trustees,  §  1489. 

regular  meetings  of  tnistees,  §§  1490,  1491. 
^  ...joint  meetings  of  trustees,  §  1492.  v 

qualifications   for  admission,   §    1494. 

teachers  holding  certificates,  §  1495. 

pupils  from  other  states,   §  1496. 

pupils  to  file  declaration,  §  1497. 

presidents  to  make  annual  report,  §  1501. 

permission  to  attend  county  institutes,  §  1502. 

holders  of  diplomas,  §  1503. 

amount  raised  for  fund,  §  3713. 

diplomas,  issuance  of,  §  1503. 

superintendent   of   public   instruction  to    visit 
school,  §  1.505. 

diplomas,  rights  of  holders  of,  §  1.503. 

teachers  may  be  admitted  to.  §  1495. 

meeting  of  trustees,  expenses  of  trustees,  al- 
lowance of.  §  1491. 

establishment  of  branch  at  San  Diego,  p.  1048 
Stat. 

establishment  of     branch  at  Los  Angeles,  p. 
1048  Stat. 

establishment  of  branch  in  Northern  Califor- 
nia, p.  3047  Stat. 

Los  Anceles,  additional  buildings  for,  p.  1048 
Stat. 

improvements  and  additional  buildings  at  San 
.Jose.  pp.  1048.  1049  Stat. 

San  Joso.  maintenance  of  high  school  building 
by.  p.  1050  Stat. 

joint  meetinss  of  trustees,  dutv  of  trustees  at. 
§  1492. 

orders  upon  controller  by  trustees,  §  1507. 
Pupils- 
stationery  to  be  furnished.  §  1620. 

non-resident,  when  admitted,  §  1662. 

Chinese,  §  1662. 


I 


ludex.  1209 

SCHOOLS— Continued. 

course  oi'  instruction,  §§  10G5-1667. 

physical  exercise  for,  g  IGGS. 

Indian,  §  1662. 

confined  in  scliool  liow  long,  §  167.3. 

how  admitted,  §  16S3. 

must  submit  to  regulations,  §  1684. 

suspension  and  expulsion,  §  168.5. 

defacing  scliool  properties,  §  1686. 

experienced  teachers  for  beginners,  §  1687. 

district  libraries  open  to,  §  1716. 

examination,  promotion  and  diplomas,  §  1663. 
Superintendents,  County — 

members  of  board  of  education,  §  1517. 

general  duties,  §  1.54.3. 

failure  to  report,  §  1544. 

maj'  appoint  teachers  and  open  schools,  §  1545. 

may  direct  repairs,  §  1.546. 

requisitions  drawn  by,  §  1.548. 

may  appoint  deputies.  §  1549. 

compensation  of  deputy,  §  1550. 

to  repoi-t  number  of  children,  §  1551. 

duty  as  to  boundaries  of  districts,  §  1551. 

when  not  to  teach,  §  155.3. 

allowance  for  expenses,  §  15.52, 

to  hold  teachers'  institutes,  §§  1560,  1561. 

petition  to  change  school  district,  §  1577. 

duties  as  to  change,  §  1578. 

to  fill  vacancies  in  boards  of  tnistees,  §  1614. 

member  of  county  board   of     examination,    § 
1768. 

(Chairman  of  county  board  of  examination,   § 
1769. 

member  of  city  board  of  examination,  §  1788. 

to  furnish  statement  of  amount  of  funds  re- 
quired. §  1817. 

bonds  of,  §  4122. 

duty  as  regards  library,  §  1565. 
Superintendents.  State- 
when  to  report,  §  332. 

number  of  copies  of  report,  §  334. 

di.«tribution  of  reports,  §  335. 

clerks,  §  343. 


1210  Index. 

SCHOOLS— Continued. 

a  civil  executive  officer,  §  343. 

election  and  term  of  office,  §  348. 

ex  officio  regent  of  university,  §  353. 

duties,   §§  512,  1532. 

salary,  §  513. 

salary  of  deputy,  §  514. 

salary  of  clerk,   §  515. 

traveling  expenses,  §§  516,  1522. 

official  bond,  §  517. 

to  reside  at  Sacramento,  §  852. 

vacancy  in  office,  how  filled,  §  1002. 

to  visit  normal  sciiool,  §  1505. 

secretary  of  state  board  of  education,  §  1518. 

board  of  education  meets  at  call  of,  §  1520. 

appeal  when  salary  of  teacher  withheld,  §  1G99. 

convention  of  superintendents,  duty  to  attend, 

§  1.533. 
power  to  call  convention  of  superintendents,  § 

1533. 
apportionment  of  school  fund  by,  §  1858. 
Supervisors^ — 
duties  on  petition  to  change  districts,  §  l.'T!). 
to  levy  county  school  tax.  §  1818. 
failure  to  levy  tax,  §  1819. 
Tax- 
county,  levy  of,  §  1818. 
when  to  levy,  §  1811J. 
proceeds  to  whom  paid,  §  1820. 
district,  elections  to  determine,  §  1830. 
district,    notice   of    election  to   levy,    §§    1831, 

1832. 
judges  of  election,  §  1833. 
ballots,  §  1834. 
retui'ns  of  election,  §  1835. 
certificates  of  election.  §  1836. 
duties  of  assessor.  §  1837. 
maximum  rate.  §  1839. 
no  compensation  for  collecting.  §  1857. 
levy  of  state.  §  3719. 
superintendent    to     estimate  sum  required.    § 

1817. 


Index.  121i 

SCHOOLS— Continued. 
Teachers — 
See  Certificates,  supra, 
fee  for  certificate  or  renewal,  §  1.565. 
examination  of  applicants,  §  1770. 
normal  school  for  education  of,  §  14S7. 
holders  of  diplomas  of  normal  school,  §  1503. 
to  attend  county  institutes,  §  1560. 
pay  of  attending  institutes,  §  156.3. 
institute,  expenses'  of,  §  1564. 
experienced,  for  beginners,  §  1687. 
general  duties,  §  1696. 
school  month  as  to  salary  of,  §  1697. 
appeal  from  order  removing,  §  1698. 
appeal  in  case  salary  withheld,  §  1699. 
warrants  in  favor  of,  when  not  to  be  drawn, 

§§  170(1,  1701. 
duties  of,  as  to  instructions,  §  1702. 
qualifications  as  county  examiners,  §  1768. 
county  certificates  to  what,  §  1772. 
examination  for,  in  counties,  §§  1772,  1773. 
indorsement  on,   §   1774. 
paid  out  of  what  fund',  §  1861. 
insulting  and  abusing,  §  1867. 
issuing  irregular  certificates  a  misdemeanor,  § 

1869. 
not  to  act  as  agent  of  publishers,  etc.,  §  1870. 
appeal  of  removed  teacher,  conclusiveness  of 

judgment,  §  1698. 
leave  before  expiration  of    time,   punishment 

for,  §  1699. 
reports  by  teachers  in  joint  districts,  §  1583. 
Teachers'  Institutes — 
principal  of  normal  school  to  attend,  §  1502. 
hold  annually,  §§  1560,  1561. 
length  of  sessions,  §  1562. 
pay  of  teachers  attending,  §  1563. 
expenses,  how  paid,  §§  1564,  1565. 
holding  of,  §  1561. 
separate,  §  1560. 

duty  of  teacher  to  attend,  §  1560. 
Text-books — 
See  Books. 


1212  Index. 

SCHOOLS— Continued. 
Trustees,  School- 
elections,  §  1593. 

elections,  notices  for,  §  1595. 

to  appoint  judges  and  inspectors,  §  1596. 

opening  and  closing  polls,  §  1597. 

who  maj  vote,  §  1598. 

voting  by  ballot,  §  1599. 

manner  of  voting,  §  1599. 

challenges,  §  1600. 

poll  lists,  §  1601. 

certificates  of  election,  §  1602. 

districts  to  be  under  control  of,  §  1611. 

term  of  office.  §  1613. 

where  joint  districts  formed,  §  1615. 

binding  member  a  misdemeanor,  §  1879. 

resignation  of,  §  1614. 

vacancies,  how  caused,  §  1614. 

vacancy,  filling  of,  §  1593. 

time  of  keeping  schools  open,  §  1619. 

of  old,  hold  over  in  new,  §  1615. 

general  powers,   §  1617. 

to  maintain  schools  for  equal  length  of  time,  § 
1619. 

to  furnish  stationery,  etc.,  §  1620. 

how  to  use  school  moneys,  §§  1621,  1622. 

liabilities.   §§  1623,  1624. 

to  elect  clerli,  §  1649. 

power  and  responsibilities  of  as  to  libraries.  § 
1717. 

may  call  election  to  levy  tax,  §  1830. 

to  appoint  judges,  §  1833. 

not   to   be  interested    in    certain   contracts,    § 
1876. 

calling  election  about  bonds  to  build  school- 
house,  §  1880. 
Warrant.    See  Teachers,  supra. 
SCRIP,  officers  prevented  from  dealing  in,  §  933. 
SEAL,  defined,  §  14. 

great,  custody,  §  407. 

great,  affixed  to  Avhat,  §  408. 

great,  fees  for  affixing.  §  416. 

of  inspector  of  gas-meters,  §  578. 

notary  public,  §  794. 


Index.  1213 

SEAL— Contiuuecl. 

commissioner  of  Oeeds,  §  811. 
executive  officers,  §  1026. 
great,  §  1027. 
of  fire  department,  §  3340. 
SEALER  OF  WEIGHTS  AND  MEASURES. 
State- 
secretary  of  state  ex  officio,  §  351. 
duties,  §  561. 

must  marii  standards,  §  565. 
County — 
county  clerks  ex  officio,  §  562. 
duties,  §  563. 

standards,  §  564.  .i 

standards  to  be  marl^ed,  -§  565. 
standards  to  be  compared,  etc.,  §  566. 
fees,  §  507. 
SECKETAEIES  of  fii'e  department.    See  Firemen, 
of  liarbor  commissioners.    See  Harbor  Commis- 
sioners, 
of  liealtl.  boards.     See  Healtli. 
of  regents.     See  University, 
of  senate.     See  Legislature, 
of  supreme  court.     See  Courts. 
SECRETAKY  OF  STATF:,  1)oo1vS  delivered  to,  at 
close  of  legislature,  §  201. 
duties  where  election  to  legislature  contested, 

§§  281,  282. 
to  autlienticate  as  laws,     bills  remaining  ten 

days  with  governor,  §  313. 
repoi-t.  §  .3.32. 

nuvidier  of  repoii:  printed,  §  334. 
reports  of  state  officers  delivered  to,  §  335. 
civil  executive  offiifer,  §  343. 
election  and  term  of  office,  §  .348. 
ex  officio  state  sealer  of  weights  and  measures. 

§  3.51. 
ex  officio  member  of  state  board  of  examiners, 

§  304. 
ex  officio  state  capitol  commissioner,  §  306. 
ex  officio  member  of  state  prison  directors.   § 

367. 
custody  of  certnin  records,  §  407. 
Pol.  Code— 102. 


1214  ludex. 

SECRETARY  OF  STATE— Continued. 

duties,  §  408. 

to  distribute  statutes  aud  journals,  §  409. 

to  distribute  reports  of  supreme  court,  §§  410. 
781. 

mark  books  distributed,  §  411. 

have  charge  of  capitol,  §  412. 

furnish  fuel  and  stationery,  §  413. 

exijenses  for  fuel,  etc.,  how  paid,  §  414. 

fees,  §  41i>. 

salary,  §  417. 

salary  of  deputy,  §  418. 

salary  of  clerk,  §  420. 

salaries  of  recording  clerks,  §  420. 

salary  of  general  clei-k,  §  421. 

salaries  of  special  clerks,  §  422. 

official  bond,  §  423. 

duty  as  state  sealer  of  -weights  and  measures, 
§§  561,  565. 

when  chairman  of  board  of  examiners,  §  654. 

duty  of,  as  to  supreme  court  reports,  §§  781, 
782. 

must  be  notified  of  qualification  of  notary  pub- 
lic, §  800. 

qualification  of  commissioners  of  deeds  filed 
with.  §  S14. 

to  transmit  to  commissioners  of  deeds  copies 
of  certain  laws.  §  817. 

reside  at  Sacramento,  §  852. 

oath  of  office  of  offi'cers  filed  in  office  of,  §  909. 

official  bonds  filed  with.  §  948. 

bond  where  filed,  §  949. 

resignation,  to  wliom  made,  §  995. 

certain  resignations  made  to,  §  9i>5. 

vacancy  in  office,  how  filled.  §  1001. 

paper  for  election  tickets,  §  1188. 

must  supply  paper  on  application.  §  1196. 

duty  as  to  state  election  returns,  §  1290. 

returns  of  presidential  electors,  §  1313. 

returns  of  representatives,  §  1346. 

record  of  ti-ade-marks,  §  3198. 

seizure  for  taxes.     See  Taxes. 

senate.    See  Legislature. 

senators,  state.     See  Legislature. 


Index.  1215 

SECRETAKY  OF  SUPREME  COURT,  salary  of, 

§  739. 
SENATORS,  UNITED    STATES,    election,  when 

for  full  term,  §  1332. 
election  to  fill  vacancies,  §  1333. 
SERGEANT-AT-ARMS  of  senate  and  assembly,  § 

237. 
of  senate  and  assembly,  duties,  §  259. 
assistant,  duties,  §  260. 
compensation,  §  268. 

to  serve  notice  when  election  contested,  §  290. 
may  arrest  witness,  §  303. 
how  elected,  §  247. 
SERVICE  of  persons  may  be  required  by  state.  § 

37. 
notice  of  contested  election,  §  276. 
process  on  foreign  corporations.  §  616. 
process  by  sheriff,  §§  4176.  4187. 
process  by  eoi-oner,  §  4191. 
process  by  elisor,  §  4192. 
process  by  constable,  §  4314. 
SETTLEMENT,  final,  of  tax  collector  with  audi- 
tor, §  3799. 
assessor  with  auditor,   for  taxes    on  movable 

personal  property,  §  3826. 
assessor  with  auditor,  for  poll-taxes,   §§  3853, 

3854. 
county  treasurers     with   conti'oller,      §§   3865, 

3866. 
penalty  for  treasurers  neglecting  to  make,   § 

3867. 
county  auditors  A\ith  controller,  §§  3868.  8869. 
faihu-e  of  county  auditor  to  make,  §  3870. 
controller  to  deduct  fees.  §  3871. 
county  offi'cers  with  auditor,  §  3SS9. 
county  treasurer  with  auditor.  §  4154. 
SETTLERS  on  swamp  lands  prefei-red  purchasers, 

§  3442. 
on  state  lands  protected,  §  .3443. 
SHASTA  COUNTY,   legal   distances  from  county 

seat.  §  189. 
boundaries  and  county  seat,  §  ,3911, 
salary  of  county  .iudge,  §  4.329. 
salary  of  district  attorney,  §  4330. 


1216  Index. 

SHEIvIFF,  powers  and  duties  as  to  intrusion  on 
public  land,  §  42. 

to  sei-ve  notice  of  contest  of  election,  276. 

serve  process  of  courts-martial,  §  2084. 

deliver  persons  to  insane  asylum,  §  2218. 

fees  of  such,  §  2221. 

duty  in  regard  to  wreclis  and  -oi-ecked  prop- 
erty, §  2403. 

salvage  on  wrecked  property,  §  2404. 

possession  of  wrecked  property,  §  2406. 

floating  lumber,  Avhen  turned  over  to,  §  2.391. 

notice  of  wrecked  property,  §  2417. 

ex  otti'cio  auctioueei-,  §  3291. 

supervisors  maj'  require  services  of.  §  4047. 

when  ex  ofiicio  tax  collector,  §§  410.5,  4106. 

office  at  county  seat,  §  4116. 

reside  at  county  seat,  §  4119. 

prohibited  from  practicing  law,  §  4121. 

bonds,  §  4122. 

duties,  §  4176. 

service  and  execution  of  process,   §  4177. 

return  evidence,  §  4178. 

penalty  for  non-return  of  process,  f  4179. 

refusing  to  levy,  §  4180. 

damages  for  refusing  to  pay  over  money,   § 
4181. 

liability  for  permitting  escape,  §  4182. 

liable  for  rescue.  §  4183. 

no  action  for  escape  or  rescue  after  recapture, 
§  4184. 

Avhen  take  effect.  §  .323. 

direction  to.  must  be  in  writing,  §  4185. 

when  ofiice  vacant.  §  4186. 

as  crier,  §  4189. 

service  on.  how  made,  §  4190. 

process,  how  served  where  party,  §§  4191.  4192. 

other  duties.  §  4193. 

coroner,  when  to  discharge  duties  of,  §  4290. 

compensation  for  conveying  prisoners  and  in- 
sane, p.  1060.  Stat. 

to  be  furnished  with  badges,  p.  1060.  Stat 
SHIPWRECK.     See  Wrecks  and    Wrecked  Prop 
erty. 


Index.  1217 

SIDEWALKS   on   highway,   subject  to  what  re- 
strietons,  §  2632. 
trespass  on,  penalty,  §  2632. 
SIERRA  COUNTY,  legal  distances  from  county 
seat,  §  190. 
boundaries  and  county  seat,  §  3921. 
ti-easurer,     wheB  to  settle     with  controller,  § 

3S66. 
salary  of  county  judge,  §  4329. 
salary  of  district  attorney,  §  4330. 
SIGNATURE  defined,   §  17. 

of  ex  officio  offlieers,  §  1031. 
SINGULAR  NUMBER  includes  plural.   §  17. 
SINKING  FUND,  amount  raised  for.  §  3713. 
SISKIYOU  COUNTY^  act  concerning  marks  and 
brands,  preserved,  §  19. 
act  preventing  destruction  of  fish,  preserved,  § 

19. 
legal  distances  from  county  seat,  §  191. 
boundaries  and  county  seat,  §  3913. 
salary  of  county  judge,  §  4329. 
SOLANO  COUNTY,  legal  distances  from  county 
seat,  §  192. 
boundaries  and  county  seat,  §  3956. 
treasiirer,   when  to  settle     with   controller,    § 

3866. 
salary  of  county  judge,  §  4.329. 
salary  of  district  attorney,  §  4330. 
SONOMA  COUNTY,  legal  distances  from  county 
seat,   §  193. 
boundaries  and  county  seat,  §  3955. 
school  superintendent  member  of  state  board 

of  education.  §  1517. 
salary  of  county  judge,  §  4329. 
salan-  of  district  attornev.  §  4330. 
SOVEREIGNTY,  in  wliom  resides.   §  20. 
SPEAKER  OF  ASSEMBLY,  how  elected,  §  247. 
compensation.  §  267. 
pro  tern.,  how  elected,  §  247. 
pro  tern.,  compensation.  §  267. 
may  issue  subpoena,  §  .300. 
legislative  bills  indorsed  by,   §  311. 
may  administer  oaths.  §  252. 
ex  officio  i  egent  of  university,  §  3.53. 


1218  ludex. 

STANISLAUS    COUNTY,    legal    distances    froui 
county  seat,  §  194. 

boundaries  and  county  seat,  §  3933. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 
STATE  defined,  §  IT. 

acts  funding  debt  of,  preserved,  §  19. 

jurisdiction,  §  33. 

rights  over  persons,  §  37. 

lands,  how  purchased  by  United  States,  §  34. 

rights  over  property,  §  40. 

property  escheats  to,  when.  §  41. 

intruders  upon  public  lands,  §  42. 

may  acquire  property  by  taxation.  §  43. 

private  property  for  public  use,  §  44. 

persons  composing.  §§  50,  51. 

who  subject  to  jurisdiction,  §  54. 

allegiance,  §  55. 

allegiance,  how  renounced,  §  56. 

rights  of  citizens  of  another,  §  60. 

divided  into  counties.  §  75. 

divided  into  senatorial  districts,  §  78. 

congressional  districts,  §  117. 

seat  of  government,  §  145. 

property  of,  exempt  from  taxation,  §  3607. 

sale  of  furniture  and   materials  belonging   to 
the  state,  p.  958,  Stat. 

public  debt.     See  Public  Debt. 

acts   authorizing  dismissal  and   settlement   of 
certain  actions  bv  state,  p.  957. 
STATE  AGRICULTURAL  SOCIETY.     See  Agi'i- 

culture. 

STATE  AN  ATA' ST.  appointment,  powers  and  du- 
ties, p.  1062,  Stat. 
STATE  BOARD  OF  EDUCATION.     See  Schools. 
STATE     BOARD     OP"*     EQUALIZATION.       See 

Taxes. 
STATE  BOARD  OF  HEALTH.  See  Health. 
STATE  BOARD  OF  HARBOR  COMMISSION- 
ERS. See  Harbor  Commissioners. 
STATE  BONDS.  See  Bonds. 
STATE  BURYINC-GROUND.  See  BuiTiug- 
ground. 


Index.  1219 

STATE  OAPITOL.    See  Capitol  of  State. 
STATE  OAPITOL  COMMISSIONERS.     See  Capi- 
tol Commissioners. 
STATE  CONTROLLER.     See  Controller  of  State. 
STATE  GEOLOGIST.     See  Geologist  of  State. 
STATE  LAND.    See  General  Laws,  title  "Lands 

of  the  State." 
STATE  LIBRARY.     See  LibraiT- 
STATE  NORMAL  SCHOOL.     See  Scliools. 
STATE  PRINTING.    See  Printing  of  State. 
STATE  PRISON.    See  Prison  of  State. 
STATE   SEALER    OF  WEIGHTS    AND   MEAS- 
URES.   See  Sealer  of  Weights  and  Measures. 
STATP]  TREASURER.     See  Treasurer  of  State. 
STATE]MENT  on  contest  of  election  to  legislature, 
§  274. 
by  insurance  companies  to  insurance  commis- 
sioner, §§  610-613. 
duty  of  commissioner  when  such,  not  made,  § 

617. 
by  insurance  companies,  on  what  based,  §  627. 
to  assessor,  §  3629. 
supervisors  to  furnish     blank  for  assessor,    § 

3630. 
assessor  to  fill  out  such,  how,  §  3631. 
assessor  may  examine  witness,  §  3632. 
penalty  for  refusal  to  give,  to  assessor,  §  3633. 
of  taxable  property  in  other  county,  §  3637. 
to  clerlv  of  board  of  supervisors,  §  3654. 
assessor  to  transmit  to  state  board  of  equali- 
zation, §  3655. 
penalty  for  failure  to  malie,  §  3656. 
clei'k  of  state  board  of  equalization  to  furnish 

to  assessors,  §  3695. 
auditor    to  transmit    to  controller,   of     taxes 

charged  to  collector,  §  3734. 
tax  collector  to  file,  with  auditor,  §  3753. 
penalty  for  neglecting,  §  3754. 
of  delinquent  taxes  forwarded  to  eonti-oller,  § 

3763. 
of  moneys  paid  to  county  treasurer  bv  conti-ol- 

ler,  §  3873. 
fee-s  allowed  county  officers  for  making.  §  3893. 


1220  Index. 

STATEMENT— Continued, 

of  result  of  election  to  remove  county  seat,  § 
3983. 

annual,  of  supeiTisors,  §  4083. 

of  moneys  in  county  ti-easury,  §§  4221,  4222. 

joint  by  auditor  and  treasurer  to  supervisors,  § 
4223. 
STATE  UNIVERSITY.     See    University    of  Cali- 
fornia. 
STATIONERY  for  state  officers,  §  413. 

how  paid,  §  414. 
STATISTICS,  assessor  to  furnish  surveyor-general 

with,  §  4081. 
STATUTES  in  derogation  of  common  law,   how 
construed,  §  4. 

effect  of  code  on,  §  5. 

repeal  of  certain,  §  18. 

certain,  preserved,  §  18. 

enactment,    §   309. 

efCect  of  amendment  to,   §  325. 

general  rules  for  construing,  §  326. 

repealed  at*  any  time,  §  327. 

repealed,  not  revived,  §  328. 

creating  criminal   offense,   effect  of  repeal,   § 
329. 

amending  section  of  repealed,  void,  §  330. 

secretary  of  state  to     furnish  copies  to  state 
printer.  §  408. 

distribution,  §  409. 

number  of  volumes  printed,  §  528. 

how  printed.  §  529. 

how  bound,  §  530. 

repeal  of,  §§  4504.  4505. 
STEAMERS  meeting,  §  2360. 

landing  and    receiving    passengers,     §§   2361, 
2362. 

engine  to  be  stopped,  §  2363. 

overtaking,  §  2365. 

signals  at.  night,  §  2366. 

violating  rules  for  navigating,  §  2367. 

racing,  §  2373. 

spark-catchers,  §  2374. 

inspectors  to  supervise  spark  catchers,  §  2375. 


ludex.  1221 

STEAMERS- Continued. 

compensation  of  inspectors,  §  2376. 

neglect  of  duty,  penalty,  §  2377. 

owner  liable  lor  engineers'  penalties,  §  2378. 

pilots  attached  to,  §  2478. 
STOCK  NOTES  of  mutual  insurance  companies,  § 
614. 

how  computed,  §  614. 
STREAMS.    See  Navigable  Streams. 

widening.  §  4085. 
STREET  RAILWAYS,  hours  of  labor  on,  §§  324G, 

3250. 
STREETS  are  highways,  §  2618. 

common  council  may  take  property  for,  §  4372. 

how  improved,  §  4409. 

gas  pipes  laid  in,  §§  4410;  4411. 

as  roads.     See  Roads  and  Highways. 

placing  animals  or  refuse  near  sti-eet,  §  2737. 
STUDENTS.     See  University. 
SUBPOENA  issued  by  justices  of  the  peace,  when, 
§277. 

issued  by  what  officer  of  the  legislature,  §  300. 

requirements.  §  300. 

service,  §  301. 

refusing  to  obey,  §§  302,  303. 

issued  by  insurance  commissioner,  §  599. 

issued  by  courts-martial,  ho'w  served,  §  2084. 

assessor  may  issue,  §  3032. 

county  boards  of  equalization,  §  .3676. 

state  board  of  equalization,  §  3692. 

person  served  must  obey,  §  3697. 

supervisors  may  issue,  §  4067. 
SUBSIDY  to  railroads,  §  19. 

SUBSTITUTES  on  draft  in  time  of  war,  §§  2056- 
2058. 

road  work  by,  §  2.582. 
SUNDAY  a  liolidav,  8§  10.  11. 

SUPERINTENDENT  of  insane  asylum.     See  In- 
sane Asylum. 

of  public  instruction.     See  Schools. 

of  public  schools.     Ree  Schools, 

of  state  printing.     See  Printing  of  Stiite. 


1222  Index. 

SUPERVISORS,   act  empowering  to  aid  in  con- 
struction of  railroads,  §  19. 
not  to  be  sureties  on  cei-tain  official  bonds,  § 

955. 
to  publisli  governor's  election  proclamation.  § 

1055. 
issue  pi'oclamation  of  special  election.  §  1056. 
laave  election  blanks  prepared,  §  1073. 
establisli  election  precincts,  §  1127. 
mav  alter  boundaries  of  election  precincts,   § 

li29. 
limitation  of  powers.  §  1130. 
may  designate  place  of  election,  §  1131. 
canvass  election  returns.  §  1278. 
enter  statement  of  record,  §  1282. 
declare  result  of  election,  §  1283. 
duties  on  petition  to  change  school  districts.  § 

1579. 
to  levy  county  school  tax.  §  1818. 
failure  to  levy  such  tax,  §  1819. 
special  school  tax,   §  1837. 
clerk  to  send  assessor's  eni'ollment  of  militia 

to  whom,  §  1900. 
eo]npensation  of  assessors  for  enrolling  militia, 

§  1901. 
duties  of  clerk  in  road  matters.  §  2622. 
ex  offi'cio  road  commissioners.  §  2641. 
general  supervision  over  roads,  §  2643. 
See,  further.  Roads  and  Highway*, 
meeting  on  ai>plication  to  construct  toll-roads, 

§§  2779,  2780,  2781. 
action  thereupon,  §  2782. 
to  appoint  commissioners  to  locate  toll-road.  § 

2783. 
mav  grant  higliwavs  for  purposes  of  toll-i'oad, 

§>787. 
application     to  construct     toll-bridge.  §§  2843, 

2870. 
must  not  .si'aut  application  until.  §  2844. 
authoritv  to  construct  toll-bridge.  §  2845. 
license  tax  and  rate  of  tolls,  §§  2846.  2849. 
bond  of  owner  of  toll-bridge  or  feiTy,  §  2850. 
proceedings     Avhere     supervisor     interested,   § 

2852. 


Index.  1223 

SUPERVISOKS— Continued. 

to  prefer  owner  of  land  to  build  bridge  or  fer- 
ry. §  2S54. 

revenue  derived  from  toll-bridge  license  tax,  § 
2857. 

hearing  of  application  for  toll-bridge,  §  2871. 

action  thereupon,  §  2872. 

may  require  what,  §  2873. 

grant  use  of  highways  to  toll-bridges,  §  2874. 

regulate  weight  and  number  of  animals  to  be 
on  bridge  at  one  time,  §  2876. 

application  to  erect  toll-ferries,  §  2892. 

duty  thereupon,   §  2893. 

powers  in  relation  thereto,  §  2894. 

construction  of  wharves,  chutes,  and  piers,  § 
290G. 

application  -to  construct  such,  §  2907-2909. 

action  thereupon,   §  2910. 

to  lix  rate  of  tolls,  wharfage,  etc.,  §  2916. 

to  regulate  wharf,  etc.,  license  tax,  §  2917. 

of  San  Francisco,  provide  offices  for  health  de- 
partment, §  8011. 

of  San  Francisco,  to  abate  nuisance,  §  3028. 

of  various  counties?,  quarantine,  and  health 
regulations,   §§  30.59,  3060. 

may  appoint  health-offiicer,  §  3062. 

fee  for  registering  births,  when,  §  3081. 

of  San  Francisco,  to  surrender  dead  bodies  for 
dissection,   §  3094. 

may  lay  out  cemeteries,  §  3107. 

jurisdiction  over  cemeteries,  §  3110. 

fix  ajnount  of  toll  licenses,  §  3378. 

petition  for  formation  of  reclamation  distincts, 
§  3446. 

proceedings,  §  3449. 

tiiistees  of  reclamation  distinct  to  report  to,  § 
34.55. 

to  a])prove  wan-ants  drawn  for  reclamation 
inu'posos.  §  .3456. 

appoint  commissioners  to  assess  for  reclama- 
tion purposes,  §§  3456,  34.59. 

appoint  commissioners  to  examine  works,  § 
3476. 


1224  ludex. 

iSUPEBYISORS— Continued. 

duties,  wliere  owners  in  old  districts  desire 
new  districts,  §§  3481,  3482. 

no.  compensation  for  services  concerning 
swamp  lands,  §  3484. 

to  furnish  certain  blanlis  to  assessor,  §  3630. 

forbidden  to  reduce  certain  assessment,  §§ 
3633,  3648. 

to  provide  maps,  etc.,  for  use  of  assessor,  § 
36.58. 

equalize  assessments,  §  3672. 

correct  assessments,  §  3673. 

wlieu  not  to  make  reduction,  §  3674. 

examination  for  purposes  of  equalization,  § 
367o. 

may  subpoena  witnesses  and  take  evidence,  § 
3676. 

assessor  to  attend  meetings  to  equalize  taxes, 
§  3677. 

county  recorder  to  attend  meetings  to  equalize 
taxes,  §  3678. 

to  use  information  and  direct  entry  of  mort- 
gages, §  3679. 

new  assessment,  §  3681. 

clerk  to  record  proceedings  of  board  of  equali- 
zation, §  3682. 

to  be  notified  of  rate  of  tax  to  be  levied,  § 
3696. 

failing  to  accommodate  assessoi',  duty  of  state 
board  of  equalization,  §  3704. 

to  fix  rate  of  levy  of  county  taxes,  §  3714. 

auditor,  duty  to  furnish  statement  to,  §  3737. 

allow  compensation  to  assessor  and  auditor, 
when,  §  3893. 

allow  deputies  to  assessor,  §  3894. 

fix  compensation  of  deputies,  §  389.5. 

provide  certain  maps  for  assessor,  §  3658. 

approve  surveys  of  disputed  county  boundar- 
ies. §  3969. 

audit  claims  for  surveying  disputed  boundary, 
§  3974. 

reports  of  surveyor's  proceedings,  §  3970. 

order  election  for  removal  of  county  seat, 
when,  §  .3977. 


ludex.  122o 

SUPEKVISORS— Continued. 

give  notice  of  result     of  election     to  remove 

county  seat,  §§  3981,  3982. 
transmit  copy  to  secretary  of  state,  §  3983. 
to  exercise  powers  of  counties,  §  4001. 
number  of  members,  §  4022. 
Qualitications,  §  4023. 

when  to  redistrict  county  into  districts,  §  4025. 
vacancy  in  offi'ce,  §  4026. 
chairman.  §  4028. 
clerk,  §  4029. 
duties  of  clerk,  §  4030. 
books  to  be  kept  by,  §  4031. 
regular  meetings,  §§  4032,  4083. 
special  meetings,  how  called,  §  40.34. 
meetings  and  records  public,  §  4035. 
permanent  powers,  §§  4045,  4046. 
to  require  services  of  sheriff,  §  4047. 
to  punish  for  contempt,  §  4047. 
contracts  by,  §  4047. 

to  provide  appliances  for  elections,  §  4004. 
certificates     issued  as  board  of  canvassers.  ? 

40G5. 
appointments  on  petition,  §  4066. 
power  to  require  attendance   of   witnesses,   § 

4067. 
examination  of  witnesses,  §  4068. 
officers  and  witnesses  not  prepaid,  §  4069. 
when  not  to  allow  claims  or  contract  debts,  § 

4070. 
who  may  oppose  claims  before,  §  4071. 
account,  how  made  and  prosecuted,  §  4072. 
account  filed  prior  to  session,   §  4073. 
what  claims  to  reject  or  partially  pay,  §  4074. 
claimant   may    sue   when,   and    when   recover 

costs.  §  407.1. 
what  wan-ants  must  specify,  §  4076. 
not  to  be  interested  in  certain  transactions,  § 

4077. 
transfer  of  application,   when,    §  4078. 
notices,  how  given,   §  4079. 
to  re(iuirc  assessor  to  report  statistics.   8  4081. 
claims  in  favor  of.  §  4082. 

Pol.  Code— 103. 


1226  Index. 

SUPERVISORS— Continued. 

to  receive  and  apply  donations,  etc.,  of  land, 

§  40S4. 
to  improve  sti-eams  not  navigable,  §  4085. 
"vvliat  recovered  on  bond,  §  4086. 
San  Francisco  county  exempt  from  chapter  on, 

§  4087. 
may  consolidate  county  oflBces,  §  4106. 
to  fill  vacancies,  §  4115. 
bonds,  §  4122. 

county  treasurer  to  report  to,  when,  §  4156. 
may  suspend  treasurer,  §  4162. 
to  provide  badges  for  sheriff,  p.  1060. 
district  attorney  legal  adviser  of,  §  4257. 
may  authorize  recorders  and  auditors  to  hire 

deputy,  when,  p.  957,  Stat, 
act  authorizing  transfer  of  funds,  p.  1065. 
to  appoint  public  administrator,  when,  p.  1059, 

Stat, 
solicitation  of  or  pledge  by  candidate,  p.  1051, 
Stat. 

See  Common  Council. 
SUPPLIES,  preference  in,  in  purchase  of,  §§  3247, 

3249. 
SUPREME  COURT.      See  Courts. 

bailiffs  of,  salaries  of,  §  739. 
SUPREME  COURT  CLERK.     See  Clerk. 
SUPREME  COURT  JUDGES.     See  .Judges. 
SUPREME  COURT  REPORTER.     See  Reporter 

of  Supreme  Court  Decisions. 
SUPREME  COURT  REPORTS,  reporter  of  decis- 
ions to  prepare,  §§  771.  772. 
what  to  contain.  §  773. 
justices  to  supervise  publication,  §  774. 
proof-sheets,  §  775. 
style.  §  777. 

number  of  volumes,  §  780. 
disposition,  §.  781. 
SURETY  of  insurance  companies,  examination.  §§ 
G21.  622. 
of  foreign  insurance  companies,  §§  623.  624. 
of  insurance  companies,  §  626. 
justification  of,  on  ofR'cial  bond,  §  955. 


Index.  1227 

SURETY— Continued. 

on  official  bond,  insufficiency,  §  964. 
on  official  bond,  liabilities,  §§  965-967,  977. 
contribution,  969. 
discbarge.  §  970. 
release,  §§-972-974. 

on  offi'cial  bond,  supplemental,   §§  976-979. 
effect  of  discharg-e,  §  980. 
on  assessor's  bond,  liabilitj%  §  3660. 
of  tax  collector,  action  against,  §  3755. 
SURVEY  of  vessel  by  port- wardens,  §§  2503-2506. 
fees,  §  2510. 

for  change  of  road,  §  2684. 
fees  for  such,  §  2687. 
records  liept  by  register, -§  3395. 
approval  of,  to  be  noted  on  plats,  §  3396. 
contest  as  to  approval  of,  §§  3414-3417. 
of  sv\-amp  and  overflowed  lands,  not  approved 

till  land  segregated,  §  3441. 
by  county  surveyor,  §§  4268-4275. 
assessor  may  require  certain,  §  3634. 
to  settle  disputed  county  boundaries,  §§  3969- 

3972. 
of  county  boundaries  heretofore  made  valid,  § 

3973. 
cost  of  making  such,  §  3974. 
SURA^EYOR,  COUNTY",  to  survey  swamp  lands, 

§  3445. 
assessor  may  require,  to  make  certain  survey, 

§3634. 
what,  to  survey  disputed  county  boundaries,  § 

3969. 
duty  Avhere  supervisors  fail  to  approve  report, 

§  3970. 
to  make  surveys  on  application.  §  4268. 
surveys  of  lands  in  two  counties,  §§  4269,  4270. 
surveys  by  true  meridian,  §  4271. 
may  employ  assistance  and  collect  therefor,  § 

4272. 
to  transmit  field-notes,   etc.,   to  surveyor-gen- 
eral. §  4273. 
to  assist  surveyor-general,  §  4274. 
surveys,  liow  made,  whore  interested.  §  4275. 
bonds,  §  4122. 


1228  Index. 

SURVEYOH-GENERAL,  when  to  report  to  gov- 
eruor,  §  332. 

nnniber  of  report  printed,  §  834. 

a  civil  executive  officer,  §  343. 

deputy,  and  elerlvs  in  office,  §  343. 

mode  of  election  and  term  of  office,  §  348. 

ex  offi'cio  register  of  state  land-office,  §§  350, 
497. 

general  duties,  §  483. 

salai-j,  §  484. 

salary  of  deputy,  §  485. 

salai-y  of  clerks,  §  486. 

official  bojid,  §  487. 

salary  as  registei",  abolished,  §  499. 

salary  of  clerks  in  register's  office,  §  500. 

to  reside  at  Sacramento,  §  852. 

vacancy  in  office,  how  tilled,  §  1001. 

in  general  state  locating  agent,  §  3398. 

to  keep  certain  records,  §  3405. 

duty  on  application  for  purchase  of  lands,  §§ 
340t;,   .3407. 

to  obtain  statement  as  to  school  sections,  § 
3409. 

to  repr.esent  state  in  contests  between  it  and 
United  States.   §  .3411. 

duty  as  to  compensation  of  United  States  I'eg- 
isters  and  receivers,  §  3410. 

to  fix  place  for  taking  testimony.  §  3412. 

may  require  attorney  general  to  attend  con- 
test, §  .3413. 

traveling  expenses,  3413. 

contest  as  to  approval  of  survevs.  §§  3414, 
3415. 

instructions  and  printed  forms,  §  3429. 

when  not  to  approve  survev  of  swamp  lands, 
§  3441. 

applications  for  school  land  returned,  how  long 
before  approval.  §  ,3498. 

fees  in  certain  cases,  §  3574. 

to  transmit  lists  to  assessor.  §  3659. 

county  surveyor  to  assist,  §  4274. 

county  sui-veyor  to  furnish  field  uotes,  §  4273. 

duty  where  boundaries  between  c-ounties  dis- 
puted, §  3971. 


Index.  1229 

SURVEYOR-GENERAL— Continued. 

a&sess'or  to  furnish,   witli  certain  statistics,   § 
40S1. 

appropriation  to  pay     indebtedness,     p.   10G6, 
Stat. 
SUTTER  COUNTY,  legal  distances  from  county 
seat,  §  195. 

boundaries  and  county  seat,  §  3926. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 
SWAMP   AND    OVERFLOWED     LANDS.       See 

Lands,  Public. 
TAX  COLIiECTOR  compensation,  §  1857. 

of  San  Francisco,  to  enroll  person  subject  to 
military  duty,  §  1897. 

penalty  for  neglecting,  §  1898. 

auditor  to  deliver  license  to,  §  3357. 

licenses  to  be  procured  from,  §  3359. 

to  commence  suit  for  delinquent     licenses,    § 
3360. 

duties,  in  relation  to  licenses,  §  3361. 

to  settle  with  auditor,  when,  §  3363. 

to  collect  fees  for  licenses,  §  3364. 

duplicate  assessment-book  delivered  to,  §  37.32. 

auditor  to  charge,  with  full  amount  of  taxes,  § 
3734. 

duty  of  auditor  where    duplicate    assessment- 
book  transferred,  etc.,  §  3736. 

to  publish  notice  specifying  what,  §  3746. 

mark  date  of  payment  of  tax,  §  3750. 

give  receipt  to  person  paying  tax,  §  3751. 

settle  with  auditor,  §  37.53. 

penalty  for  failing  to  make  settlements,  §  3754. 

action  against.  §  3755. 

to  collect  additional     per  cent    on  delinquent 
taxes.  §  37.56. 

comi)are    duplicate  with    original    assessment- 
book,  §  3758. 

deliver  to  auditor  delinquent  list,  §  37.59. 

list  to  contain  what.   §  3760. 

linal  settlement  with  auditor,  §  3761. 

charged   witli   amount  of  delinquent   taxes.    § 
3762. 


12;}0  Index. 

TAX  COLLECTOR- Coutinued. 
publish  delinquent  list,  §  3764. 
publisli  notice  in  connection  witli   delinquent 

list,  §  3765. 
duty  after  publication  of  delinquent  list,  §  3769. 
five  per  cent  additional  on  delinquent  taxes,  § 

3770. 
sale  for  paymenit  of  taxes,  §  3771. 
report  of  sale,  §  3772. 
duplicate  certificate  of  purchase  at  tax  sale,  §§ 

3776,  3777. 
to  enter  description  of  land,   §  3778. 
deed  to  state,  §  3785. 
deed  to  recite  what,  §  3786. 
title  conferred  by  deed,  §  3788. 
collect     delinquent  personal     property   tax  by 

seizure  and  sale,  §  3790. 
fees  and  mileage,  §  3793. 
compare  delinquent  list,  §  3797. 
oath  administered  to,  §  3798. 
final  settlement  with  auditor,  §  3799. 
affidavit  on  returned  delinquent  list,  §  3800. 
not  to  collect  double  taxes,  §  3805. 
when  not  offer  land,  etc.,  for  sale,  §  3806. 
persons  removing  from  one  county  to  another, 

§  3805. 
must  separately  perform  duties,  §  3890. 
sheriff,  ^here  ex  offifio,  §§  4105,  4106. 
office  at  county  seat,  §  4116. 
reside  at  county  seat,  §  4119. 
bonds,  §  4122. 
city,  term  of  office,  §  4369. 
furnishing  auditor  with  list  of  lands   sold.    § 

3801. 
TAXES.     See  Municipal  Corporations, 
for  local  puTi^oses,  §  19. 
state  may  acquire  property  by,  §  43. 
for  school  purposes,  §  443. 
militiamen  exempt  from  head.  §  1936. 
annual,  for  road  piu-poses.  §  2663. 
license  for  toll-bridges  and  ferries,  §  2846. 
when  to  issue,  §  2849. 
collection  of  delinquent.  See  infra.  Delinquent. 


ludex.  1231 

TAXES— Continued. 

revenue  derived,  §  2S5T. 

to  keep  wliarf,  chute,  and  pier,  §  2917. 

for  preserving  public  health,  §  30(J3. 

to  pay  compromised  indebtedness  of  reclama- 
tion districts,  §  3479. 

property  subject  to,  §  3607. 

liow  and  where  assessed,  §  3ti2S. 

rate  of,   §3713. 

supervisors  to  regulate  county  rate,  §  3714. 

action  of  state  board,  when  equivalent  to  levy, 
§  3715. 

basis  of  taxation,  §  3671. 

maps  and   plat  boolcs,   forms  of,    §  3658. 
Actions — 

on  bond  of  assessor  for-  malfeasance  or  neg- 
lect,  §  3661. 

judgjuent,  §3662. 

by    parties    dissatisfied     witli    assessment,     § 
3669. 

by  controller  to    recover    delinquent  taxes,   § 
3670. 

for  failing  to  comply  with  rules,  etc.,  of  state 
board  of  equalization,   §  3697. 

for  violation  of  revenue  law,  place  of  trial  of, 
§  3900. 

acts   relating    to    revenue    and    taxation.    See 
General  Laws,  title  "Taxation." 
Assessment — 

acts  dividing  counties  into^  districts  for,   §  19. 

of  property,  §  3627. 

assessment,   supervisors   to   furnish   blanks,    § 
3630. 

property,   how  and    by  whom    made,   §§  3627, 
3628. 

to  be  made,  when,  §  3628. 

of  absent  or  unknown  owner,  §  3636. 

pi-operty  in  another  county,  §  3637. 

of  agent,  trustee,  bailee,  etc.,  §  3639. 

dogs,     tax     on.       See     General     Laws,     title 
■'Dogs." 

of  consigned  goods,  §  3638. 

corporations,   whei'e,    §  3641. 


1232  Index. 

TAXES— Continued. 

property  of  deceased  persons.    §  3642. 

ferries  and  toll-bridges,  §  3643. 

ferry-boats  In  two  counties,  §  3643. 

vessels.  §§3644,  3645. 

boats  and  small  craft,  §  3646. 

things  in  action,  §  3647. 

property  willfuUv  concealed,  removed,  etc..   § 
3648. 

land,   assessment  of  character  of  land   to   be 
noted,   §  3640. 

property  escaping  taxation,  §  3681. 

property,    escaping     assessment    of     previous 
year,  §  3649. 

M'hen  completed,  §  3652. 

on    water-ditches,    toll-roads,  telegraph    lines, 
and  telephone  lines,  §  3663. 

of  railroads,  statement  and  by  whom    made, 
§§  3664.  3665.  3666. 

record  of  assessment  of  railroads,  §  3666. 

record  of  apportionment  of  assessment  of  rail- 
roads. §  3(j66. 

See  also  Equalization,  infra. 

apportionment  of  assessment,  §  3666. 

equalization  of.  §  .3672. 

supervisors  empowered  to  eon-ect,   §  3673. 

supervisors  may  direct  new.  when,  §  3681. 

equalization  by  state  board  of  equalization.  § 
3693. 

equalization,  when  auditor  fails  to  malve  state- 
ment. §  3694. 

fraudulent  assessor  to  be  prosecuted,  §  3698. 

of  property  twice,  remedy,  §  3805. 

irregularity.  §  3806. 

certified  copy  of,  as  evidence,  §  3809. 

of  land,  abbreviations.  §  .3884. 

informalities  not  to  vitiate.  §  3885. 

false  or  incomplete,  new  assessment,  §  3681. 

arbitrary     supervision     of     bv    supervisors.    § 
3633. 

arbitrary,  duty  of  owner  to  make    statement 
after  and  punishment  for  refusal,   §  3633. 


Index.  1233 

TAXES— Continued. 
Assessment-book — 

assessor  to  note  refusal  to  make  statement,  § 
3G33. 

assessor  to  prepare,  §  3650. 

form  of.  §  3650. 

index  to,  §  3651. 

duty  of  assessor  to  furnisla  to  cities  and  towns, 
§  3653. 

maps,  rolls,  etc.,  delivery  of  to  clerk  of  super- 
visors, §    3654. 

field  enrollment  book,  what  to  contain,  §  3640. 

assessor  to  make  affidavit,  §  3652. 

delivered  to  clerk  of  supervisors,  §  .3654. 

penalty  for  failing  to  complete,  §  3656. 

lands  need  not  be  described  twice  on,  §  3657. 

basis  of  taxation,  §  3671. 

supervisors  to  meet  to  determine,  §  3672. 

supervisors     may  require     assessor    to     make 
further  entry,  §  3679. 

assessor  to  enter  changes    and    alterations,   § 
36S2. 

auditor  to  make  entries,  §§  3727,  3730,  3731. 

duty  of  auditor  when  assessment  book  trans- 
ferred, §  3736. 

tax    collector    to    mark    payment    in,  §§  3750, 
3758. 

delinquent  list  compared  with,  §§  3761,  3797. 

original,  as  evidence,  §  3789. 

auditor   to   note  payment    of    poll-tax   on,    §§ 
3827,  3828. 

defects  in  form,  §  3881. 

abbreviations  in,   §  3884. 
Assessors.    See  Assessors. 

no  compensation  for  assessing  school  moneys, 
§  1857. 

to  make  list  of  persons  and  property,  §  3628. 

exact  statement  from  persons,   §  3629. 

supervisors  to  furnish  blanks.  §  .3630. 

duty  of  recorder  to  furnish  lists  of  mortgages, 
trusts,  contracts,  etc.,  §  .3678. 

recorder  must  furnish  with  lists  of  mortgages, 
trusts,  and  coiiti'acts,  etc.,  §  3678. 


1234  Index. 

TAXES— Cont:nue(l. 

maps   and  plat-books  to    be    furnished  to.    § 
3658. 

furnishinsj  personal    property,   receipts  to    by 
auditoi-.   §  3738. 

to  fill  out  statement,  §  3631. 

examine  witness  to  statement,  §  3632. 

duty  where  persons  refuse  statement,  §  36.33. 

may  demand  evidence  of  title.    §  3634. 

sufficient  description  of  property,  how  obtain- 
ed, §3634. 

to  estimate  property  of    unknown    or    absent 
owner.  §  3635. 

absent  or  unknown  owner,  how  assessed.  § 
3636. 

duty  as  to  property  assessable  in  other  coun- 
ty, §3637. 

property,  how  listed.   §  3650. 

form  of  assessment-book,  §  3651. 

afiiilavit  in  assessment-book.   §  3652. 

assessment-book,  when  completed.  §  3652. 

to  deliver  assessment-book,  books,  rolls,  and 
maps  to  clerk  of  supervisors.  §  3654. 

to  transmit  to  state  board  of  equalization 
statement,   §  3655. 

penalty  for  failing  to  complete  assessment- 
book.  §  36."6. 

supervisors  to  furnish  maps  and  plat-books  to, 
§  3658. 

surveyor- general  and  tide-land  commissioners 
to  furnish  statement,  §  3659. 

liable  for  certain  taxes,  §  3660. 

action  on  bond  of,  for  certain  taxes.  §  3661. 

.ludgmeut  against,  for  certain  taxes.   §  3662. 

to  attend  county  board  of  equalization.  §  3677. 

to  furnish  statements  to  state  board  of  equal- 
ization. §  3655. 

board  of  equalization  may  require,  to  enter 
certain  property  on  assessment-book,  §§  3679. 
3681. 

district  artorney  to  prosecute  for  fraud  in  as- 
sessment, §  3608. 

to  collect  certain  taxes  oh  personal  property, 
§  3820. 


Index,  1235 

TAXES— Continued. 

may  collect  by  seizure  or  sale,  §  3S21. 

lio^w  governed  in  collection,  §§  3823-3825. 

settlement  with  auditor,  §  3826. 

compensation  for  collecting  taxes,  §  3829. 

to  collect  poll-taxes,  §  3840. 

]30ll-tax  receipts  for,  §  3S41. 

auditor  to  countersign  and  deliver  sucb,  §§ 
3844,  3855. 

seizure  and  sale  for  poll-tax,  §  3846. 

poll-tax  receipt,  §  3851. 

return  as  to  poll-taxes  collected,  §§  3853,  3854. 

roll  of  persons  subject  to  poll-tax,  §  3857. 

compensation  for  collecting  poll-taxes,  §  3862. 

may  correct  assessment-book,  §  3881. 

annual  settlement  with  county  auditor,  §  3889. 

when  elected,  §  4109. 

incumbents  to  hold  until  election  of  successor, 
§  4109. 

bond.  §  4122. 

liability  for  taxes  not  collected,  §  3661. 
Auditors — 

failure  to  make  statement  to  state  board  of 
equalization,   §  3694. 

clerk  of  state  board  of  equalization  to  trans- 
mit statement  to,  §  3695. 

extension  of  time  by  state  board  of  equaliza- 
tion, §  3705. 

to  enter  what  in  assessment-book,  §  3727. 

duplicate  statement  shoAving  what,   §  3728. 

to  transmit  statements  to  controller  and  board 

of  equalization,  §  3729. 

to  disregard  certain  action  of  supervisors,  § 
070A 

to  compute  and  enter  taxes  against  property, 
§  3731. 

deliver  duplicate  assessment-book  to  collector*, 
and  atfidavit  thereto,   §  3732. 

to  charge  tax  collector  with  certain  amount  of 
taxes,  §  3734. 

to  verify  all  statements  by  affidavits,  §  3735. 

duty  where  duplicate  assessment-book  trans- 
ferred from  one  collector  to  another,  §  3736. 


1236  ludex. 

TAXES— CouMnued. 

to  make  aceouut  of  taxes  not  collected,  §  3831. 

delinquency  computing  and  entering    penalty, 
§  3758 

failure  to  make  report,  penalty,  §  3870. 

to  enter  list  of  property  sold  on  assessment- 
book,  §  3801. 

dutv  to  make  changes  in  assessment-book,   § 
3730. 

accounts  of  moneys  received,  §  3816. 

furnishing  assessor  with  personal  property  re- 
ceipts, §  3738. 

failure  to  furnish  statements,  penalty,   §  3694. 

penalty  for  failure  or  neglect  of,  §  3737. 

tax  collector  to  settle  with,  when,   §  3753. 

deliA^ery  of  delinqiient  list,  §  3759. 

to  settle  with  tax  collector,  how,  §§  3761,  3762. 

transmit  statement  to  controller,   §  3763. 

compare  delinquent  list,   §  3797. 

administer  oatli  to  tax  collector,  §  3798. 

credit  collector  with  amount  of  delinquencies. 
§  3799. 

note    on    assessment-book    personal  taxes    col- 
lected by  assessor.  §8  3827.  3828. 

sign  and  deliver  poll-tax  receipts,  §  3844. 

assessor  to    settle  with,  for    poll-tax,   §§  3853. 
.3854. 

to  return  unused  poll-tax  receipts,  §  3855. 

credit  for  such,  §  .38.56. 

roll  of  persons  subject  to  poll-tax,  §  3858. 

settlement  with  controller,  §§  3868,  3869. 

controller  to  make  entries  on  I'eport  of,  §  3873. 

entries  in  account  with  treasurer.  §  3875. 
Bonds — 

liability  on  assessors.  §  .3660. 

of  assessor,  action  on.  §  3661. 
Collection  of  taxes — 

See  Tax  Collector. 

acts  dividing  counties  into  districts  for.  pre- 
served, §  19. 

tax    collector    charged    with     taxes     levied,    § 
3734. 

tax  collector  to  publish  notice,   §  3746. 


Index.  1237 

TAXES— Continued. 

place  of  payment,  §  3748. 

assessor  to  collect  taxes  on  personalty,  when, 

§  3790. 
personalty    unsecured     by    realty,    taxes    on, 

when  must  be  collected,  §  3640. 
in  what  money  payable,  §  3888. 
sale  of  property  to  state,  §  3773. 
suit  by  state  for  tax  over  ifSOO,  §  3773. 
deficiency  on  personalty,  tax  collector  to  col- 
lect, §3825. 
assessmtnt  and  sale  of  property  sold  to  state, 

§  3813. 
receipts  for  personal  property  taxes,  §  3640. 
I'ailroads  to  pay  taxes  to    state    treasurer,   § 

3069. 
insolvent's  estate,  assignee  must  pay  taxes,  § 

3752. 
paying  on  separate  pieces  separately,   §  3747. 
treasurer,    accounts     of     moneys    received,    § 

3816. 
tax  collector  to    make    report  to^   controller,  § 

3772. 
payment  under  protest,   §  3S19. 
publication  of  notice,  §  3749. 
tax  collector  to  note  date  of  payment,  §  3750. 
receipt  given,  §  3751. 
taxes  of  decedents,  how  paid;  duty  of  probate 

judge,  §  3752. 
settlement  of  collector  with  auditor,   §  3753. 
refusing  or  neglecting  to  settle,  §  3754. 
action  for  refusal  or  neglect,  §  3755. 
taxes   delinquent,    addition    of    percentage,    § 

3756. 
assessment-book,  in  numerical  or  alphabetical 

order.  §  3760. 
credit    tax    collector    on    final    settlement.    § 

3761. 
tax    collector    charged  with    delinquent    taxes 

and  penalty  additional,  §  3762. 
auflitor  to  transmit  statement  to   controller,  § 

3763. 
publication  of  delinquent  list.   §  3764. 

I'ol.  Code— 104 


1238  iQdex. 

TAXES— Coutinued. 
notice  of  sale,  §  o76o. 
manuer  of  publication,  §  3766. 
copy  of  publication  filed  with  county  recorder, 

§  3769. 
additional  sum  to  defray  costs,  how  collected, 

§  3770. 
certificate  of  sale,  §  3776. 
entry  in  book  of    sales,   description    of    laud 

sold,   §  3778. 
redemption,  §  3780. 
redemption,  liow  made,  §  3781. 
recitals  in  deed  evidence  of  what,  §  3786. 
what  recitals  conclusive  evidence,   §  3787. 
deed  conveys  absolute  title,  exception,  §  3788. 
assessment-book,    delinquent    lists,     etc.,    evi- 
dence, §3789. 
manuer  of  sale,   §§  3791.  3792. 
collector's  chai'ges  for  sale  and  seizure,  §  3793. 
title  vests  in  purchaser  on  payment,  §  37M. 
excess  over  taxes  and  costs  returned  to  owner, 

§  3795. 
unsold  portion  left  at  place  of  sale  at  risk  of 

OAvner.  §  3796. 
settlement  of  collector    with    auditor,   §§  3797- 

3799. 
collector  to  make  affitlavit,  §  3800. 
taxes  illegallj'  collected  refunded,  §  3804. 
when  land  assessed  more  than  once,  §  3805. 
land  irregularly  assessed,  not  sold,  §  3806. 
what  mistakes  do  not  affect  sale  of  property 

for  taxes.  §  3807. 
collection  of  taxes   fi*om  persons   removed  to 

another  county,  §§  3808,  3809. 
on  movable  personal  property,  when  collected 

by  assessor,  §  .3820. 
by  seizure  and  sale.  §  3821. 
seizui'e  and  sale,  how  conducted.  §  3822. 
amount    to    be    collected,  how    determined,  § 

3823. 
excess  of  taxes  paid  to  be  refunded  by  county 

treasurer,  §  3824. 
monthlv  settlement  of  assessor  with  auditor, 

§  3826. 


ludex.  1239 

TAXES— Continued. 

auditor  to    note    in    assessment-book,  amount 
paid,   §  3827. 

auditor    to    note,   excesses    or    deficiencies,    § 
3828. 

compensation  of  assessor  in   collecting   delin- 
quent.  §  3829. 

poll,  §§  3840,  3846. 

assessed  prior  to  code,  liow  collected,  §  3892. 

levied  prior  to  division  of  coimty,  how  collect- 
ed. S  3975. 
Controller — 

publication  by,  §  3668. 

failure  to  fol^^'ard  statement  to,  punishment, 
§  3694. 

entries  on   auditor's   report    after     settlement 
with  treasurer,   §  3873. 

calculation  by  of  amount  owing  by  railroads, 
§  3667. 

duty  of.     See  Controllers. 
Deeds— 

to  state,  §  3785. 

conclusive  evidence  of  what,  §  3787. 

sale  of  state  lands,  §  3788. 

conclusiveness  of  and  title  passing  by,  §§  3787, 
3788. 
Delinquent — 

railroad  assessments,  §  3668. 

when  delinquent,   §  3756. 

list  of  delinquent,   §  3759. 

list  to  contain  what.  §  3760. 

to  be  compared  with  assessment-boolv,   §  3761. 

charged  to  tax  collector,  §  3762. 

statement    to    be    forwarded    to    controller,   § 
37&3. 

list  to  be  published,  §  3764. 

publication  of  delinquent  tax  list,  §  3766. 

publication  must  state  time  of  sale,  §  3767. 

tax  collector  to  furnish  auditor  with  list  of  de- 
linquents, §  3759. 

computing  and  entering  penalty,  §  3758. 

penalty  for,  §  3756. 

property  to  be  sold  to  state.  §  3771. 


1240  Index. 

TAXES -Continued. 

tax  coUeetoi-  to  make  report  of  sales  to  con- 
troller, §  3772. 

sale  of  property  purchased  bv  state,  §§  3897, 
3898. 

sale,  stajnping  "sold  for  taxes"  on  subsequent 
bills,    §  3680. 

land  purchased  from  state  and  sold  for  taxes, 
disposition  of.  §§  3785,  3788. 

certificates,  form  of,  recording  and  indexing, 
§  3777. 

certificate  of  sale,  signing  and  entering  in 
book,   §  3777. 

public  lands,  sale  of,  cancellation  of  certifi- 
cate of  sale.  §  3805. 

lands  sold  to  state,  and  not  redeemed,  not 
sold,  §3814. 

sale  of  property  purchased  by  state,  disposi- 
tion of  proceeds,  §  3898. 

duty  of  tax  collector  to  furnish  list  of  lands 
sold,    §  3801. 

notice  of  sale,  §  3765. 

percentage  and  penalty  on  delinquent.   §  3770. 

certificate,  §  3776. 

redemption,   §§3780,  37S1,  3817. 

deed,  §§  3785-3788. 

certain  documents  evidence,  §  3789. 

on  personal  property  collected  by  .seizure  and 
sale,  §  3790. 

sale,  how  made,  §§  3791.  3792. 

excess  at  sale,  disposition.  §  3795  . 

delinquent  list  to  be  compared.  §  3797. 

auditor  to  foot  up  unpaid.  §  3799. 

affidavit  as  to  paid  and  unpaid.  §  .3800. 

uncanceled  entered  on  assessment-books  next 
year,  §  3806. 

erroneouslv  or  illegally  collected,  refunded.  § 
3804. 

double,  not  collected,  §  3805. 

misnomer  not  to  invalidate  sale.  §  3807. 

on  personal  property  iu  certain  case,  how  col- 
lected, §  3808. 

compensation  for  collecting.   §  3829. 


Index.  1241 

TAXES— Continued. 

amendment  of  delinquent  list,  etc.,  §  38S2. 

assessment  and  sale  of  property  purchased  by 
state,  §  3813. 

distribution  of  money  received  on  redemption, 
§  3816. 

redemption  of  land  sold  to  state,  §  3817. 

redemption  of  land  sold  to  state  and  reassess- 
ed, §  3815. 

partial  redemption,  §  3818. 

redemption   of   state   lands    fully   paid    for,    § 
3817. 

redemption.  whO'  may  make.  §  3780. 

redemption  of,  entry  of,  §  3777. 

distribution  of  money  received  on  redemption, 
§  3816. 

failure  to  redeem,  deed  to  state,  §  3785. 
District  Attorney- 
may  dismiss  suit  against  delinquent  purchas- 
ers, §  3551. 

compensation,  in  such  cases,  §  3553. 

to  institute  action  on  assessor's  bond,  §§  3661, 
3698. 

to  institute     action  against     tax   collector,    § 
3755. 

to  commence  action,  when,  §  3878. 

consent  to  modify  or  alter  assessment-boolv.  § 
3881. 

settlement  with  county  auditor,  §  8889. 
Equalization,  County  Boards  Of — 

when  to  equalize  assessment,  §  3672. 

correct  assessment,  §  3673. 

no  reduction  unless  on  application  of  person 
assessed,  §  .3674. 

examination  of  person  assessed,  §  3675. 

witnesses  and  evidence,  §  .3676. 

assessor  and  deputy  to  attend,  §  3677. 

information  and  entry  of  mortgages,   §  .3678. 

new  assessments,   8  .3681. 

cleric  to  record  proceedings  and  alterations,   § 
3682. 

to  correct  assessor's  list  of  persons  subject  to 
militia  duty.  §  1899. 


1242  ludex. 

TAXES— Continued. 
Equalization,  State  Board  Of — 

time  of  report,  §  332. 

number  of  report  printed,  §  334. 

members  composing,  §  343. 

clerk,  §  343. 

who  constitute,  §  352. 

chairman.  §  352. 

assessor  to  make  statement  to,  §  3655. 

penalty  for  failure,  §  3656. 

failure  of  auditor  to  furnish  statement,  pun- 
ishment,  §  3694. 

powers  and  duty,  generally,  §  3692. 

levy  of  tax  and  rate  of,  §  3719. 

raising  and  lowering  assessments,   §  3693. 

record  of  assessment  of  railroads,  §  3666. 

assessment  of  railroads,  §§  3664.  3665. 

apportionment  of  assessment  of  railroads,  §§ 
3665,  3666. 

record  of  apportionment  of  assessment,  §  3666. 

powei-s  and  duties,  §  3692. 

equalization,  when  auditor  fails  to  forward 
statement,  §  3694. 

record  of  railway  assessment.  §  3666. 

notice  of  delinquency,  §  3668. 

changes  to  be  transmitted  to  auditor,  §  3695. 

to  notify  supervisors  of  tax  to  be  levied,  § 
3696. 

refusing  to  obey  rules  and  regulations  of,  § 
3697. 

assessor  to  be  prosecuted  for  making  fraudu- 
lent assessment,    §  .3698. 

clerk  and  members  may  administer  oaths,  § 
3699. 

salaries,  §  3700. 

clerk's  s;ilary,   §  3701. 

auditor  to  follow  directions  of,  §  3730. 
See  .\uditor,  supra. 

expenses,  §  3702. 

duty  iipon  failure  of  supervisors  to  furnish  as- 
sessors with  stationery  and  office  room.  § 
3704. 


Index.  1243 

r  A  XES— Coutinued. 

may  extend  time,  §  3705. 

to  fix  rate  of  taxation,  §  3713. 

action  of,  Avliere  equivalent  to  levy  of  taxes,  § 
3715. 
Levy— 

of  taxes,  I'ate,  §  3713. 

for  state  purposes,  §  3713. 

supervisors  to  regulate  county  rate  of,  §  3714. 

action  of  state  board     of  equalization  where 
equivalent  to,  §  3715. 

of  taxes,  effect,  §  3716. 

power  of  counties  to  levy,  §  4()04. 

tluty  of  state  board,  §  3710. 

levy  not  to  exceed  certain  amount,  §  3714. 

state  rate  of  taxation,  §  3696. 

of  duty    of    clerk    to    transmit    rate    to    con- 
troller. §  3667. 

fixing  rate  of  county  taxes,  time  of,  §  3714. 
Lien — 

taxes  operate     as     judgment     or  lien  against 
property,  §§  3627,  3716. 

on  personal  property  as  lien  on  real  property, 
§  3717. 

on  real  property  and  improvements,  lien  upon 
both,  §  3718. 

of  poll-tax,  §  3800. 
Lists — 

to  be  furnished  to  assessor  by  surveyor-gen- 
eral, S  3659. 

delinquent,  tax  collector  to  deliver  tO'  auditor, 
§  3759. 

to  contain  what,  §  3760. 

to  be  compared  with  wliat.  §  3761. 

to  be  published,  §§  3764.  3766. 

compensation  for  making,   §  3770. 
Mileage — 

to   tax    collector   for   seizing   and    selling   pei-- 
sonal  property,  §  3793. 

controller  to  deduct,  from  payments  made  by 
treasurer,   §  3871. 

rate  allowed  county  treasurers,  §  3876. 


1244  Index. 

TAXES— Continued. 
Moneys — 

tax  collector  to  pay,  when,  §  3753. 

assessor  to  pay,  §§  3826,  3853. 

county    treasurers    to  pay    to  state  treasury, 
when,  §§  3865,  3866,  3872. 

statement  concerning,    paid    by    county  ti-eas- 
urer,  §  3873. 
Notices- 
tax  collector  to  publish,  §  3746. 

publication,  §  3749. 

of  sale  of  property,   §§  3765-3767. 

of  sales  of  personal  property,  §  3792. 

of  amendment  to  delinquent  list,  §  3882. 
Payment— 

of  taxes,  time  and  place.  §  3746-3748. 

date  to  be  marlvcd  by  collector,  §  3750. 

receipt  given  upon,  §  3751. 

on  estate  of  decedent,  §  3752. 

of  moneys  by  tax  collector,  to  county  treas- 
urer, §  3754. 

of  taxes,  entitles  person  to  certificate,  §  3776. 

of  moneys  by  assessor  to  county  treasurer,  § 
3826. 

into  state  treasury  by   county  treasurers,    §§ 
3865-3872. 

of  taxes,  in  what  coin,  §  3888. 
Penalty — 

for  assessors  failing  to  render  statement,  etc., 
to  state  board  of  equalization,  §  3656. 

for   disobedience  to   rules   of   state   board   of 
equalization,  §  3697. 

for  fraudulently     assessing     property     below 
value,  §  3698. 

for  tax  collectors  not  filing  statement  and  pay- 
ing moneys,   §  3754. 

county  treasurers  failing  to  settle,  §  3867. 

auditor  failing  to  report,  §  3870. 
Personal  Property — 

defined,   §  3617. 

consigned,  how  assessed.  §  3638. 

tax,  on  what  lien,  §  3717. 

delinquent  tax,  added  to  tax  on  real  property, 
§  3764. 


Index.  1245 

CAXEIS— Contiuued. 

sale  at  public  auction,  §  3791. 

sale,  when.  §  3792. 

fees  of  collector  for  sale,  §  3793. 

title  in  purchaser  at  sale,   §  3794. 

I'emalning  unsold,  §  3795. 

assessed  in  one  county,  effect  where  owner  re- 

nioTes,  §  3808. 
assessor  to  collect  taxes,  when,  §  3820. 
to  seize  and  sell,  when,  §  3821. 
seizure  and  sale,  how  conducted,  §  3822. 
rate  on  such,  §  3823. 
excess  at  sale,  how  disposed  of,  §  3824. 
deficiency,   how  collected,   §   3825. 
poll-tax  lien  on,  §  3846.    * 
Poll-taxes — 
who  liable,  §  3839. 
exemptions  from,  §  3839. 
by  whom  collected.  §^3840. 
time  of  collection,  §  3840. 
enrollment  of  persons  between   18  and  GO,    § 

3G40. 
disposition  of,  §  3816. 
blank  receipts,  §  3841. 
style  of  blanks  to  be  changed,   §  3842. 
duty  of  treasurer  in  relation  to  Dlanks.  S  3843. 
duty  of  auditor,  §  .3844. 
blanks  delivered  to  assessor,  §  3845. 
seizure  and  sale,   §  3846. 

liability  of  debtor  for  creditor's,  §§  3848,  3849. 
rights  of  debtor  paying.  §  3850. 
receipt  for,  §  3851. 
receipt,  evidence  of  what,  §  3852. 
asses.sor  to  make  returns,  §  3854. 
unused  receipts  returned.  §  3855. 
auditor  credited  with  returned  receipts,  §  3856. 
roll  of  persons  subject  to,  §  .3857. 
roll  to  be  delivered  to  auditor.   §  3858. 
lien  on  property,  §  3860. 
proceeds,  where  paid,  §  :>861. 
acts  exempting     firemen     in   certain  counties 

from,  p.  1029. 
compensation  of  assessor  for  services,  §  3862. 


1246  Index. 

TAXES— Continued. 
Property — 

what,  subject  to  taxation,  §  3607. 

assessed  at  full  cash  value,  §  3627. 

list  of,  subject  to  taxation,  §  3628. 

statement  of,  to  assessor,   §  3629. 

value,  how  ascertained    where    party  refuses 
statement,  §  3633. 

of  absent  or  unlinown  owner  how  assessed,  §§ 
3635,  3636. 

consigned,  how  assessed,  §  3638. 

partnership,  where  assessed,  §  3641. 

corporation,  Avliere  assessed,  §  3641. 

of  deceased  person,  to  whom  assessed,  §  3642. 

in  liti.sation.  to  whom  assessed,  §  3647. 

willfully  concealed,  how  assessed,   §  3648. 

escaping  assessment   previous   year,   how   as- 
sessed, §  3649. 

poll-tax  lien  upon,  §  3860. 
Publication — 

of  tax  collector's  notice,  §  3749. 

delinquent  list.  §  3764. 

notice  with  delinquent  list,  §  3765. 

how  made.  §  3766. 

to  designate  what.  §  3767. 

affidavit  and  copy  of.  filed  with  whom,  §  3769. 

of  notice  of  sale  of  personal  property,  §  3792. 

of  amendment  to  delinquent  list,  §§  3882.  3883. 
Purchaser — 

certificate  to  be  filed,  §  3777. 

deed  conveys  what  title.   §  3788. 

of  personal  propertv  sold  for  taxes.  §  3794. 
School- 
amount  of.  to  be  raised,  §§  443,  3719. 

controller  to  make  annual  estimate  of,  §  443. 

county,  levy  of,  §  ISIS. 

county  auditor,  when  to  levy,   §   1819. 

county,  proceeds  to  whom  paid,  §  1820. 

disti-ict,  election  to  determine,   §  1830. 

disti-ict,  notice  of     election,  to  levy.   §§   1831, 
1832. 

judges  of  election,  §  1833. 

ballots  at  election,  what  to  contain,  §  1834. 
returns  of  election,   §   1835. 


ludex.  1247 

TAXES— Continued. 

certificate  of  election,  §  1836. 
duties  of  assessor,  §  1837. 

maximum  ra^te,  §  1839. 

settlements  with  controller,   §§  3866,  3867. 
TEACHERS.     See  Schools. 
TEACHERS"  IXSTITTTTE.     See  Schools. 
TECHNICAL  WORDS,  how  construed.  §  16. 
TEHAMA  COUNTY,   legal  distances  from  coun- 
ty seat,  §  196. 

boundaries  and  county  seat,  §  3915. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 
TELEGRAPH,  how  assessed,  §  3663. 
TENSES,  con,stiiiction  of,  §-  17. 
TEXT-BOOKS  to  be  continued  in  use  in  schools, 

§  1874. 
THEATERS,  license  for,  §  3380. 
TICKET.     See  Election. 

TIDE-LAND  COMMISSIONERS,  STATE 

BOARD  OF,  abolished,  §  365. 

to  ti'ansmit  certain  lists  to  assessor,  §  3659. 
TIDE-LANDS.     See  Lands. 
TIE  VOTE,  proceedings  on,  §§  1067,  1068. 
TIMBER.     See  Lumber. 

TIME,    certain   limitations     of,    how   affected   by 
code,  §  9. 

method  of  computing,  §  12. 

computation  of,   §§  12,  3255. 

constTuction  of,   §   17. 

of  opening  and  closing  polls,  §  1160. 

leap-year.  §  32.56. 

year,  and  its  parts,   §  3257. 

week,  §  3258. 

day,  §  3259. 

"day-time"  and  "night-time,"  §  3260. 

state  board     of  equalization     mav     extend,   § 
3705. 

of  payment  of  taxes; .  published  in   notice,    s 
3746. 

of  sale  to  pay  taxes,  notice,  §  3767. 

of  sale  to  pay  taxes,  §§  3768,  3792. 

when  auditors  settle  with  controller,  §  3868. 


TIME— Coutinued. 

when  ti"easurei*s  settle  with  controller,  §§  3805, 
3866. 

during  which  county  otE'ces  open,  §  4110. 
TITIiE  to  property,  original  and  ultimate,  §  40. 

to  cemetery  grounds,   §§  3105,  3108. 

by  tax  collector's  deed,   §  3788. 

of  purchaser  of  personal  property  seized   for 
taxes    S  3794 
TOLL-BRIDGES.     See  Bridges. 
TOLL-FERRIES.     See  FeiTies. 
TOLL-ROADS.     See  Roads. 

TOLI>S,  rate  to  be  fixed  by  harbor  commission- 
ers,  §   2524. 

on  roads,  who  exempt,  §  2814. 

on  bridges,  when  not  collected.   §  2828. 

rate  of  bridge  and  fei-i-y,  §§  2846,  2848,  2878. 

rate,  to  be  posted.  §  2856. 

on  bridges,  who  exempt,  §  2879. 

penalty  for  avoiding,  §  2880. 

rate  on  wharves,  piers,  etc.,  §  2916. 

licenses  to  take.  §  3378. 
TON  defined.  §  .3215. 

TO^^'N  LANDS,  certain  acts  relative  to.  §  4442. 
TOAVNS.  exempt  from  laws  concerning  wharves, 
§  2920. 

may  adopt  sanitarv  regulations,  §  3061. 
TRADE-MARKS,  defined,  §  3196. 

exclusive  use  of,  how  secured.  §  3197. 

to  be  filed  with  secretary  of  state,  §  3197. 

record.   §  3198. 

original  owners.   §   3199. 

assignments,  §  3199. 

injunctions,  §  3199. 

laiior  union  may  adopt,  §  3200. 

infringement     of   trade-mark     used    by   trade 
union.   §   .3201. 
TREASURER,    CITY,   term   of  ofB'ce,   how   fixed, 
4369. 

bonds,  §  4374. 

duties.  §  4.392. 
TREASURER   OF     COUNTY,     no    compensation 
for  keeping  s<?hool  money.  §  1857. 


Index,  1249 

TREASURER  OF  COUNTY— Continuecl. 

quarterly  report  to  controllei-  of  state,  §  3424. 

to  report  to  register  of  state  land^offiee,  §  3422. 

to  pay  over  moneys  received  for  lands,  §  3425. 

retain  moneys  received  from  sale  of  swamp- 
lands, §  3426. 

compute  interest  on  sales  of  swamp-lands,   § 
3427. 

duty  as  to  warrants  drawn  by  trustees  of  rec- 
lamation districts,  §§  3456,  3457. 

duty  where  list  of  assessed  charges  for  rec- 
lamation purposes  filed  with,   §§  3464,  .3465. 

to  turn  over  delinquent  lists,  §  3466. 

to  pay  moneys,  when  reclamation  completed, 
§  3475. 

payments  on  state  lands  made  to,  and  duties 
thereupon,  §§  3512,  3513. 

tax  collector  to  pay  to,  §  3753. 

may  refund  taxes,  when,   §  3804. 

prepare  blank  poll-tax  receipts,  §§  3841,  3843. 

when  to  settle  with  controller  and  state  treas- 
urer, §§  3865,  3866. 

penalty  for  neglecting  to  pay  over  money,   § 
3867. 

mileage  and  fees   deducted   by     controller,    § 
3871. 

to  file  with  auditor  copy  of  controller's  state- 
ment, §  3874. 

mileage  for  making  settlement,  §  3876. 

settlement  with  county  auditor,   §  3889. 

ofiice  at  county  seat,  §  4116. 

reside  at  county  seat,  §  4119. 

bonds,  §  4122. 

duty,  §  4144. 

receiving  money  from  private  source  a  misde- 
meanor.    See  Penal  Code,  §  180. 

to  receive  no  money  unless  on  certificate  of 
auditor,  §  4145. 

must  receipt  for  money,  §  4146. 

mode  of  redeeming  warrants,  §  4147. 

registry  of  warrants  when  no  funds,  §  4148. 

notice  of  redemption  of  warrants,  §  4149. 
Pol.  Code— 105 


1250  ladex. 

TREASURER  OF  COUNTY— Continued. 

what  to  state  and  how  published,  S  4150. 

priority  in  payment  of  warrants,  §  41.51. 

funds  reserved  sixty  days  thei-efor,  §  4152. 

settlements,  when  and  how  made,  §  41.54. 

must  note  interest  paid  on  warrant,  §  41.53. 

report  to  supervisoi-s,  §  41.55. 

penalty  for  not  i-eporting.   §  4156. 

when,  must  sue  distinct  attorney,  §  4157. 

when,  must  sue  coroner,  §  4158. 

disposition  of  property  received  from  coroner, 
§  41.59. 

not  to  loan  public  money  or  make  general  de- 
posit, §  4161. 

supeiTisoi's  may  suspend,  §  4162. 

no  commission.s  allowed.  §  4163. 

bool^s   and   vouchers   subject   to   inspection,    § 
4164. 

must  permit  auditor  to  examine  books.  §  4165. 

counting  money  in  treasury,  §  4221. 

deputies  of  treasurei's   in  cities  and   c*ounties 
over  200.000.  p.  1066,  Stat. 
TREASURER  OF   DEAF,   DUMB.  AND   BLIND 
ASYLUM.     See  Deaf,  Dumb,  and  Blind  Asy- 
lum. 
TREASURER  OF  INSANE    ASYLUM.     See  In- 
sane Asvlum. 
TREASURER  OF  STATE,  when  to  report.  §  332. 

number  of  report  printed,  §  334. 

a  civil  executive  ofR'cer,   §  343. 

clerks  in  office  of,   §  .''>43. 

mode  of  election  and  term  of  office,  §  348. 

ex  officio  member  of  board     of  state  capitol 
commissioners,  §  366. 

general  duties,   §  452. 

limitation  upon  receipt  and  payment  of  mon- 
ey, §  453. 
general  fund  consists  of  what,  §  454. 

salary.  §  455. 

salary  of  clerics.  §  456. 

may  employ  two  watchmen,  §  457. 

powers  and  duties  of  watchmen.  5  4.58. 

official  bond,  §  459. 


Index,  1251 

TREASURER  OP  STATE— CoDtiuued. 

to  advance  money  to  employees  of  state  print- 
ing otiice,  when,  §  537. 

may     be     prohibited  from  paying  controller's 
AA'arrants,  §  (i74. 

inspection  of  books,  §  (578. 

member  of  board  of  examiner's,  §  669, 

custodian  of  bonds.  §  682. 

to  reside  at  Sacramento,  §  852. 

pro^hibited  from  dealing  in  certain  scrip,  §  923. 

duties  in  certain  cases,  §§  925,  926. 

vacancy  in  office,  how  filled,  §  1001. 

duties  in  regard  to  state  harbor  commission- 
ers,  §  2531. 

act  authorizing  receipts  as  payments  by  coun- 
ty to  state,  p.  1067,  S.tat. 

cancellation  of  receipts  to  be  received  as  cash, 
p.  1068,  Stat. 

transfer  of  funds  in,  p.  1068,   Stat. 
TREES,  penaltv  for  felling,  in  navigable  streams, 
§  2350. 

may  be  planted  on  line  of  highway,  §  2633. 

liability  foa-  injury  to  such,  §  2633. 

destroying  shade  or  ornamental,  on  highways, 
§  2633. 
TRESPASS  of  animals,  acts  concerning,  preserv- 
ed, §  19. 

on   public  lands,    S   42. 

action  for,  on  toll-roads,  §  2817. 
TRINITY  COUNTY,  legal  distances  from  county 
scat,    §    197. 

boundaries  and  county  seat,  §  3919. 

salary  of  county  judge,  §  4329. 

salary  of  district  attorney,  §  4330. 
TRUST   DEEI)S,   recorder  to   furnish   list   of,    to 

board  of  equalization,  §  3678. 
TRUSTEES,  assessment  of,   §  36.39. 

of    bui-jing-ground     of     state.      See    Buryiug- 
ground  of  State. 

of  library  of  state.     See  Library  of  State. 

of  normal  school.     See  Schools. 

of  reclamation  districts.     See  Lands, 

of  schools.     See  Schools. 


1252  Index. 

TUG-BOATS,  pilots  for,  §§  2457-2458. 

pilotage,  §  2467. 
TULARE  COUNTY,  act  for  better  protectiou  of 
stock-raisers,  preserved,  §  19. 
legal  distances  from  county  seat.  §  198. 
boundaries  and  county  seat,  §  3940. 
salaiT  of  county  judge,  §  4329. 
salaiT  of  district  attorney,  §  4330  . 
TUOLUMNE     COUNTY,     legal    distances     from 
county  seat,  §  199. 
boundaries  and  county  seat,  §  3937. 
treasurer,    when   to  settle    with   conti'oUer,    § 

3866. 
salaiy  of  county  judge,  §  4.329. 
salai-y  of  district  attorney,  §  4330. 
UNITED  STATES,  term  defined,  §  17. 

jurisdiction  of  state  over  land  ceded  or  con- 
demned l>y,  §  33,  34. 
may  acquire  sites  for  submarine  light-houses, 

beacons,  etc.,  §  34. 
i-ights  of  citizens,  §  60. 
UNIVERSITY     OP^  CALIFORNIA,     regents     of, 
Avlien  to  report,  §  332. 
number  of  report  printed,  §  334. 
number  of   members.    §   343. 
liow  appointe<l,  and  term  of  ofiit-e,  §  3.53. 
specimens   collected   by   state  geologist   to   be 

delivei'ed  to,   S  -ISO. 
object  of,  §  1385. 
colleges    maintained   in,    §    1386. 
college  of  letters,  §  1387. 
course  of  instniction,  §  1388. 
president,  §  1389. 
duties  of  president,  §  1.390. 
government  and  discipline,  §  1391. 
students,  §  1392. 

fees  and  rates  of  tuition,  §§  1393,  1394. 
free  scholarships,   §  1.395. 
colleges  of  law  and  medicine  afE'liated  with,  § 

1396. 
annual  examination  for  degrees,  §§  1397-1399. 
degrees  to  graduates  of  colleges  affiliated  with. 
ij  1400. 


Index.  1253 

UNIVERSITY  OF  CALIFORNIA— Continued. 

cei"tifieates  of  proficiency.   §   1401. 

degrees,  §  1402. 

degrees  in  college  of  letters,   §  140.S. 

system  of  manual  labor  in  college  of  agricul- 
ture, §  1404. 

sectarian  tests  prohibited,  §  1405. 

endowment,    §   1415. 

con)ti"olled  by  regents,  §  1425. 

number  of  appointed  regents,  §  1426. 

appointment  of  other  regents,  §  1427. 

vacancies  in  regents,  §  1428. 

president  of  Iward  of  regents,  §  1429. 

number    of    regents    to    constitute    quorum,    § 
1430. 

regents  receive  no  compensation,  §  14.'')1. 

general  powers  and  duties  of  regents,  §  14.^.2. 

income  at  disposition  of  regents,  §  14,3.3. 

fund  for  current  expenses,  §  1434. 

fimds  may  be  drawn   from   state  treasury,    § 
1435. 

construction  of  buildings,   §§    143G-1438. 

temporaiT  buildings,  §  14.39. 

qualifications  and  choice  of  secretary  to  board 
of  regents,   §  1449. 

residence  and  duties.  §  1450. 

term  of  compensation,  §  1451. 

academic  senate,    §   1401. 

general  powers  of  academic  senate,  §  1402. 

proceedings  of  academic  senate,  §  "14fi3. 

cadets,  §  1473. 

otticers  of  cadets.  §  1474. 

equipment  of  cadets,   §  1475. 

retired  officers,  §  1476. 

report  of  military  instructor,   §   1477. 

regents  to  select  and  sell  lands,  §  3533. 

land  agent  of,  duty,  §  3.534. 

moneys  paid  on  order  of  regents,  §  3535. 

delinquent   pui'chasei-s,    §   3536. 

statutes   relating  to.     See   General  Laws,   tit. 
"University  of  California." 
USAGE,  construing  words  according  to,  §  16. 


1254  Index. 

VACANCIES  in  office,  §  996. 

in  legislature,  how  tilled,  §  998. 

how  filled  Avhen  not  otherwise  provided  for,  § 
999. 

during  session  of  legislature.   §   1000. 

in  certain  state  offices,  how  tilled.  §  1001. 

in  office  of  harbor  commissioner,  §  1002. 

in  offiki-e  of  superintendent  of  public   instruc- 
tion, §  1002. 

in  board  of  directors  of  insane  asylum,  §  1003. 

duty  of  persons  appointed  to  fill,  §  1004. 

in  board  of  regents,  how  filled,  §  1428. 

in  school  trustees,  how  filled,  §  1614. 

in  elective  military  offites,  §  1927. 

in   militarv  offices  in  actual  service.   §§   2061- 
206.3. 

in  board  of  supervisors,  §  4026. 

certain,    tilled   only    on   petition,    §  40(56. 

in  count.v  offices,  how  filled.  §  411."). 

in  city  offlt-es,  by  removal.  §  4373. 

in  office  of  sheriff,  when  by  operation  of  law. 
§  4186. 
VACCINE  AGENT,  to  obtain     genuine     vaccine 
matter,  §  2993. 

compensation  and  duty.  §  2994. 
VACCINATION,  of  passengers     of  infected  ves- 
sels. §  3021. 
VAGRANTS,  .iurisdiction  of  police  court  to  pun- 
ish,  §  4426. 
VALUE,  full  cash,  defined,   §  3617. 

full  cash  propert.v  assessed.  §  3627. 
VEHICLES,  meeting,  how  to  pass,  §  2931. 
VENTURA  COUNTY,  legal  distances  from  coun- 

tv  seat,  §  200. 
VESSELS  defined.  §  17. 

rules  for  navigating,  §§  2360-2379. 

how  equippe<l.   §  23<>4. 

at  anchor  to  show  lights,   §  2368. 

to  carry  what  l>oats,  §  2371. 

penalty  for  not  cai-rying  boats,   §  2372. 

liable  for  pilotage.  §  2432. 

kind  of,  to  be  kept  by  pilots,  §  243G. 

commissioners,  not  to  be  interested  in,  §  2447. 


Index.  1255 

VESSELS— Continued. 

rates  of  pilotage,  §  2406. 

pilots  of  outward-bound,  §  2407. 

certain,  exempt  from  pilotage,  §  2468. 

pilot  responsible  for  loss  or  detention,  §§  2481. 

2487. 
survey  of,  by  port-wardens.  §§  2503-2500. 
sale  of  wrecked  or  damaged,  §  2507. 
notice  of  sale,  §  2508. 
fees  for  surA^eys,  §  2510. 
duties   of   masters     an-iving    in    California.    § 

2949. 
l>ond  required  of  owner  or  consignee,   §  2954, 

et  seq. 
fines  for  violating  immigTation  laws,  §  2959. 
certain,   exempt     from  -immigration     laws,   § 

2962. 
ship-masters  to  report  infected,   §  .^013. 
passengers  and   freight  not  to  land   from    in- 
fected. §§  3014,  3019. 
duty  of  pilots  in  relation  to  infectetl.  §  3015. 
ship-masters  failing  to  comply  with   sanitary 

regulations,   §   3010. 
subject  to  quarantine,  §  3017. 
examination  and  inspection,  §  .3018. 
fees  of  health-offiieei-  for  examining  infected, 

§  3020. 
passengers  on  infected,  may  be  vaccinated.   § 

3021. 
quarantine  regulations  for,  §  30.59. 
where  assessed,  §§  3044-3640. 
VETO  by  governor,  §§  311.  312. 
VIEWERS.   ROADS.     See   Roads. 
VOTES.  VOTERS,  AND  VOTINCJ.     See  Election. 
VOUCHERS  of  county   treasurer,   subject  to   in- 
spection. §  4104. 
VOYAGE.     See  Shipping. 
WARD.     See  Guardian  and  Ward. 
WARDS,  common  council  to  lay  out,  §  4404. 
WARDEN  of  state  prison,  lieutenant-governor  is, 
§  367. 
duties  of.     See  Prison  of  State. 


1256  Index. 

WARRANTS,  controller  to  draw,   §  433. 

in   what  order  drawn,   §   436. 

examiners  may  prevent  payment,  §  674. 

drawn  by  school  superintendent,  §  1.548. 

of  reclamation,  districts  redeemed  used  to  pur- 
chase land,  §  .3480. 

"warrant-book"  to  be  kept  by  supervisors,   § 
4031. 

drawn  by  order  of  supervisors,  §  4076. 

when  and  how  treasurer  of  coimty  to  issue,  § 
4144. 

how  paid,  §  4147. 

not  paid  for  want  of  funds,  §  4148. 

interest  bearing  to  be  paid  first,  §  4149. 

notice  of  redemption.  §  4150. 

what,  entitled  to  preference,  §  4151. 

where  not  re-presented  according  to  notice,  § 
4152. 

treasurer  to  note  on,  interest  paid,  §  4153. 

county  auditor  to  draw,  §  4215. 

such,  to  specify  what,  §  4216. 

county,  to  be  numbered,  §  4219. 
Land- 
in  payment  for  land,  §§  3440.  3502. 

duplicates  for  lost  or  defacetl.  §§  3566-3569. 
WARDEN,  fish  and  game,  p.  1031,  Stat. 
^^'ATCHMEN.  treasurer  may  employ,  §  457. 

salary,  §  457. 

duties,  §  458. 
WATER,  pipes  for  conducting,  laid  in  sti'eets,  §§ 

4410-4413. 
WEEK,  defined,  §  32.58. 
'WBIGHTS  AND  ME.\SURES,  standard.  §  3209. 

unit  of  extension,  §  3210. 

division  of  yard,  §  3211. 

rod,  mile,  and  chain,  §  3212. 

acre,  §  3213. 

unit  of  weights.  §  3214. 

divisions  of  pound.   §  3215. 

unit  of  liquid  measures,  §  321(5. 

barrel  and  hogshead,  §  3217. 

unit  of  solid  measure,  §  3218. 

division  of  half-bushel,  §  3219. 


Index.  1257 

WEIGHTS  AND  MEASURES— Coutiuued. 

division  of  eai3acity  for    commodities  sold  by 
heap  measure,  §  3220. 

heap  measure,  §  3221. 

contracts,  how  construed,  §  3222. 

weights  of  bushels,   §  3223. 
WHARFAGE,  harbor  commissioners  to  fix  rate, 
§  2524. 

a  lien,  §  2524. 
WHARVES,  CHUTES,  AND  PIERS,  who  to  au- 
thorize construction,   §  2906. 

application  to  construct,   §  2907. 

must  show  what,  §  2908. 

notice,  on  whom  served,  §  "2909. 

supervisors  to  hear  proot  and  grant  authority, 
§  2910. 

oveirflowed  or  tide  lands',  §  2911. 

space  left  on  each  side,  §  2912. 

condemnation  of  lands,  §  2913. 

width,  §  2914. 

francliise,  what,  §  2915. 

rate  of  tolls,  §  2916. 

license  and  tax,  §  2917. 

to  be  kept  in  repair,  §  291S. 

restrictions  on  authority  to  construct,  §  2919. 

territory  exempt  from  provisions,  §  2920. 

license,  §  3378. 

duties  and  powers  of  harbor  commivssionei's  as 
to.     See  Harbor  Commissioners. 
^VII.LS  defined,  §  17. 

WILMINGTON,  pilots  at  port  of,  p.  10.58,  Stat. 
WITNESSES,  state  may  require  persons  to  be,  § 
37. 

examination  in  contested  election,  §§  275,  278. 

required  to  attend  on  legislature,  §  300. 

service  of  subpoena  on,  §  301. 

punished  by  legislature  for  contempt,  §  302. 

arrested  by  order  of  legislature  for  nonattend- 
ance,  §  303. 

not  held  to  answer  criminally  on  ills  own  tes- 
timony, §  304. 

refusal  of,  to  testify,  §  304. 

before  board  of  examiners,  §  658. 


1258  Index. 

WITNESSES— Continued. 

at  examination  of  insane.  §§  2211,  2213. 

assessor  may  examine,  in  relation  to  taxable 
property.   §   3632. 

county  boards   of  equalization   may  examine. 
§§  3GT6.  3677. 

state  board  of  equalization  may  subpoena.   § 
3692. 

board  of  supervisors  may  subpoena,  §  4067. 

bound  to  obey  subpoena.  §  4068. 

before  supervisors,  not  prepaid,   §  4069. 
WOMEN.     See  Female. 
A^'OODS,  setting  on  fire.  §  .3344. 

extinguishing  fire  in,  §  3345. 
WORDS,  giving  joint  authority,  how  construed.  § 
15. 

consti'uction  of.  §  16. 
WRECKS  AND  WRECKED  PROPERTY,  duties 

of  officers  and  citizens,  §  2408. 

salvage,  §  2404. 

OAvuer  may  reclaim,  §  24(J5. 

siheriff  to  keep  iK)ssession  till  owner  found,  § 
2406. 

perishable  property,  disposal  of.  §  2407. 

order  for  suiTender  to  claimant,  §  2408. 

claimant  to  give  bond,  §  2409. 

action  on  bond,  §  2410. 

owner  may  sue  though  claim  rejected,  §  2411. 

salvage  stated  in  writing.   S  2412. 

proceedings  to  settle  salvage,  §  2413. 

costs,  §  2414. 

unclaimed,  to  be  sold,  §  2415. 

notice  of  sale,  §  2416. 

notice.   §  2417. 

expenses  of  notice.  §  2418. 

county  judge  to  certifv  ownership.  §  4134. 
WRIT  defined.  §  17. 

must  be  issued  in  name  of  people,  §  30. 
WRITING  defined,  §  17. 

application  for  reduction  of  taxes  to  be  in.  § 
3674. 

apiwintment  of  deputies  to  be  in,  §  4113. 

direction  to  sheriff,   §  4185. 


Index.  1259 

YARD,  unit  of  extension,  §  3210. 

division,   §  3211. 
YEAR,  defined,  §  3257. 

scliool.  wlien  commences,  §  1878. 
YOLO     COUNTY,   legal    distances    from   connty 
se<at,   §  201. 
treasurer,    when    to    settle  with    controllei*,   § 

3866. 
boundaries  and  county  seat,   §  3929. 
salary  of  county  .iudge,   §  4329. 
salai-y  of  district  attorney,  §  4330. 
YOSPJMITE  VALLEY,  number  of  commissioners, 
§  343. 
appointment  and  term  of  offiice  of  commission- 
ers,  §  357. 
commissioners,  §  3584.  ' 
powei's  of  commissioners,  §  3585. 
commissioners  to  report,  §  3586. 
YUBA    COUNTY,  legal    distances    from    county 
seat,  §  202. 
treasiu-er,  when     to  settle     with  controller,   § 

3866. 
'boundaries  and  county  seat,   §  3925. 
salary  of  county  judge,  §  4329. 
salary  of  disti'ict  attorney.  §  4330. 


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